Notes on Law

Legal Process -           not a linear process -           the steps to be undertaken may vary depending on the information at the outset of the process, on information that is discovered during the research process and on the scope of the project Research strategy -           both an art and skill -           may include false starts, dead ends, and revisions -           no single right path -           materials needed: description of the problem, legal dictionary, research resources, notebook Why analyze? -           To be able to apply the precedents correctly -           To be able to resolve a case correct...

Legal Research Process - judgment, flexibility, creativity Goal: find the primary sources as efficiently as possible Facts- most important part of research; given set of premises; guide for what needs to be applied; proof to present 5 basic matters:       Establish the facts        Derive issues         Identify laws and jurisprudence applicable        Analysis of laws/jurisprudence        Output Subject matter of the case:         Imperative to determine what law to consider         Help identify cause of action or ground of defense         Determine personalities involved (directly or indirectly); if there are special laws that govern it    Where the act happened (jurisdictional purposes); jurisdictional amount can determine where to file      charges ...

     Why must mandatory authority be followed? Mandatory authority must be followed because it is binding on the court. The lower courts have to follow the decisions from the higher courts in the same jurisdiction. This is also in accordance with the doctrine of stare decisis. Under Article 8 of the Civil Code, court decisions in interpreting and applying the laws and the Constitution shall form part of the legal system of the Philippines.   How can a problem be resolved if there are no primary/mandatory authorities? If there are no mandatory/primary authority, a problem can be resolved by looking into the persuasive authority. ·          Case laws from one jurisdiction may be a persuasive authority in the courts of another jurisdiction. ·          Precedent-a judicial decision that creates a rule that other courts must follow when deciding later cases that are similar or ide...