(2)
For a court, the final legislative decision is the making of a common law rule.
This becomes a precedent to be followed by future courts.
(3)
For a court which is interpreting law the final decision is interpreting the
ambiguous provision by deciding that one of the meanings is the correct legal meaning.
This decision becomes a precedent to be followed by future courts.
Applications of the Model
The model for forming law can be used for a number of writing tasks. It can structure any
account of the policy behind a statute. It can structure any account of interpretation such
as an opinion by a lawyer, a judgment on a question of law and an account of a judgment
on a question of law in a legal text.
4.4 Model for Using Law
Introduction
Law is made to be used. When law is used it applies to facts to give legal consequences
to the parties involved.
Model for Using Law
Using law is explained by a model that is called the model for using law.
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This model is
really a combination of two similar models, the model for litigation and the model for
transactions.
Other Models
The models for litigation and transactions incorporate other specific models to use when
working with law.
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First, there is a model for applying law to facts, which is constituted
by the first and second columns (law and facts).
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Second, there is a model for
establishing facts, which is constituted by the second column (facts) and the third column
(evidence or processes).
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Finally, the first column constitutes the model for organising
law(which has been explained above).
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Uses of the Models
These models can be used for several purposes:
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Christopher Enright (2008) Legal Method
Chapters 18-20
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Christopher Enright (2008) Legal Method
Chapters 3, 20-24
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Christopher Enright (2008) Legal Method
Chapter 20 Model for Applying Law
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Christopher Enright (2008) Legal Method
Chapters 21-24
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Christopher Enright (2008) Legal Method
Chapter 3 Organising Law
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