Chapter 17
Model for Using Law
Introduction
Foundation
Model
Rationale
Components
Tasks in Using Law
Introduction
Using Law
Lawyers use law to advise and to act for their clients in litigation and
transactions. Lawyers and law students have an intuitive understanding of the
basic processes in using law. However, these processes tend not to be
formally articulated, so that understanding of the process is known implicitly
rather than explicitly. It is possible, even likely, that this has a negative effect
on the learning processes of law students and the efficacy of legal practice.
This chapter lays down a model for explaining how to use law in litigation and
transactions. It sets out the basic method for litigation and transactions in a
way that reveals the nature of the major processes involved.
522
Basic Propositions
To understand what using law entails, it is necessary be familiar with some
basic truths. First, law is made for only one purpose -
to change the world.
This happens because legal rules apply to facts to give those facts legal
consequences for the parties involved. Hence, to use law, lawyers apply it to
facts to bring about legal consequences.
Second, a person's legal position is determined by the legal rules that apply to
them at any time. These laws have consequences, and these consequences
define the person's
legal position as is illustrated by the model for using law
(which is explained below).
Third, logically every law in existence either does or does not apply to a
person, but in practice a lawyer usually considers only a few laws at most
522
The derivation of this model in terms of legal reasoning is explained in
Christopher Enright Legal Reasoning Chapter 31 Model for Using Law
 |
 |
 |