(3)
For a court that 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 by a
court on a question of law and an account of a judgment on a question of law
in a legal text.
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, which is called the model for using law.
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This model is really a combination of two similar models that will be explained,
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 or proving 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:
(1)
The model for litigation structures a lot of the tasks in litigation and thus
the writing of accounts of litigation. There are two obvious uses in this regard.
One is writing a manual for litigation. The other is writing a judgment that
decides a question of fact.
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Christopher Enright Legal Method Chapters 17-19
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Christopher Enright Legal Method Chapters 3, 20-26
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Christopher Enright Legal Method Chapter 20 Model for Applying Law
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Christopher Enright Legal Method Chapters 21-25
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Christopher Enright Legal Method Chapter 3 Organising Law
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