File Size: 597 KB
Print Length: 332 pages
Publisher: LexPrep (December 11, 2013)
Publication Date: December 11, 2013
To summarize the broad lessons of this guide, the legal system takes an uncertain and intricate world full of humans who are highly fallible (misperception, inaccurate memory, cognitive biases, etc. ), and sometimes likewise dishonest or even malintentioned, and tries to bring some order to of which world. It does that by:
(a) creating an growing system of rules of varying ambiguity and versatility which are based on common sense (assuming a 'reasonable person'), experience (which establishes 'standard of care'), precedents ('stare decisis' and 'common law'), and contracts;
(b) systematically trying to judge when those rules have been violated in certain cases based on proof (documents, deposition and test testimony of fact plus expert witnesses, physical exhibits, etc. ) and quarrels presented by adversary parties to supposedly impartial juries and judges, using thresholds of preponderance of proof for civil cases plus proof beyond reasonable uncertainty for criminal cases, plus;
(c) deciding and enforcing appropriate actions in the case of violations, this kind of as compensation, punishments, plus injunctions.
To handle the complexity and diversity of the world, the lawful system is itself intricate as well as application is usually not easy, hence the need for (expensive) lawyers who go through a challenging educational and training procedure. Because of these costs and additional factors for example uncertainty regarding jury verdicts, most cases wind up being settled by the parties (sometimes by making use of mediation) rather than going to trial. Yet , among the cases which do continue to a test jury verdict, a small percent of those cases are usually appealed for review by multi-judge appellate courts, plus in rare cases the appeals move up through the court system till reaching the US Best Court.
The legal system is unavoidably imperfect, occasionally gets things very completely wrong, and is subject to abuse, but the system perhaps gets things reasonably proper almost all of enough time, and our own society would break straight down towards anarchy without some thing like this system.
I recommend this guide to virtually any layperson considering studying the legal system, and it also might perhaps also be an experienced read for possible plus first-year law students., Being a second-year law student in Georgetown, I found of which Mr. Park's book efficiently presents the law because a system that anybody can understand. The law in times can seem odd, arcane, and frustrating. Typically the Legal Mind shows its reader not only just how the law thinks, nevertheless why it thinks inside the manner it does. Along other aspects of the law, the guide reviews: the sometimes exhausting standard of proof; exactly why we have an appellate system of courts; plus, the most important fundamentals of torts and contracts law, which usually are applicable throughout a new range of legal doctrines. More so, it clarifies these sometimes dry topics in a manner that can capture plus retain the interest and creativeness of even the most legally disinclined. Many of the analogies that Mr. Park uses to paint legal principles are genuinely crafted. I recommend this particular book to anyone -- the layperson, the law student, and even the practitioner., Park discusses the united states legal system in a new way that was pretty accessible to this lawful layman. The Legal Thoughts provides a high-level explanation of how the law performs (in the USA, anyway), nevertheless also---perhaps more importantly---why this is the way this is: the logical advancement from the basic need regarding rules and dispute image resolution to the complexities we come across.
This book should end up being required reading for anybody who wants to make a complaint concerning the latest legal cases within the news, and regarding the journalists reporting on them. A fair little bit of outraged indignation could end up being avoided by having the sketch in the law the book provides., Anyone who is considering how points in the real globe (like everyday routine and the experiences, accidents, mishaps, plus happy things we encounter) can be shaped plus understood in legal conditions, should read this guide.
The Legal Mind provides a quick and playful step across the path of law. Normally daunting, we all may be afraid of lawful language and the seeming impossibility of deciding on who is right or completely wrong in a lawsuit or even how to assert ourself! Trying to think about how exactly a new attorney thinks is occasionally frightening, especially when we believe it is all based on money. It is not. Some of the best minds are behind us all, trying to help us all with the thicket of human being life in which we all may at one moment find ourselves physically or even emotionally or financially harm by another. For this particular reason, understanding the lawful mind can be a new pursuit we may be keen to befriend.
Daniel Playground is a kind individual, giving us faith within the practice of law. He cares about men and women plus scholarship, and that will be a good combo to produce a good read. As a new paralegal student, I was considering a history of law, the confusion of tendency, how on the planet judges plus juries may be fair, plus how to cope with the emotional aspect of coping with law in any personal circumstance. This book helps on all these fronts. This explains the nature of the legal mind plus includes many interesting lawful conditions in normal language.
The humor and straight down to earth practicality of this book unveils each of the scary things we may expect in different unwanted face with law. It will be an educational and reassuring experience for anyone who wants to know what to expect in a lawsuit, no matter his or the girl level of background together with law. While including many legal terms, it will be not hard to understand. Any person who knows law or even is studying law, may be benefitted too, because law is always a new continuous readjustment between empirical facts of life plus the rules and lawful theories we apply to them. In Daniel's phrases, " By learning the lawful mind, there is simply no need to be afraid the lawful system. Whenever you know just how the law thinks, you will end up prepared to respond to -- and win -- any argument. ”
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