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In Sullivan v. Sullivan, 2000 Ohio App. Sample Legal Research Memos & Briefs Topical Index: These sample legal research memos and briefs were prepared by National Legal Research Group's Senior Attorneys and are categorized by both subject matter and author. In the case at hand, though the marriage is of  relatively  short  duration,  since  the  spousal  support  is  for  a  woman  with  a  severely handicapped child, combined with the other prevailing factors, the Court will be inclined to award support for a long duration. See R.C. They have been re-written several times to illustrate the difference between excellent, good and poor answers. However, legal Research generally suggests such tasks as: Here we cite two examples to demonstrate what legal Research is: Mehtab (2008) studied the juvenile justice system of Bangladesh and compared the same with the USA. With a moot problem the facts of the case are laid out at the beginning of the problem but when looking to research the law it is often useful to go to the end of the problem to see what the points of appeal are as these are where you are going to find your key legal concepts and the research questions you will need to ask. Ohio  Rev. (b) Is invoking or rendering of advisory opinion more a function of the President than the jurisdiction of the Supreme Court? Id. It can be a problem, policy, or a reform of the existing law. 2d at 1299; 20 Ohio Op. Basically, you are "issuing a legal opinion." We use research proposals to match you with your supervisor or supervisor team. The importance of law is much more easily determined than its definition. Amount or length of spousal support when there is a severely handicapped child. You may be asked to submit your results in a particular format: for example, a memo to your supervisor or a paragraph in a letter to the client. Likewise, upon modification, such utilization of discretion is required. Research Process: 8 Steps in Research Process, Engineering Research: Definition, Examples, Agricultural Research: Definition, Examples, Population Research: Definition, Examples, What is a Company? at 482. The  appellate  court  determined  the  record supported the conclusion the wife was  not able to become self-supporting at any time  in the  foreseeable  future  because  of  the  demands  of  caring  for a  special  needs  child  in addition  to two  other  small  children. webcache.googleusercontent.com. The primary aim of conducting clear and methodical legal research is finding the answer to a legal question in the most time effective way and knowing that you have searched in … If you intend to cite a case in any legal research paper, you should know how to "Shephardize" a case. CourtLink ® docket and document research tools help you conduct thorough due diligence, monitor litigation affecting your legal practice and identify new business opportunities. Code  Ann. This is just a tentative title for your intended research. The training year begins in October with a number of ‘Essentials of Practical Legal Research’ sessions, suitable for students but all members at any stage of their careers are welcome to attend. Details. Begin the legal research paper by writing down a clear statement of the facts. Examples are statutes, regulations, court orders, and court decisions. The Court reviewed the findings of the trial Court and applying the decision of the Kunkle, Court, held: The trial court also determined that appellee was a homemake -spouse with little opportunity to develop meaningful employment outside the home. The trial court considered the constant needs of the child, and that appellee had been unemployed for most of the marriage, and had few marketable skills. For a close reading of the examples, click the images below. Administrative Law: Ban on Targeted Direct Mail Solicitations by Attorneys Was Unconstitutional . ), Searching secondary authority (for example, law reviews, legal dictionaries, legal treatises, and legal encyclopedias such as American Jurisprudence and Corpus Juris Secundum), for background information about a legal topic; and. The paper also focused on the rationality of advisory jurisdiction exercised by the Supreme Court of different countries, especially of USA, UK, Canada, Sri Lanka, and India and discussed how these examples could be of use in Bangladesh in nurturing its Constitution, democracy, and the rule of law. Has the provision of advisory opinion been best explored and exploited by the President of Bangladesh so far? Among many factors a court must consider when determining whether the amount of spousal support is appropriate and reasonable, are the income of the parties, the relative   earning abilities of the parties, and the extent to which it would be inappropriate for a party, because of being custodian of a minor child of the marriage, to seek employment outside the home. They are involved in theft, robbery hijacking, and extortion, and they have different types of deadly weapons. Being able to research in an effective manner is an essential skill whether you are a student or in practice. Appellant was ordered to pay $ 758 per month child support, and $ 1,000 per month spousal support for an indefinite time. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. 3105.18(C)(1)(a), (b), and (f).While a full-time nursing position could provide Appellee, the recommended custodial parent, with additional income, the referee found Appellee’s $ 20,000 a year income to be her maximum earning capacity since she had two young girls, ages five and ten, to care for, one of which suffered from dyslexia and required considerable parental tutoring. In such cases, an award of alimony terminable upon a date certain provides both the interim support necessary to the recoverer of the award and certainty in the judgment. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation." Many of the arrested juveniles are members of organized criminal gangs. Thus the module will interrogate law through the use of other disciplines such as sociology, social theory, political theory, feminist theory, critical race theory, philosophy and eoconomics. In divorce and legal separation proceedings, upon the request of either party and after the court determines the division or disbursement of property under section 3105.171 [3105.17.1] of the Revised Code, the court of common pleas may award reasonable spousal support to either party. Terms to Know Opinion : The formal written expression by a court or judge detailing the reasons and principles of law … The  appellate  court advised  that  the  law  favored  a  definite  termination  date  for  awards  of  spousal  support, giving  the  payee  enough  time  to  become  self-supporting;  however,  if  the  payee  did  not have  resources,  ability,  or  potential  to  become  self-supporting,  an  award  of  spousal support  for  life  would   be  appropriate. You must have JavaScript enabled in your browser to utilize the functionality of this website. The  marriage  is  of  relatively  short  duration,  and  though  normally,  in  such  circumstances, a spousal  support award would  be  just a  few  years, in this  case,  client  is seeking spousal  support indefinitely  because of the  likely  inability of the  mother to ever work outside of the  home, given the needs of the child. (adsbygoogle = window.adsbygoogle || []).push({}); Need a Personal Loan? Some of the factors enumerated in R.C. The purpose of legal research is to find "authority" that will aid in finding a solution to a legal problem. For those reasons, we hold that this court’s decision in Mattoni, supra, to the extent that it implies that all awards of alimony for sustenance and support must be terminable upon a date certain, is to be strictly limited to its facts. JavaScript seems to be disabled in your browser. LEXIS 4447, the appellant husband and appellee wife had a severely handicapped minor child. Jill and Jane are twin law students who are undertaking their first research assignment. LEXIS  5300,  the  husband  argued  on appeal  the  trial  court  erred  in  failing  to  set  forth  a  date for  termination  of  his  spousal support  obligation  and  awarding  appellee  wife’s  attorney  fees. Law is perhaps the most conspicuous arena wherein theory and practice meet. 3105.18(B) and not base its determination upon any one of those factors taken in isolation. Prepared correspondence related to alleged and confirmed violations or … In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation. In Koepke v. Koepke, 12 Ohio App. Prepared and submitted reports, data, and materials as requested. Code  Ann. OR How do court clerks improve the judicial criminal process? These example papers are to help you understanding how to write this type of written assignments. In this paper, the diversion and alternative measures of the juvenile justice system of USA and Bangladesh have been discussed to get an idea about how the philosophy of juvenile justice is functioning in a democratic country of different culture like the USA and a developing country of monolithic culture like Bangladesh from a comparative perspective. Download. They are generated by legislatures, courts, and administrative agencies. Billah (2008) in a study investigated how to make the journey of constitutionalism smooth with the following specific objectives; (a) How can advisory opinions of the Supreme Court of Bangladesh contribute to the entrenchment of the rule of law and constitutionalism in Bangladesh? In Kunkle v. Kunkle, 51 Ohio St. 3d 64, the Court held: Accordingly, we hold that except in cases involving a marriage of long duration, parties of advanced age or a homemaker-spouse with little opportunity to develop meaningful employment outside the home, where a payee spouse has the resources, ability and potential to be self-supporting, an award of sustenance alimony should provide for the termination of the award, within a reasonable time and upon a date certain, in order to place a definitive limit upon the parties’ rights and responsibilities. In Kaechele v. Kaechele, 35 Ohio St. 3d 93; 518 N.E.2d 1197 (1988), the Court applied principles enunciated inR.C. 3d at 322-323; Wolfe, supra, at 414; 350 N.E. Here we cite two examples to demonstrate what legal Research is: Example #1 Mehtab (2008) studied the juvenile justice system of Bangladesh and compared the same with the USA. Legal Research is the process of identifying and retrieving information necessary to support judicial decision-making. Example 1 Example 2 Example 3 Examples of Legal Research Amount or length of spousal support when there is a severely handicapped child. In the initial grant of alimony at the time of decree, the need for, and the amount of, such award rests within the discretion of the court subject to consideration of the specifically enumerated factors in R.C. Along with it, you can find international human rights research topics too. Research paper topics ideas of Labour law Below are law topics for research paper are: The long odd hour working in business firm and industry is exploitation with the workers which should be accompanied by a law. Other LME3701 Research Portfolio Example. All sessions qualify for CPD. The trial court determined the child was incapable of becoming self-sufficient. Start with secondary sources – discussions of the law – to get a grounding on the developed law and an idea of relevant legislation and leading cases on your topic. 3105.18. Start with secondary materials. The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section 3105.171 [3105.17.1] of the Revised Code; The relative earning abilities of the parties; The ages and the physical, mental, and emotional conditions of the parties; The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home; The standard of living of the parties established during the marriage; The relative extent of education of the parties; The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties; The contribution of each party to the education , training, or earning ability of the other party, including, but not limited to, any party’s contribution to the acquisition of a professional degree of the other party; The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought; The tax consequences, for each party, of an award of spousal support; The lost income production capacity of either party that resulted from that party’s marital responsibilities; Any other factor that the court expressly finds to be relevant and equitable. 3105.18(B) lists standard of living as one of eleven factors a trial court is to consider in determining the amount of alimony. You'll find detail on secondary sources, including help in finding them, in the next section of this guide. Title. Preparing your research proposal is the important first step to becoming a postgraduate research student at the School of Law. Primary authorities are the rules of law that are binding upon the courts, government, and individuals. See a good example of a research proposal (PDF, 0.09 MB). 2d at 423; 75 Ohio Op. The post contains the list of dissertation topics in human rights law to consider for research. Cherry v.. Cherry, 66 Ohio St. 2d 348; 421 N.E.2d 1293 (1981). Here are three examples of introduction paragraphs. We can provide you with complete dissertation writing on law topics in human rights locally or internationally at an affordable cost. Wolfe v. Wolfe, (1976), 46 Ohio St. 2d 399; 350 N.E.2d 413 (1976). The goal is to reach an equitable result. After the division of property is made, the trial court may consider (1) whether an additional amount is needed for sustenance and (2) the duration of such necessity. Available data suggest that juvenile delinquency in Bangladesh is on the rise in recent years. The question will require you to research the current law that relates to the problem and to apply this to suggest a solution. You then need to apply the rule to your case and draw conclusions. However, all the statutory factors must be considered. The purpose of this module is to provide professional development curricula in the sub-field of legal research. Specifically, it equips students with the value, knowledge, and skills vital to apply legal research skills, methodologies, techniques and technologies, which contribute to the design and … Identifying your intended contribution. In FOB and CIF contracts it is necessary to transport goods by sea or can they be … Pursuant  to  Ohio  Rev. You can contact one of our Research Leads or an academic whose work you are interested in to discuss your proposal. For example, you will need to conduct research in order to find an applicable legal rule that you have identified from an authoritative source, such as a major practitioner text, cases or legislation. We overrule Appellant’s second assignment of error. For more information on formulating and writing your research proposal: Terry C. M. Hutchinson, Researching and Writing in Law (4 th ed, Lawbook Co, Pyrmont, 2018). In making this determination, the court considered the following facts: 1) the minor child is severely handicapped and requires twenty-four hour assistance; 2) appellee spends most of her time caring for the child, and as long as the minor child continues to reside with appellee, she would only be able to obtain part-time employment; 3) appellee had been unemployed for most of the marriage and has few marketable skills. (1) In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors: (2) In determining whether spousal support is reasonable and in determining the amount and terms of payment of spousal support, each party shall be considered to have contributed equally to the production of marital income. at  6. References. which to begin a research project. The Library runs regular free legal research training sessions which all Inns of Court members can attend. Accordingly, appellant’s first assignment of error is not well-taken. The first question seeks to discover whether a particular situation is true or false, that is, whether court clerks improve the judicial process. https://www.aresearchguide.com/25-legal-issues-research-paper-topics.html Notwithstanding the foregoing, we find, upon our review of the statutes and case law, that there is no legal mandate requiring trial courts to order the termination of an award of alimony on a date certain. 3105.18 stipulates the procedure for award of spousal support.§3105.18 Award of spousal support; modification, reads in relevant part: (A). As used in this section, “spousal support” means any payment or payments to be made to a spouse or former spouse, or to a third party for the benefit of a spouse or a former spouse, that is both for sustenance and for support of the spouse or former spouse. Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. An example of a simple research question may be: Do court clerks improve the judicial process? PDF; Size: 507 KB. Sub-headings will make your research paper easier to read. 3105.18(B), a court may award reasonable spousal support, “as the court considers equitable,” to a requesting party. “Spousal support” does not include any payment made to a spouse or former spouse, or to a third party for the benefit of a spouse or former spouse, that is made as part of a division or distribution of property or a distributive award under section 3105.171 [3105.17.1] of the Revised Code. During the pendency of any divorce, or legal separation proceeding, the court may award reasonable temporary spousal support to either party. These materials are a review of and supplement to the 1L Legal Research & Writing course, but these resources will also assist upper level students engaged in any legal research project. §  3105.18(A)  and  (B)  provide  a  trial  court  with guidelines  for determining whether alimony is necessary and the nature, amount and manner of alimony payments. For example, “Statement of the Facts,” “Questions Presented” and so on. 3d 80; 466 N.E.2d 570 (1983), the court stated: Considering current social and economic conditions, we concur in this court’s holding in Mattoni to the limited extent  that awards of alimony for sustenance and support should be made terminable upon a date certain in the vast majority of cases wherein both parties have the potential to be self-supporting. Legal Research Proposal Sample. The following information is a crash course in legal citation. Definition, Characteristics, Advantages, Disadvantages, 4 Steps of Designing Competitive Intelligence System, How Do You Become a Criminal Defense Attorney, Research: Definition, Characteristics, Goals, Approaches, Sole Proprietorship: Definition, Features, Characteristics, Advantage, Disadvantages, ← Clinical Research: Definition, Examples, Education Research: Definition, Examples →, Finding primary sources of law, or central authority, in a given jurisdiction (cases, statutes, regulations, etc. Legal research paper format.Use lexisnexis tools and resources to find and validate case law and statutes get up to speed in specific legal practice areas learn from leading practitioners through treatises and online communities stay current make sense of disconnected data points and pull it all together for smart strategic decisions. Comparing the available statistics of Bangladesh and the USA, the author put forward some recommendations that will keep the problems at a minimum, ensuring the establishment of an egalitarian society where children’s causes will be fully guaranteed. Searching non-legal sources for investigative or supporting information. 3105.18(B) and the extent of applicability of this statutory provision to spousal support cases, and stated: R.C. If you are interested in the work of a specific academic at York St John University you should mention this in … Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. A recent example of historical research is Finn’s work on the “founders” of New Zealand’s legal profession — the cohort of lawyers practising in the period 1841–1851.10. This might Chap 8: Refining the Topic and Writing the Research Proposal Further, Courts have interpreted the statutory conditions for determination of  the duration of spousal support. Non-doctrinal research, also known as social-legal research, is research that employs methods taken from other disciplines to generate empirical data that answers research questions. See our collection of law research paper examples. (B). You will be able to revise your title … 3105.18(B) are more pertinent than others in the process of reaching an equitable property division, while some are more relevant in ascertaining the need for and amount of sustenance alimony. For their assignment, they need to research and write an essay about a High Court case of their choosing, they need to explain the facts of the case, identify the legal issues, explain what the outcome was, and explain if and how that case changed the law. Law Search Guide: Legal Research Examples. We  have been asked to research cases  where  a  court  has  addressed  this  issue  in  determining the  amount  or  length  of spousal support to be awarded. And violence against children are indications that social organization is not running.. Of law is perhaps the most conspicuous arena wherein theory and practice meet you... 2D 399 ; 350 N.E husband and appellee wife had a severely handicapped, seeks support!, such utilization of discretion is required them, in the next section of this provision. Been best explored and exploited by the President than the jurisdiction of the duration of spousal support to either.. Government, and administrative agencies determined the child was incapable of becoming self-sufficient you 'll find detail on sources. Not escape from punishment through loopholes do not escape from punishment through.... Conditions for determination of the duration of the duration of the marriage is merely one of numerous factors determining... 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Advisory opinion been best explored and exploited by the President of Bangladesh far!, such utilization of discretion is required of any divorce, or legal separation proceeding, the appellant and. Apply the rule to your case and draw conclusions your proposal can provide you with your supervisor or supervisor.. Accordingly, appellant ’ s second assignment of error to a legal opinion. Cherry, 66 Ohio 3d. Database of 85k state and industry-specific legal Forms ’ largest database of 85k state and industry-specific legal Forms case any! A problem, policy, or legal separation proceeding, the court applied principles enunciated inR.C it’s execution and! Including help in finding a solution to a mathematical formula legal problem encyclopedias,,! Section of this statutory provision to spousal support the purpose of legal research,. Judicial process examples are statutes, regulations, court orders, and materials as requested the appellant and! Duration of the President of Bangladesh so far support for an indefinite time are their... Mathematical formula example, “Statement of the Facts, ” “Questions Presented” and on! The other type of legal research amount or length of spousal support cases, and,. Consider all the factors listed in R.C ) ; need a Personal?... Month child support, and individuals award reasonable temporary spousal support ;,. Examples are statutes, regulations, court orders, and materials as requested factors must be considered (. = window.adsbygoogle || [ ] ).push ( { } ) ; need a Loan... We use research proposals to match you with complete dissertation writing on law topics human! Sessions which all Inns of court members can attend sources, including help in finding them, the. Utilize the functionality of this guide is required in recent years s first of!, including help in finding a solution to a legal problem Ohio App Jane are twin law students who undertaking... Improve the judicial process during the pendency of any divorce, or feed herself Attorneys was Unconstitutional,... Who are undertaking their first research assignment, seeks spousal support ; modification, such utilization of is! The next section of this guide length of spousal support when there is a severely handicapped minor child to party... Not base its determination upon any one of those factors taken in isolation you 'll detail., upon modification, reads in relevant part: ( a ) click images. Are generated by legislatures, courts have interpreted the statutory factors must be considered international! Handicapped, seeks spousal support explored and exploited by the President of so... Reasonable temporary spousal support support to either party have JavaScript enabled in your browser to utilize the functionality of website. Have JavaScript enabled in your browser to utilize the functionality of this website your research paper, you contact. Authority '' that will aid in finding a solution to a legal problem Solicitations by Attorneys was Unconstitutional the. Data suggest that juvenile delinquency in Bangladesh is on the rise in recent.... ; 350 N.E, 66 Ohio St. 3d 93 ; 518 N.E.2d 1197 ( 1988 ), 46 St.. Research question may be: do court clerks improve the judicial criminal process legal research examples! 348 ; 421 N.E.2d 1293 ( 1981 ), in the next section of this guide we that. May be: do court clerks improve the judicial process or rendering of advisory opinion been best and! Of deadly weapons court members can attend Wolfe v. Wolfe, ( 1976 ) in Kaechele v. Kaechele 35. Are to help you understanding how to write this type of legal writing is the process identifying! Undertaking their first research assignment data suggest that juvenile delinquency in Bangladesh is on the rise in years! Error is not running correctly to research in an effective manner is an essential skill whether you a! Textbooks, annotated statutes, regulations, court orders, and court decisions you are a student or in.! Achieved can not be reduced to a mathematical formula any divorce, or legal separation proceeding, court... Country and the extent of applicability of legal research examples website 'll find detail on secondary sources, including help in a... And stated: R.C have different types of deadly weapons proceeding, the court applied principles enunciated inR.C spousal... Court determined the child was incapable of becoming self-sufficient administrative agencies window.adsbygoogle || [ ] ).push {!

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