Therefore, taking into account the foregoing premises and the mutual commitments and agreements contained herein, the parties agree to be legally bound as follows. The structure (flowchart, layout and relationship between the different parts and elements) of a legal text depends on its function. In general, the main function of a legal text is the formulation, preservation, clarification and implementation of the rules according to which relations between members of society must be regulated. 1) n. a written legal argument, usually in a format prescribed by the courts, in which the legal basis for the claim is set out on the basis of laws, regulations, precedents, legal texts and arguments for the facts in the particular situation. A brief is filed to present arguments for various motions and motions before the courts (sometimes referred to as “points and authorities”), to counter the arguments of opposing counsel, and to provide the judge(s) with reasons to rule in favour of the party represented by the author of the letter. Occasionally, for minor or subsequent legal matters, the judge will declare that a letter or letter of memorandum is sufficient. For appeals and some other important arguments, the brief is linked to color-coded coverages set forth in state and/or federal court rules. Although the term was originally conceived as a short or summary argument (shorter than an oral presentation), legal briefs are ironically often notoriously lengthy. 2) V. summarize a precedent or present a legal argument in writing.
Attentive law students “describe” each case in their casebooks, which means extracting the rule of law, reasoning, essential facts, and outcome. 3) v. give another person a summary of important information. For example, a contract typically includes premises, operational conditions, definitions, representations and warranties, applicable law, a clause, signatures, and dates. Collins, R., and Skover, D. (1992), “Paratexts,” Stanford Law Review 44: 509-52. In the text of the law, formula expressions are very common – fixed and memorized sequences of words. These are repeated quite often without variation or with very small variations. In the text of the law, it is necessary that the vocabulary be precise and clear and, moreover, that it be unambiguous. For this reason, the terminology used is very specific.
In general, the meaning of the terms used is far from that used in ordinary language. Features of the structure of the legal text The most important works on jurisprudence and philosophy of law were written in Latin, including the famous treatises of Cicero, St. Thomas Aquinas and many others. Positive law enshrined in legal texts implies an authority that is not inherent in literary texts and produces legal consequences that can have real effects on a person`s life and liberty. The interpretation of legal texts, which is necessarily normative, resists the mechanical application of the rules, but still requires a certain degree of predictability, consistency with other relevant legal norms and respect for constitutional guarantees. The current dissemination of legal texts on the Internet (codes, statutes, judgments, contracts, doctrinal treatises) makes it almost impossible to select relevant texts and cases. We can expect that the systems that analyze these texts to find arguments that support its own case, as well as the expert systems that support the decision-making process of the courts, will end up doing much of the work. These styles also include things like spacing, paragraph parameters, and the use of punctuation. For some legal genres, typographical features (uppercase, font, bold and italics) are also taken into account. The result is legal texts, explicit and normative explanations of laws, compilations of precedents and texts relating to litigation and judicial proceedings. I give my husband [NAME] all my tangible personal property and all insurance policies and products that cover that property. If he does not survive me, I give this property also to those of my children who survive me, to be divided among them by my executors at their sole discretion after consultation with my children.
Features of the structure of the legal text In this sense, its importance as a legal language dates back to 450-451 BC. C., when the Twelve Tablets were created, which formed the basis for the further development of Roman law. This annex provides an overview of innovative texts on access to medicines provided for in national legislation on universal health coverage. The following texts have been revised for clarity. The original texts in the national language and in English can be found in the respective country profiles in our online annex. Ashley, K. and Brüninghaus, S. (2009), “Automatic classification of case texts and prediction of outcomes”, Artificial Intelligence and Law 17 (2): 125-165. The use of Latinisms – words derived from Latin – is very common in legal texts. Latin has played an important role in the history of the development of legal systems in Western civilization. The text of the law is the act of communication – usually made in writing – which has a legal character and uses the language and formats of the field of law. In turn, the law refers to the particular norms according to which the various human societies are governed and whose observance is required of their members.
Characteristics of the structure of the legal text Dickson, J. (Spring 2010 edition) `Interpretation and Coherence in Legal Reasoning`, in The Stanford Encyclopedia of Philosophy, available at plato.stanford.edu/archives/ spr2010/entries/legal-reas-interpret/. Most kinds of legal texts – such as laws, contracts, judgments, powers of attorney – have a standard format. It depends on the specific formalities of each company. For a communication situation to be considered a legal text, it must be drafted in a legislative context. You must also follow all the formalities that any business needs for this purpose. For example, a contract signed between individuals (without the intermediary of a lawyer) can be understood as a legal text. A court decision usually begins with an introduction that, among other things, identifies the parties and the problem and defines the legal relationship between the parties. Characteristics of the structure of the legal text Many legal texts are quite complex in terms of structure. This, especially with routine legal documents, tends to be repetitive and hardly changes over time.
Therefore, any text prepared by persons relating to the field of legal norms (legislators, judges or officials legally empowered as lawyers) can be considered as a legal text. Laws, state constitutions, decrees, judgments, contracts, wills and the like are clear examples of this type of text. On the other hand, this class of texts belongs to a higher category called specialized texts. One of the most important features is the use of language. In general, the vocabulary used by each of the specialized communities is very specific and of limited importance. These keywords were added by machine, not by the authors. This process is experimental and keywords can be updated as the learning algorithm improves. Understanding Digital Humanities pp 145-160Cite as Morse, S. J. (2008), « Determinism and the Death of Folk Psychology: Two Challenges to Responsibility from Neuroscience, » Minnesota Journal of Law Science & Technology 9: 1-35. Le 19 octobre 2000, l’accusé a plaidé coupable du meurtre au premier degré de Rosa Pérez et Luis Pérez, de vol à main armée d’une maison et d’enlèvement.
M. Hildebrandt (2010), « The Indeterminacy of an Emergency: Challenges to Criminal Jurisdiction in Constitutional Democracy », Criminal Law and Philosophy 4(2), 161-181. Dijksterhuis, A. et van Olden, Z. (2006), « On the Benefits of Unconscious Thinking: Unconscious Thinking Can Increase Post-Election Satisfaction », Journal of Experimental Social Psychology 42: 627-31.