Counteranalysis Legal research is not only about discovering how the law applies, it is also about determining how strong case is. Using legal research we are analyzing strength and weaknesses of client’s case, and using counteranalysis we determine how opponent can use weaknesses against us. In this paper we will establish why counteranalysis is important and why do we use it, when we use it and where we can apply it. Analysis is application of law to the case. And when we know what analysis is it is not difficult to determine what is counteranalysis. Counteranalysis is anticipating of argument that is likely to be raised by opponent as a respond to your analysis. Argument that is brought as a result of other argument is called …show more content…
It is very important to be careful and to check all relevant cases that can be found in Shepard’s. What we need to keep on mind is that we need to check headnote and key number of client’s case and than to check digest for other cases on topic because Sheapard’s identify only those cases that mention the case we are researching. By checking digest we can find cases that may interpret law differently. Also what we need to check is dissent. There we can find references to cases and other sources that can support counterargument. There is possibility to find case where facts of client’s case and facts from the court opinion are different in such way that the position of the dissent may apply. Treatise can be shown as very good source because analysis in those usually includes arguments and counterarguments. Treatise that has an ALR annotation includes full analysis of the issue and many arguments and counterarguments that are supporting decision. Also there we can find references to other cases and various sources. One more useful source is a law review article. It provides analysis and critique and there can be found discussion on question that it relevant to client’s case. Same as ALR there can be found references to numerous other cases and other research sources. Research is something that comes before counteranalysis. Through research we are supposed to get closer to issue or legal position being addressed, and than to find out weaknesses according to which
In this case, the Department sent the notice on May 5, 2016 denying the Appellant’s application for MA/LTC benefits. The Appellant’s appeal was filed September 14, 2016, one-hundred and thirty-three (133) days after the Department issued its Notice. Since the appeal was filed more than thirty (30) days after the Department issued its notice, the appeal was untimely filed.
The Eleventh Circuit lacks caselaw on the issue; however, federal authority favors excluding third parties from a Rule 35 independent medical examination.
Laws have been put in place of the years to ensure that everyone has equal opportunities when it comes to getting a job, keeping a job, and having access to goods, services, and locations. Several of the laws that have been enacted over the years include the Family Medical Leave Act of 1993, the Age Discrimination Act of 1967, and the Americans with Disabilities of 1990.
By which became a contract on 11/28/2010 we were charged $2500 for legal services but the contract states deposit is not refundable under any circumstances. My first payment started on 11/12/2010 for the total amount of $1,020.00 when I made my first payment I took all my required documents to fill out all the packets I was given for immigration to send them, the benefited are Rogelio Medina and Norma Medina. The request was from our son Jesus Medina. On 7/21/2011 I was sent an appointment for my finger prints before that I received receipts of payments which I made on 6/15/2011 for the amounts of $420 and $1,070 plus $1,000 on 9/6/2011 for the total amount of 2,490 I was also charged and extra 1,250 for his service making the grand total
On 08/22/2017 Adrian and his siblings were returned back home of parent, however Adrian was returned under the condition that his parents find suitable placement for Adrian to live. Since Adrian was ordered home of parent, parents have attempted to place Adrian with different relatives, however his stay is only limited in their homes, as the relatives express that they are unable to look after Adrian because they work full time., and Adrian’s behavior are out of control. Family members fear the consequences of caring for Adrian due to his behaviors, and gang affiliation. Adrian has been residing in different family member’s homes, and most recently his parents Mr. and Mrs. Perez are not able to provide CSW
Lisa Levan 231 Rasberry St. Bethlehem, Pa. 18018 (610) 442-6327 was advised of the identity of Investigator Sean P. Brennan and of the confidential nature and purpose of the interview, Levan, provided the following information:
Shahmaleki’s complaint is futile because the statute limitation has run on the civil rights claims. 42 U.S.C. § 1982 does not include its own statutes of limitations. Instead, courts borrow limitation periods from state law. Courts adopt the most analogous limitations period. In Kansas, the analogous action for § 1983 is injury to the rights of another. That means under Kansas law, the statutes of limitations for claims arising out of § 1983 is two years. Here, the statutes of limitations period has passed. The claim set out by Shahmaleki arose on May 1, 2013. As two years have passed since the claim arose, the statute of limitations has run and this Court should dismiss Shahmaleki’s complaint.
Cite-checking sources are the modern way to check authorities. Before computer-assisted legal research was invented, most attorneys updated their research using books. Shepard’s Citators, published as a series of cumulative volumes was the
Exercising personal jurisdiction over SET would not comport with due process under either federal or Illinois constitutions, because Plaintiff cannot meet the standard to satisfy the federal due process requirements. Federal due process requires Plaintiff to establish: “(1) the nonresident defendant had ‘minimum contacts’ with the forum state such that there was ‘fair warning’ that the nonresident defendant may be hauled into court there; (2) the action arose out of or related to the defendant's contacts with the forum state; and (3) it is reasonable to require the defendant to litigate in the forum state.” Keller, 834 N.E.2d at 936.
Assistant Superintendent Denise Bartlett presented the first reading of proposed revisions that combine the policy and regulations into one document. She reported that with the guidance from legal counsel, the language in the policy is very explicit as to the requirements of administrators, as well as law enforcement when involved in student interviews and arrests. Dr. Bartlett reviewed the revised policy that has been reworked with headings and subheadings to assist administrators in determining which section of the policy may pertain to a specific incident and the revisions of the exhibits.
I would hire Jody because she is a “certified physician coder through AAPC” that is required by state and federal law. When an agency or organization performs a review and grants recognition to an institution that meets specific standards; which are required, it is accredited. This accreditation process is done so that facilities can pinpoint when organizations do “not” meet these standards and to endorse those that “do” meet these standards by state and federal laws.
Technology has changed the way we live our lives in pretty much every way imaginable. In the past, the common belief was that only manual work would be greatly affected by the rise of technology. However, service professions such as the legal profession have certainly seen a change as well. There are discussions what this will mean in the future and whether it will go beyond the current aiding role. If that is so, it could potentially change the current legal framework and question the role of lawyers themselves. There are also issues in relation to the protection of clients through data protection, confidentiality and accountability to look out for. This essay will focus on four main points. Firstly, it will discuss the overall impact of technology on the legal profession, while discussing the potential and feared threat of this. Secondly, exploring the lawyer’s responsibility to offer quality and proper service while relating this to accountability of technology. Thirdly, it will discuss issues relating to confidentiality and the overall role of the lawyer to ensure confidentiality is kept a priority while balancing out the cost reducing and more efficient technologies. Lastly, it will discuss the educational position in relation to technology and the changes that need to happen to prepare future lawyers for their careers.
‘The goal of legal research is to find laws or precedents that support your arguments and undermine those of the other side.’ In the light of this statement discuss the purpose of legal research, and techniques that are available to do it.
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In this essay we will discuss the process of legal research, writing, and analysis. The subject matter will be presented in a clear, concise and objective manner. The textbook that we will be referencing is "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed, BarBri Group, 2006.