Substantive Law

Key Numbers And Legal Research

Key Numbers And Legal Research

Legal research is generally regarded as an essential skill needed for the practice of law. The American Bar Association requires all accredited law schools to train their students in legal research along with substantive law and other practice skills. A cornerstone of legal research is the key number system, which is a classification system of U.S. law. For over 100 years, these topics and key numbers have allowed lawyers and law students the ability to focus directly on a particular legal issue and quickly find on-point case law. Legal research often involves the search for concepts or principles not easily retrieved...

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Important California Laws To Know – Child Abuse, Neglect, And Endangerment

Important California Laws To Know – Child Abuse, Neglect, And Endangerment

The following are some important California laws related to the abuse, neglect, and endangerment of children. Penal Code § 270 Child neglect This statute addresses the abandonment and neglect of children by stating the following: If a parent of a minor child willfully omits, without lawful excuse, to furnish necessary clothing, food, shelter or medical attendance, or other remedial care for his or her child, he or she is guilty of a misdemeanor…” Proof of abandonment or desertion of a child by such parent, or the omission by such parent to furnish necessary food, clothing, shelter, or medical attendance or other remedial care for...

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The Coronavirus And The Force (Majeure)

The Coronavirus And The Force (Majeure)

Most contracts may not be the most interesting piece of “literature” that lawyers and law students may read in their leisure time. One clause commonly found in almost every contract, and perhaps more interesting than most other provisions of a contract, is a force majeure clause. Many legal scholars and attorneys anticipated that the coronavirus would be a circumstance that would result in the interpretation of force majeure clauses affecting the global economy. A force majeure (“superior force”) or “Act of God” clause in a contract relates to performance and whether such performance is suspended by causes outside the control of...

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Important California Laws To Know – Abuse and Domestic Violence

Important California Laws To Know – Abuse and Domestic Violence

This week will feature a look at important California laws related and applicable to acts, conduct, and events that present an ever-growing problem for society. Some laws are especially relevant in 2020 when digital technology and social media have become entrenched in everyday life. In preparing for a career as a lawyer, law students may consider a career in family law. Family law involves issues related to children such as child support, child custody, and visitation. These issues are usually related to divorce and separation. Another aspect of dealing with families and people in intimate relationships is the body of law...

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Best Film Depicting Law School – The Paper Chase

Best Film Depicting Law School – The Paper Chase

Arguably, there are simply not that many movies about lawyers that depict their experiences in law school prior to practicing law. Perhaps because films with Paul Newman as a sole practitioner suing doctors defended by big firm-lawyer James Mason in The Verdict or Spencer Tracy as a judge hearing cases of heinous war crimes in Judgment At Nuremberg are just a bit more compelling. Spencer Tracy was also in one of the most interesting films about lawyers, playing a character patterned after Clarence Darrow in Inherit the Wind. The Paper Chase always seems to be at the top of the list...

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How To Write A Contract – The Essentials

How To Write A Contract – The Essentials

A 1L’s first contracts class is often an intimidating experience, if not just because the 1L saw “The Paper Chase” a few weeks or months before starting law school. Once we get over the initial realization that our Contracts professor is not as heavy-handed as Professor Kingsfield but just as competent, we wrestle with what a contract is and what a contract is not. At some point, we wonder how these documents, often voluminous with endless provisions of legalese, even get drafted in the first place by mere humans. To be candid, many lawyers never write a contract technically from scratch...

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There are Many Paths To A Meaningful Legal Career – Civil Rights

There are Many Paths To A Meaningful Legal Career – Civil Rights

Law students develop many skills, abilities, and qualifications during law school which transfer to other areas outside of the law. There are rewarding careers in government, education, labor relations, nonprofits, regulatory affairs, management, policy analysis, human resources, and strategic planning for law school graduates. And of great interest to any law student soon to graduate, is that there are a vast number of resources that provide information related to alternative and non-traditional employment for anyone with a Juris doctorate. There are several jobs in the field of civil rights for which a law school graduate may qualify. Many civil rights jobs...

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Understanding A Law’s Purpose

Understanding A Law’s Purpose

Because legislation is the product of a deliberative and informed process, it has discernible purposes and objectives. Lawyers and judges utilize tools to examine a statute’s purpose and establish the legislature’s intent for enacting the statute. Once the legislative intent has been established, it may be used to understand and interpret a statute’s meaning. Many statutes begin with a preamble or purpose clause, which may provide guidance in discerning the intent of the legislature where the statute may be ambiguous. Lawyers faced with choosing between different plausible interpretations may refer to the statute’s purpose to make a final decision. However, where...

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Why California Laws Are At The Forefront

Why California Laws Are At The Forefront

California laws are at the forefront of legislation in the United States. Whether related to cannabis, the environment, employment, human trafficking, consumer protection and privacy, the list of cutting-edge legislation is long. A 108-year-old California ballot initiative system enables anyone with the required number of signatures to get virtually anything on the ballot. “If a citizen wants to get a law passed, they don’t have to do it in a conventional way. That’s given rise to a do-it-yourself political culture that doesn’t exist in other places,” said California expert Jim Newton, author of “Jerry Brown and the Creation of Modern California.”...

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About Conflicts Of Law

About Conflicts Of Law

There is a conflict of laws when a legal cause of action implicates the substantive law of more than one jurisdiction, and some determination must be made as to which law correctly applies. A good way to conceptualize “conflict of laws” is to think of its resolution, which is making a “choice of law” to resolve a legal issue. The outcome of this process may require a court in one jurisdiction to apply the law of a different jurisdiction. The conflict may be between federal and state laws, among state laws, or between the laws of different nations. Because the jurisdiction of federal...

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