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The legal memorandum is the most common type of predictive legal analysis; it may include the client letter or legal opinion. The legal memorandum predicts the outcome of a legal question by analyzing the authorities governing the question and the relevant facts that gave rise to the legal question.
To set up the casebook method of law study, American law professors traditionally collect the most illustrative cases concerning a particular area of the law in special textbooks called casebooks. Some professors heavily edit cases down to the most important paragraphs, while deleting nearly all citations and paraphrasing everything else; a few ...
"Knowing receipt" is also sometimes called "unconscionable receipt" [2] because of its theoretical foundation in the doctrine of unconscionability. The contrary view is that knowing receipt is, or ought to be, part of a broader doctrine of ignorance triggering a claim for unjust enrichment. On this view, anyone who receives property that was ...
Consideration is an English common law concept within the law of contract, and is a necessity for simple contracts (but not for special contracts by deed).The concept of consideration has been adopted by other common law jurisdictions, including in the United States.
Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. 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."
Barnes v Addy was the starting point for the academic debate as to the proper grounds of accessory liability and claims for knowing receipt of trust property. Lord Nicholls revised the test for assistance liability in Royal Brunei Airlines v Tan (1995), whereby it is no longer necessary for the trustee to have acted dishonestly and instead the ...
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Legal formalism is both a descriptive and normative theory of how judges should decide cases. [1] In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases.