How can someone master legal writing
This is how you correctly represent legal disputes
In onelegal studies students learn how to apply legal disputes early on. Within the individual disciplines such as criminal law and civil law there are some of them, which can be found in exams and Homework must master. Due to its outstanding importance in law studies, we present the most important facts on this topic here.
What are legal disputes?
Disputes of opinion form a core area of every legal term paper, bachelor thesis or master thesis. There are many such ambiguous assessments of a particular legal problem. Accordingly, every prospective lawyer hears about the prevailing opinion right from the start of their studies. This contains nothing other than the prevailing, i.e. predominant, opinion within the different views of a legal dispute. A large number of lawyers therefore agree with this opinion.
The prevailing opinion is often the solution that ultimately appears to be the most attractive. For this reason, this is usually affiliated, because it ultimately seems to have its justification. Of course, it's not that simple. As soon as you come across a dispute within a term paper or an exam, you cannot rashly join the prevailing opinion.
The bottom line is namely to deal critically with the disputes of opinion and to apply them to the present case. A subdivision of a dispute into dominant and subordinate opinions is ultimately the confrontation with a legal problem, just as there is a confrontation with citable literature in other disciplines. The constituent features of a standard are then interpreted differently. So that's a good one Literature research an advantage in advance
When do you need the presentation of such disputes?
Legal disputes occur again and again within the legal education. However, they form an important core area within the expert opinion style and are indispensable for dealing with the law. As a result, they are an essential part of every legal exam and housework, bachelor thesis or master thesis.
When subsuming legal issues on the basis of a case study, you have at the beginning a sea of legal provisions, comments on these and current case law. In the case of ambiguous cases, in which a court decision has not yet been made, there will again be disputes of opinion.
The challenge that arises for any student from such disputes is not just identifying the relevant disputes. The decision as to which path is best suited to the subject matter to be dealt with must also be carefully considered. In the end, the latter decides how the case will be resolved (cf. Valerius 2017: 33).
Why are disputes necessary?
First and foremost, disputes of opinion within law are an important focus. On the one hand, every lawyer should be able to apply the structure and the order in which they are dealt with. On the other hand, it is important to know the individual disputes. In addition, these should then be correctly integrated into the report style.
Such legal disputes are necessary because they are to be used in situations where the situation is not clearly regulated. Therefore, disputes of opinion trigger a discussion on the basis of which the various opinions on the topic are subsumed. By choosing an opinion, the student shows that he has dealt with the matter and understood it.
It does not always make sense to follow the prevailing opinion. Minor opinions should also be considered. In addition, you will quickly notice that the various views are not always objective. It is not for nothing that there is the saying, “On the high seas and in court one is in God's hands” (Gleußner 2014: 7).
What do you have to consider when presenting a dispute?
With the help of disputes, one can often score the most in term papers and exams, which is why the presentation of such disputes should be mastered by every law student. Therefore, in the following, we will use the example of “violation of property in the event of a“ food deficiency ”to show how such a scheme is ideally structured.
1. Formulation of an introduction
"It is controversial whether a so-called 'eating deficiency' constitutes an infringement of property."
"There are several views on the question of whether a so-called 'eating deficiency' constitutes an infringement of property."
"Several theses are put forward on the problem of property infringement in the event of a so-called 'eating deficiency".
"Under what circumstances, in the case of a so-called 'eating deficiency', there is an infringement of property, the answer is inconsistent."
2. The first thesis T1 and the associated arguments
a. Presentation of thesis T1
"One can be of the opinion with the jurisprudence that ..."
"According to case law, there is an infringement of property if ..."
"One can come to the conclusion that ..."
“An infringement of property within the meaning of § 823 I BGB could mean that the
Defect and the whole thing are not made of the same material. "
"One could assume that an infringement of property presupposes the negation of the material equality between the defect and the whole thing."
"One opinion affirms the infringement of property if ..."
"From the standpoint of jurisprudence, an infringement of property implies the negation ..."
b. Arguments in support of thesis T1:
"In favor of this view is that ..."
3. Formulation of the second thesis T2 and the associated arguments
a. Presentation of thesis T2
"However, this thesis and its arguments have met with contradiction."
"On the other hand, it is objected that ..."
“The opposite view rejects the application of tort law in the case of a so-called further eating
b. An argument in support of thesis T2
Formulations as above, e.g .: "This view is supported by the fact that ..."
c. A counter-argument against the thesis T2 A1T2 - A2 T2
Formulations as above, e.g .: "But that speaks against it that .."
d. After the statement has been made, one finally comes to a result. As a rule, one decides on a view which one can of course represent accordingly. This is done through the reasoning just given.
You are free to make your decision at any point, but you should bear in mind that the path you choose will have an impact on the further solution to the case. Therefore, you should be very sure in advance which view you will ultimately choose.
“Therefore, with the case law, it can be assumed that there is an infringement of property
the denial of material equality between the defect and the overall item is present. "
e. Subsumption based on the preferred opinion criteria
"The faulty accelerator cable and K.'s car were not made of the same material, because ..."
Final subsumption: "Thus there is a violation of K.'s property."
Finding one to three legal disputes should be done in every term paper or exam. Under certain circumstances it happens that such a dispute is resolved quickly, since the prevailing and minor opinion lead to an identical solution. But even then you should deal intensively with the different views.
Gleußner, Irmgard (2014): Civil procedure law, 3rd edition Heidelberg.
Valerius, Brian (2017): Introduction to the expert opinion style, 4th edition Berlin.
Jacobs, Matthias / Krois, Christopher (2014): Written exam in Labor Law II, Hamburg.
Wish, Gabriele (2014): How does my BGB housework succeed? Instructions for writing a homework for beginners, Altenberge.
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