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السلام عليكم ورحمة الله وبركاته:
اتمنى من كل احد عنده خبره ان يساعدني والله اني محتاجه مساعدتكم
انا عندي مقال الاستاذه طلبت منا نترجمه من العربي الى الانجليزي والاخت nour al3marجزاها الله الف خير ترجمتي البراقراف الاول فاتمنى منكم مساعدتي في البراقرافين الباقيه لانه ماعندي خبره لدرجة اني اترجم مقال وهذا الرابطhttp://diabuzaid.kau.edu.sa/Pages-%D...%A7%D9%84.aspx
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Legal Analysis and Legal Research*
The key to success in researching legal issues is realizing that research is a process. You cannot memorize a million cases, and you are not looking for a needle in a haystack. But you can master the overall process of research. Once you have mastered that process, you can complete almost any research assignment with confidence. The first step in any research process is ensuring that you understand the issue you have been asked to research. In law, understanding the question can be as difficult as answering it. Ask the assigning attorney (or your professor) questions if you need help focusing on the relevant issue. When you are clear on the question, use your common sense to develop a research strategy. In researching a non-legal issue, you are likely to look on “Google” or your favorite search engine to get started. That can be a good first step in legal research, too. Searching the Internet could lead to a law firm’s Web site that explains the key statute and leading cases on your legal issue. An Internet search could also lead to a government agency’s Web site. You might skim an article on Wikipedia just to get some background information or links to other sites with more specific material. Wikipedia is a general encyclopedia; legal encyclopedias exist as well. A legal encyclopedia is an example of a “secondary source.” Secondary sources explain the law and contain references to cases and statutes. Another example of a secondary source is a law review article. But secondary sources are not “law,” so you cannot end your legal research with an encyclopedia or article. As a lawyer, you need to base your analysis on the law: judicial opinions, statutes and constitutions, and administrative law. These are called “primary sources.” Some primary sources are “mandatory authority,” meaning courts in your jurisdiction must follow them. An example is a decision of your state’s highest court. Other primary sources are “persuasive authority,” meaning courts in your jurisdiction may choose to follow them. An example of persuasive authority is a decision of a court in another state.
Using your common sense again, you will realize that you want to use current law, not outdated or repealed law. Thus, your research plan must include updating the authority you locate. Updating means determining whether the cases, statutes, or administrative regulations you expect to rely on in your analysis have been accepted, modified, or rejected by more recent law…One of the skills you must develop is planning a research strategy that is appropriate to the assignment. You should be flexible as you begin to use your strategy and be willing to make changes as you learn more about the issue, the applicable law, and the research sources available. The first few sources you check may not reveal any helpful authorities. An initial dead end does not make you a failure. It simply means you need to modify your research strategy, refine your search, and continue your work. So far, much of the research process has probably seemed familiar or at least expected. But legal research will be unlike any research you have previously done because legal research requires you to use legal analysis. This analysis will tell you which issues to research and how to use the sources you find to solve the client’s problem. Without understanding legal analysis, you may be able to perform the mechanical functions of research, but you will not be able to understand the results of the research. As your legal analysis improves, so too will your ability to focus on the key issues present in a fact pattern, find legal sources that address those issues, and decide which sources will determine the outcome.
Another unique aspect of legal research is that often there will be no clear answer to the question you are researching. Instead, you will find pieces to a puzzle, and you will have to use legal analysis to fit the pieces together. Sometimes the completed puzzle will recommend to a senior attorney a way to solve a client’s problem. Other times the completed puzzle will present a novel argument to the court deciding your client’s claim. Be patient as you complete the puzzle. You must be able to explain all its relevant parts and support your conclusion. Your supervising attorney or the judge deciding your client’s claim probably will not duplicate your research but will rely on your thoroughness. If you cannot explain each step of your analysis and your conclusion, you have not done adequate research or adequate analysis…The lesson for law school is that the end is not nearly as important as the means—your conclusion will gain you far fewer points than your analysis supporting that conclusion. In practice, your supervising attorney will trust you to explain your analysis and your conclusions. Whether that attorney agrees with your conclusion is often less important than whether he understands the analysis that led you to that conclusion. In arguing before a judge, omitting a relevant case could violate rules governing lawyers’ conduct. Begin learning in law school how to earn and enjoy the trust of other attorneys, judges, and your future clients by including all relevant authority and explaining your analysis fully. To be thorough, you must not stop researching just because you find a few cases or statutes that seem to address your issue. To ensure that you find all the available pieces to the legal puzzle you are solving, you must complete each step of your research plan. Your research is nearing an end only when you have checked each type of primary authority, you have reviewed several secondary sources, you have updated all the authority you rely on for your analysis, and you have begun to see the same authorities appear in all of these places… researching new legal issues should help you see that one of the exciting aspects of practicing law is being

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ياليت الي يقدر يترجمه حتى لو بمقابل مادي لاني محتاجه الترجمه او تدلوني على مكتبه او اي احد ترجمته مضمونه

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