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Legal Contract Writing Guide

June 29th, 2016 Comments off

Writing Guide

Entering business sphere requires constant negotiations and contract writing knowledge. It is the best and safest way to protect your personal interests that ensures safety. Legal contract writing helps legal entities, institutions and business people to avoid disagreements and disputes of different types as well. It is advised to provide the written summary after each session of negotiations to close a deal by the means of a signed legal document which we are going to discuss in our guide on how to write a contract.

Legal contract is a binding agreement between two or more entities with specific terms, responsible parties, conditions and requirements indicated in it. Grammatically correct contract with clearly clarified obligations and conditions of each party guarantees transparency and total comprehension for future cooperation. Apart from knowing the terms and conditions of a legal contract it’s very important to be able to compile the contract in a right way using appropriate language, notions and keeping up to the corresponding norms. Taking into account the tips mentioned below will help you to more clearly understand this process and compose decent legal writing.

Use Appropriate Language

Good legal writing consists of the formal language use, specific terminology, grammatically correct phrases and no contractions. Using plain and legalese language at the same time is far from possible, but at least is worth trying.

Make a Draft

Making a draft is not a sign of inability or disconfidence, it’s a sign of good preparation and studious work. The more drafts were made and modified the better chances of excellent final version writing you may have.

Organize the Text

Logical organization of information and good writing structure are very important. Introduction, main body and termination will help to better navigate through the contract points. Number and label each paragraph to emphasize the topic of the paragraph and bullet points.

Provide All the Needed Details

Provide as much needed details as required. You need to arrange the information which is relevant and to be taken into account by signing parties. It is necessary to set requirements, rights and obligations. The key to success is presenting clarifying conditions, contract termination, payment terms and future provisions.

Outline the Boundaries

Breach terms are also very important in case of failure to comply with the agreement. If any party breaks the contract or refuses to perform the required points, further actions and what to do next must be indicated.

Signify the Responsibilities

Legal contract countersigning is the final stage and the proof that both sides clearly understand and accept all the requirements in the stated provisions. Well understood requirements can guarantee a successful mutual cooperation.

All in all, almost all commerce bargains, business transactions and relationships are coordinated by legal contracts, whether it’s buying a cell phone or a bag of beans. It doesn’t necessarily mean that all contracts go in a written form, some of them can be in a verbal form, but it’s always better to have everything that was agreed – written. To conclude with the most important advice on how to write a contract is that every legal document has to be clear, precise, concise and comply with the legal writing norms.

10 Criminology Topics for Your Essay on Law

April 19th, 2016 Comments off

10 criminology topics for your essay on lawCriminology handles nature, causes, control and consequences of criminal behavior. Today the necessity of this science is extremely important, while the level of crime is rising immensely all over the world. For many scientists the explanation of human behavior has become a top priority.

A wealthy socio-historical experience of the mankind in the past affords a good opportunity for appropriate comprehension of modern criminology and the issues solved by this branch of knowledge. This science had different factors that made an impact on its development providing enough information for a better comprehension of criminology and its opportunities.

Before starting to write a criminology essay, a writer should ensure first that he or she understands the question of the assignment. A good criminology essay addresses its question throughout. At the same time it demonstrates a structured answer. Key phrases enable a writer to understand how he or she should develop the answer’s construction. For example, if the concept of penal welfare should be described, an account of the concept should be provided. If the concept of penal welfare should be criticized, strengths and weaknesses of the concept should be assessed, and a value judgement should be performed.

When a student has to write a research paper on criminology, he or she needs to find a topic that is relevant. Here are ideas about appropriate criminology essay topics to discuss.

  1. Cyberterrorism in the US. Cyberterrorism includes a range of malevolent computer-based activity. Some experts claim, a set of standards for securing databases and networks must be set up. Such standards must be accepted by organizations, individuals and government.
  1. Female Domestic Violence Offenders. Female domestic violence offenders are usually disregarded in theory and research. In fact females fall victim to the high incidence of domestic violence crime.
  1. The Ponzi Scheme: New Successors. Charles Ponzi created his infamous scheme a hundred years ago. However, this method of using incoming investments to pay the old investors is still alive. Today money lost from Ponzi schemes in the US is as high as from shoplifting.
  1. Human Trafficking in the USA. Human trafficking may seem like a distant problem to US citizens, while few can hear about it on TV. But recent cases of human trafficking in Maryland and northern Virginia provide an alarm signal.
  1. The Global Weapons Epidemic. The number of skirmishes in the United States is increasing every year. Should the government put more restrictions on gun use and ownership?
  1. The Issue of Underground Child Labor in Cuba. In spite of the fact that child labor is prohibited in most countries, lots of kids work hard in difficult conditions.
  1. The Phenomenon of Torture. In the modern world torture is a prevailing human rights crime. It is practiced in one hundred countries, including the US.
  1. Abuse and Fraud in Nonprofit Organizations. The most famous fraud schemes performed against nonprofit organizations and how such schemes could be detected and prevented.
  1. The Music Industry’s War on Piracy. Is music property? Is downloading music a crime? What penalties for unauthorized borrowing are used by the musicians?
  1. Benefits and Costs of Preventing Crime. What are the cost savings from preventing a robbery, burglary, or assault? Who benefits from such savings?

Above are just a few of many criminology essay topics. Remember that it’s better to choose a topic that is relevant and interesting. Make sure you can collect enough information on the topic to do a solid research. You are going to show a thesis statement to the reader and prove why you believe your statement.

How to Write an Opening Statement for a Court

January 22nd, 2016 Comments off

opening statement and present a caseWriting an opening statement is an integral part of trial since it provides an attorney with a chance to interact with the jury regarding the client’s case. Make sure that you know how to write an opening statement for a court before you actually do. Typically it comprises an introductive part, a body that tells about the weaknesses and disputes of the case, as well as a conclusive part.

Make sure to plan and understand the basic purposes of your statement. This is your chance to help jurors comprehend your particular case, concentrate on the most important evidence, as well as understand the context. Before you start writing, you have to know what your opening statement should include. First of all, it should provide the jury with a clear picture of the case. Besides, it helps you to get the jury inspecting your story. The point is that in case the jury is getting bored with your case, they will most likely become inattentive during your presentation of evidence.

Know your audience and choose the right tone for them. When the question is about delivering your opening statement on trial, you will be faced with the jury. In order to generate the best quality opening statement, make sure to have enough information about your jurors. Understand the cultural and educational background of your jurors in order to decide what tone will match the audience and make your message easily accessible to each of them.

Work on the introductory remarks. This is the part, where you can get a little aggressive. This will help you to give the jurors a positive impression of your particular case. Start with minor remarks that sum up the case, shed some light on your topic and make sure to get the jurors interested in your message.

Introduce your locations, actors and other important witnesses. When doing so, you will have to make your client seem likeable and real. You must also tell your jury about the most important locations and time frames that are crucial in the trial. Make sure to present all those things as tangible and real as you can since what you need is the jury to believe in your story.

When you’re done with the pivotal points of the case, ensure to tell the jury what is claimed in the complaints. The body of the opening statement reveals what happened from the client’s viewpoint. Make the segment as simple as possible, informing the jury on who did what to whom, why and what are the consequences.

Ensure to draw solid conclusions for the opening statement. Sum up the topic of the case and make sure to correctly approach the jurors for a particular verdict. Feel free to suggest that the evidence adds up to the most desirable outcome. Now that you know how to write an opening statement for court, go ahead and win that case!

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Harm of Clichés in Legal Writing

January 22nd, 2016 Comments off

computer desk photography“It was a dark and rainy evening…” Clichés like this one can be seen everywhere, when it comes to writing a story. Harm of clichés is evident in legal writing too. It happens to be overloaded with the lifeless phrases that have completely lost their oomph. While in some cases clichés may look tidy, mostly they show your readers how lazy you are.

When dealing with legal writing, rather than counting on stock phrases, ponder over what you’d like to say and then say it in a fresh way. Read and re-read your draft. You will most likely be faced with legal clichés. But when it’s time for editing, make sure to get rid of the following worn-out phrases. Instead, replace them with your own unique expression.

An Apple a Day

Take a look at the following example: “The court prosecuted the manager on one more charge since it required the other bite at the apple.” Stop confusing your readers with imaginary apples. As an alternative, consider explaining the reason why you think the opponent shouldn’t be provided with what he or she requires: “The court announced the new charge only for the reason the first bail request was rejected before.”

Your Eminence

Typical example will sound as: “Mr. Jacob’s resume proves that he’s eminently efficient in dealing with the damages of this kind.” Well, then comes a pretty logical question – have you ever heard about a qualified individual, who is educated and skilled but not eminently? Probably not. The same rule works when the matter concerns the expressions like eminently clear or eminently reasonable. Make sure to focus on the facts only: “John Kidman is qualified to testify since he is a PhD in economics and has already testified in more than 30 other cases.”

Bald Faith

Typical example that can be seen here and there: “Bald assertions of the Plaintiff won’t withstand scrutiny.” Probably that’s the phrase that causes strokes among the lawyers. Are there NOT bald assertion? Definitely not. Make sure to better concentrate on what exactly makes any sort of assertions that bald: “Even though Smith is claiming promissory estoppel, she actually cites no solid evidence to suggest that she counted upon the alleged promise of Smith.”

Why is harm of clichés in legal writing so important? A good old Latin maxim comes up immediately – “Ignorantia juris non excusat”. When it comes to its meaning, it sounds as “ignorance of law is not an excuse to a criminal charge”. In other words, if you are not aware of the legal writing clichés and use them chaotically in your own projects, it won’t keep you away from trouble and your writing will most likely be rejected or poorly graded. In order not to open the Pandora’s box with legal writing clichés, make sure to regularly check what word combinations are out of date or undesired when it comes to the writing tasks on legal topics.

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OSCOLA: the Citation Formatting of Law Papers

November 4th, 2015 Comments off

letter writingIf the word OSCOLA frightens you, you’re not alone. But it’s not as black as it’s painted in reality. Make sure to get aware of the short introduction to the OSCOLA referencing method provided below, as well as some useful help that will enable you to get started with the project.

Let’s start with a clear statement of what the OSCOLA referencing is. OSCOLA or the Oxford Standard for the Citation of Legal Authorities is one of the most preferred and popular referencing methods that are used by the representatives of the Bristol Institute of Legal Practice and Bristol Law School.

If you are not law school students and you are in need of using the legal materials, you may have to make use of the UWE Harvard referencing standard. However, before you do so, approach your tutor to get the related recommendations.

Now let us take a quick look at how OSCOLA works. According to the method, you as the author must reference all your sources of information used within the project in bibliography section and footnotes. Now, one step at a time. The footnotes. First of all, when citing the other work on the pages of your project, make certain to insert a little superscript number in order to denote the footnote.  At the same page bottom, directly in the footnote, do not forget to insert the reference. When dealing with the footnote reference, it is required to refer to the specific page this is what they call ‘pinpointing’). It’s good to know that MS Word provides the users with an opportunity to automatically insert those footnotes. Now, proceeding to the bibliography section, include all the references at the end of the project in a full bibliography. But make sure to do that right before the appendices. When working on the bibliography section, remember that it is a list that includes all information sources that you have used in the paper. Exactly in this part of the paper you have to reference the information source not as a specific page, but as a whole.  In general, there should be three parts included into the bibliography section: tables of cases, table of legislation and bibliography (meaning, the bunch of all the other secondary sources, journals, books and newspaper articles and so on). Mind that your instructor may require you to provide the tables of cases and legislation right at the paper beginning and separately.

As for the references, in case with the OSCOLA style references in the bibliography and footnotes should be properly formatted in the OSCOLA style. In other words, the punctuation, italics and brackets must be used correctly, while the required bibliographic material should be correctly presented and ordered. If you’ve got some questions related to the OSCOLA style refer to the free guidelines on how to format your project in this style.

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How to Avoid Plagiarism in Law Papers

November 4th, 2015 Comments off

plagiarism tumblrBy the time you’ve become the law school student, you have definitely heard a lot about what is plagiarism and why it is dangerous for an academic success. Writing a law paper is about the development of new ideas, using the educational background, as well as thinking about the existing laws and applying them in practice, and plagiarized content may seriously destroy your reputation. However, using some simple tips one can easily avoid plagiarism and thus, keep one’s conscience clear.

Taking into consideration the fact that the development of almost all ideas is based on the ones that were generated before, it is highly critical for the author of the law paper to be absolutely clear about the possible background of the idea he’s going to include into the project. Just make certain to do a little research in order to find out what ideas are your own thoughts, and what ideas have been developed by someone else. The latter will require proper reference.

There’s an interesting fact about academic environment. Here, the use of the words of the other person without any attribution is forbidden and besides, it directly threatens the original author’s livelihood. When the question is about the practice of law, it is good to remember the general rule set for all the lawyers. The primary goal of every lawyer is to reach the desired legal result. That is why they do not usually care about the ownership of their ideas in the way students are. What is more, in many situations, a lawyer would like to remain behind the curtain and to never be known as the author of the idea. This means that some of the ideas can be re-stated in your own law paper without the request to provide attribution.

When you are busy with the research for the law paper, make sure to take detailed notes. Applying this simple principle will provide you with an opportunity to never get confused later with your own ideas and the words that you have revealed when conducting your research. This will help you to avoid plagiarized content and thus, keep your reputation clean.

Always check the source that stands behind any piece of information. Any time you find the words that seem to be eloquent and perfectly reflect what you are trying to say, ensure to google them up to make sure you are not going to steal what is not yours.

Anytime you are not sure about how to deal with the material that does not belong to you and how to properly cite it, approach your tutors. They are there to help.

The reason why one should stay away from plagiarism, when writing the law papers, is that it brings the most negative consequences. The thing is that law schools’ professors are highly strict about the students providing plagiarized content. Depending on a particular law school, plagiarism may cause both –minor punishment and serious castigation, like being expelled from the school.

Essay on International Trade Regulations in China

October 20th, 2015 Comments off

china trade lawsOn December 11, 2001, China got the status of the member of WTO. The country gradually liberalized the whole system of foreign trading, as well as proceeded with reducing the range of administrative barriers to the trade. In accordance with the amended Foreign Trade Law of the country, all sorts of enterprises have an opportunity to register for the right to conduct trading. Besides, individual Chinese have also a chance to trade far from the country’s borders in accordance with the Foreign Trade Law.

Licensing and Quota Control

Starting from 2005, all the requirements related to the licensing and quota have been excluded from almost all imports. Just a certain number of some products are being controlled by the import licensing experts. This year, only two types of commodities – electronic and key-used mechanical products and ozone depleting substances, are controlled by the import licensing experts.

The representatives of the MOFCOM, as well as the rest of adjacent State Council departments, hold responsibility for amending, generating and publishing of the electronic and mechanical products catalogue. The imports of these products are not being the subject to prohibition. For purposes of the analysis of import, the country implements import licensing system that works automatically for some of the electronic and mechanical products that will be freely imported.

Trade Labeling and Description Requirements

All goods that are now sold in the country must be labeled only in Chinese language and have detailed description of the specifications of the content, as well as the production date, the principles of application and the date of expiration. Besides, there should be provided explanatory warnings regarding the use of the products. The country has adopted a special labeling system that must help its experts to deal with the management of the GM agricultural bioproducts. Each of them must be labeled accurately in case they are to be sold within the market of China.

Customs and Quarantine System

The country has adopted and implemented the ‘quar?ntine inspect?on before customs declaration’ practice within the area of customs clearance. A special inspection seal was stamped to the Export G?ods Clearance Slips and G?od Clearance Slips. The latter are ?ssued to the products that are the subject to the entry-ex?t quarantine and inspection. The Customs are required to examine as well as release all the products against the Exp?rt Goods Clearance Slip or the Import Goods Clearance Slip that have been issued by the quarantine author?ties and entry-ex?t inspection experts.

The country also uses a special system of the so-called pre-shipment inspection for the wastes that have been imported as the raw materials. According to the rules, all wastes should properly measure up to the standards of the country’s environment protection. Besides, they must be inspected by the organization that is recognized and trusted by the Quality Supervision Administration right before the shipment.

In general, the country has a complex system of governing the local standards of food and products inspection. However, the management is required to ensure the best quality and safety of goods.

Issue – Rule – Application: a Formula for a Perfect Law Essay

September 24th, 2015 Comments off

law essay formulaAfter looking through the first several lines of your law essay, the majority of college and university tutors will certainly have a kind of déjà-vu called ‘seen it, read it, been there.’ If they start thinking about the potential mark for the project, it becomes terribly difficult to come up with one since you’ve actually said nothing new. The idea of the law essay is the same and it’s almost identical to the bunch of the ones provided by your class mates. Make sure to use the following hot tips on how to generate a perfect law essay and have your tutor reading it with his mouth hanging open!

First, ensure to provide context.

Although you may be eager to start outlining your crucial points directly in the very first sentence of the project, just stop for a moment and open your law essay with 1-3 sentences that include some background information that, in its turn, provides solid context for the argument that you present next. For instance: ‘In 2006, the A Act was introduced to the remedy difficulties of B. Nonetheless, from the very beginning it’s been highly criticized by C.’

Second, relate your background information to the question.

Of course, it’s a good idea to provide your reader with some good background material in the introductive section. However, it costs nothing if it is not referred to the law essay question. That is why you, as the author of it, must clearly link the information to the question in the introduction part though using all the key terms in the process. For instance, in case the question is the following: ‘What are the most important consequences of the A amendments?’ In your essay, you could turn to the question this way: ‘The project will address the most recent amendments to the A Act, as well as examine their consequences in regard to B.’

Third, being specific is a must.

Just keep precise in what is related to where your law essay will go. What kind of de-jure mechanisms and reforms are you going to concentrate on? What points will you most likely avoid? Why? Are you going to refer to some comparative theories or jurisdictions? Use as the pattern: ‘The project will include the studying of the civil litigation rules and their general efficiency in regard to the Summary Judgments. The latter have been selected as the main inquiry area for the reason that they represent the mechanism that judges always avail of in order to filter out this or that case that is not supposed to go to trial. The paper will be based on the US experience to imply that the higher threshold test should be applied to the current standards of the NSW.’

Fourth, build up a simple outline of the law essay structure.

This easy technique will help your readers to get the idea of the paper as well as make it comfortable to switch from one aspect to the other. The essay roadmap may look like this: ‘In section 1, the project will include the line of basic recommendations of the N Report. As for the section 2, it will outline the implementation of the recommendations from the section 1 in the existing Amendment Act. Section 3 will examine the critique of the amending instrument efficiency, while the following section 4 will be provided for the outline of the reform possibilities.’

This is the end.

For some unfathomable reason students are afraid to draw their own conclusions directly in the introductive section of the law essay. But there is no doubt about the fact that these actions are seen by the tutors as professional: ‘The eventual conclusion of the project will make it clear that the threshold test directed at obtaining the judgment by default is both – unjust and unsuitable.’

Common Law Essay Topics

August 14th, 2015 Comments off

law schoolIt can be a pretty tiresome job coming up with a fresh topic for the law essay. Typically, a lot of research is integrated into writing an idea and the number one rule is to keep it as specific as you can. In case you are in need of help with finding the right topic for your law essay, consider the ones that are described in the article below.

Legalization of Abortions

Abortion, as well as its legalization, is the topic that is always disputed about. Abortion is a really hard decision for every female, but the ladies have been making it for centuries already. Make sure to dedicate your essay to the very old topic, but highlight from an exclusively new angle.

Same-Sex Marriages

The other hot topic that people are still arguing about all over the globe, in all possible walks of life – the relationship between gay individuals. What is your viewpoint on a particular issue? Give your reasons why (or why not?) the same-sex relationships should be legalized.

Legal Drinking Age

Seems like it’s been much said about this particular problem, but you will definitely have something to add. Nowadays, the rates of drunk driving will more than likely not increase, in case the legal drinking age is not lowered. The point is that lowering the drinking age may cause the increase of the drunk driving amount, as well as add to the rate of car accidents. Share your views on the issues.

Prostitution Legalization

Why should or shouldn’t prostitution be legal? What is your personal opinion on the world’s most ancient profession? While some people state that the most ancient job should be protected by the law, the others argue with it. Without a doubt, trading sex for money has been in our everyday lives for a long period of time and has been widely practiced by Romans, Greeks and China civilizations. But the question is – are we supposed to live with it or, probably, it’s time to put an end to the business?

Euthanasia: to Do or Not to Do?

The “good death” is one of the matters that people are arguing about all over the world. In the modern societies euthanasia is considered the process of taking away the life of a human being, who’s suffering from a disease that cannot be cured. The process is usually painless and that is why a lot of people give their preference to it in order to help the ones they love to stop suffering from unbearable pain. At the same time, a great number of countries on the globe are against the “good death” and any type of it. Make sure to discuss the legalization of euthanasia in your country, and why it should or shouldn’t be protected by the state law.  In case you have real life examples of the situation, when your family member or a friend decided to turn to the option of euthanasia due to the painful illness, include it into your project.

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Corruption Essay Sample: Corruption – One of the Wicked Sins

June 30th, 2015 Comments off

There’s no doubt that nowadays corruption is one of the most undesirable sins that is here and there like a silent monster waiting for mere mortals. This is what the majority of people consider to be God of modern society. It is not an exaggeration to say that corruption has not only led to the poor law, but also caused such unpleasant things like poverty and general society disability. In other words, all the values related to morality have been destroyed by this evil power. But what is even worse – corruption is still growing every single day in huge proportions and there is no sphere in politics, economics or society that is free from it. It seems like it is an integral part of an everyday life and simply inseparable…

Under every stone we pick up, behind every closed door – corruption can be seen everywhere. Thus, it is a shame that we accept and for some unknown reason deny thinking that it’s a part of our selves already.

It’s not a secret that human beings’ souls are full of various temptations. That’s our nature, after all. And in fact, cash and shiny gold is a sort of a bait for all those officials and politicians, who can’t imagine their everyday lives without bribes any way. They are simply in need of something in order to get rid of that itching on the hands. However, the stink lies in the very hypocrisy that usually accompanies it.

There’s nothing more disheartening than when an absolutely corrupted individual is talking about high moral standards after taking a huge bribe and is trying to make people live in accordance with the ideologies and principles of Jesus Christ, and always remain honest. However, all the politicians, ministers and officials do exactly the same. They have a solid belief that it’s how our life is arranged and their routine is simply impossible without the incurable disease called ‘corruption’.

It’s so sad that just like some evil character from the book, corruption is getting into every aspect of our life. There are more and more greed addicts that exert every effort in order to push humanity into a decadence era. Every member of our society nowadays – be it a judiciary individual or a government representative – all are longing for personal profits.

Only energetic youth can be that huge power that can actually destroy the corruption. It has enough will and strength to attach with full force the government that is feeding this ‘tumor’. Without a doubt, it is the right time to bring the positive reforms out, so that every society member not only dream but also does his best in order to develop the world that is not only a good place to live but also absolutely free from corruption.