|
Practice Of Law
In its most general sense, the practice of law involves giving legal advice to clients, drafting legal documents for clients, and representing clients in legal negotiations and court proceedings such as lawsuits, and is applied to the professional services of a lawyer or attorney at law, barrister, solicitor, or civil law notary. However, there is a substantial amount of overlap between the practice of law and various other professions where clients are represented by agents. These professions include real estate, banking, accounting, and insurance. Moreover, a growing number of legal document assistants (LDAs) are offering services which have traditionally been offered only by lawyers and their employee paralegals. Many documents may now be created by computer-assisted drafting libraries, where the clients are asked a series of questions that are posed by the software in order to construct the legal documents. In addition, regulatory consulting firms also provide ad ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Advice
Legal advice is the giving of a professional or formal opinion regarding the substance or procedure of the law in relation to a particular factual situation. The provision of legal advice will often involve analyzing a set of facts and advising a person to take a specific course of action based on the applicable law. Legal advice is ordinarily provided in exchange for financial or other tangible compensation. Advice given without remuneration is normally referred to as being '' pro bono publico'' (in the public good), or simply ''pro bono''. In the common law systems, it is usually received from a solicitor, barrister or lawyer; in civil law systems it is given by advocates, lawyers or other professionals (such as tax experts, professional advisors, etc.). In some countries, legal advice is subject to the possession of a specific licence; in others, it is simply subject to the general regulation of professional obligation and can be provided by any person, who will usually be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Legal Instrument
Legal instrument is a law, legal term of art that is used for any formally executed written document that can be formally attributed to its author, records and formally expresses a legally enforceable act, process, or contractual duty, obligation, or right, and therefore evidences that act, process, or agreement.''Barron's Law Dictionary'', s.v. "instrument". Examples include a wikt:certificate, certificate, deed, Bond (finance), bond, contract, will (law), will, legislative act, Act (document), notarial act, court writ or process, or any law passed by a competent legislative body in domestic or international law. Many legal instruments were written Seal (contract law), ''under seal'' by affixing a wax or paper Seal (emblem), seal to the document in evidence of its legal execution and Authentication, authenticity (which often removed the need for consideration in contract law). However, today many jurisdictions have done away with the requirement of documents being under seal in or ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Restatements Of The Law
In American jurisprudence, the ''Restatements of the Law'' are a set of treatises on legal subjects that seek to inform judges and lawyers about general principles of common law. There are now four series of ''Restatements'', all published by the American Law Institute, an organization of judges, legal academics, and practitioners founded in 1923. Connection with the rule of precedent Individual Restatement volumes are essentially compilations of case law, which are common law judge-made doctrines that develop gradually over time because of the principle of ''stare decisis'' (precedent). Although Restatements of the Law are not binding authority in and of themselves, they are potentially persuasive authority, persuasive when they are formulated over several years with extensive input from law professors, practicing attorneys, and judges. They are meant to reflect the consensus of the American legal community as to what the law is, and, in some cases, what it should become. As Harva ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Counsel
A counsel or a counsellor at law is a person who gives advice and deals with various issues, particularly in legal matters. It is a title often used interchangeably with the title of ''lawyer''. The word ''counsel'' can also mean advice given outside of the context of the legal profession. UK and Ireland The legal system in England uses the term ''counsel'' as an approximate synonym for a barrister-at-law, but not for a solicitor, and may apply it to mean either a single person who pleads a cause, or collectively, the body of barristers engaged in a case. The difference between "Barrister" and "Counsel" is subtle. In England and Wales, "Barrister" is a professional title awarded by one of the four Inns of Court, and is used in a barrister's private, academic or professional capacity. "Counsel" is used to refer to a barrister who is instructed on a particular case. It is customary to use the third person when addressing a barrister instructed on a case: "Counsel is asked ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tautology (rhetoric)
In literary criticism and rhetoric, a tautology is a statement that repeats an idea using near-synonymous morphemes, words or phrases, effectively "saying the same thing twice". Tautology and pleonasm are not consistently differentiated in literature. Like pleonasm, tautology is often considered a fault of style when unintentional. Intentional repetition may emphasize a thought or help the listener or reader understand a point. Sometimes logical tautologies like "Boys will be boys" are conflated with language tautologies, but a language tautology is not inherently true, while a logical tautology always is. Etymology The word was coined in Koine Greek from ('the same') plus ('word' or 'idea'), and transmitted through 3rd-century Latin and French . It first appeared in English in the 16th century. The use of the term logical tautology was introduced in English by Wittgenstein Ludwig Josef Johann Wittgenstein ( ; ; 26 April 1889 – 29 April 1951) was an Austrian philos ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Regulation
Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For example: * in government, typically regulation (or its plural) refers to the delegated legislation which is adopted to enforce primary legislation; including Land-use planning, land-use regulation * in economy: regulatory economics * in finance: financial regulation * in business, industry self-regulation occurs through self-regulatory organizations and trade associations which allow industries to set and enforce rules with less government involvement; and, * in biology, gene regulation and metabolic regulation allow living organisms to adapt to their environment and maintain homeostasis; * in psychology, self-regulation theory is the study of how individuals regulate their thoughts and behaviors to reach goals. Forms Regulation in the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Statute
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed will of a legislative body, whether that be on the behalf of a country, state or province, county, municipality, or so on. Depending on the legal system, a statute may also be referred to as an "act." Etymology The word appears in use in English as early as the 14th century. "Statute" and earlier English spellings were derived from the Old French words ''statut'', ''estatut'', ''estatu,'' meaning "(royal) promulgation, (legal) statute." These terms were in turn derived from the Late Latin ''statutum,'' meaning "a law, decree." Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette, whi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Law Institute
The American Law Institute (ALI) is a research and advocacy group of judges, lawyers, and legal scholars limited to 3,000 elected members and established in 1923 to promote the clarification and simplification of United States common law and its adaptation to changing social needs. Additional goals noted were "to secure the better administration of justice, and to encourage and carry on scholarly and scientific legal work." Members of ALI include law professors, practicing attorneys, judges and other professionals in the legal industry. The committee that issued report recommending the Institute be formed consisted of some of the best known members of these groups, e.g. Elihu Root, George W. Wickersham, William Draper Lewis, Joseph Henry Beale, Benjamin N. Cardozo, Arthur Corbin, Ernst Freund, Learned Hand, Roscoe Pound, Harlan F. Stone, John Henry Wigmore, and Samuel Williston. ALI writes documents known as "treatises", which are summaries of generally state court c ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
American Bar Association
The American Bar Association (ABA) is a voluntary association, voluntary bar association of lawyers and law students in the United States; national in scope, it is not specific to any single jurisdiction. Founded in 1878, the ABA's stated activities are the setting of academic standards for law schools, and the formulation of model ethical codes related to the legal profession. As of fiscal year 2017, the ABA had 194,000 dues-paying members, constituting approximately 24.4% of American attorneys. In 1979, half of all lawyers in the U.S. were members of the ABA. In 2016, about one third of the 1.3 million practicing lawyers in the U.S. were included in the ABA membership of 400,000, with figures largely unchanged in 2024. The organization's national headquarters are in Chicago, Illinois, with a branch office in Washington, D.C.. The association is affiliated with the law, legal, and professional research sponsoring organization the American Bar Foundation. History The ABA wa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal). Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. Extraterritorial jurisdiction is exercised through three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises questions of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admission To The Bar In The United States
Admission to the bar in the United States is the granting of permission by a particular court system to a lawyer to practice law in the jurisdiction. Each U.S. state and jurisdiction (e.g. territories under federal control) has its own court system and sets its own rules and standards for bar admission. In most cases, a person is admitted or called to the bar of the highest court in the jurisdiction and is thereby authorized to practice law in the jurisdiction. Federal courts, although often overlapping in admission requirements with states, include additional steps for admission. Typically, lawyers seeking admission to the bar of one of the U.S. states must earn a Juris Doctor degree from a law school approved by the jurisdiction, pass a bar exam and professional responsibility examination, and undergo a character and fitness evaluation, with some exceptions to each requirement. A lawyer admitted in one state is not automatically allowed to practice in any other. Some st ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Admission To Practice Law
An admission to practice law is acquired when a lawyer receives a license to practice law. In jurisdictions with two types of lawyer, as with barristers and solicitors, barristers must gain admission to the bar whereas for solicitors there are distinct practising certificates. Becoming a lawyer is a widely varied process around the world. Common to all jurisdictions are requirements of age and competence; some jurisdictions also require documentation of citizenship or immigration status. However, the most varied requirements are those surrounding the preparation for the license, whether it includes obtaining a law degree, passing an exam, or serving in an apprenticeship. In English, admission is also called a law license. Basic requirements vary from country to country, as described below. In some jurisdictions, after admission the lawyer needs to maintain a current practising certificate to be permitted to offer services to the public. Africa The African Union comprises all 55 co ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
