If you haven't already seen it:
http://www.newsweek.com/id/222979
Saturday, November 28, 2009
Monday, November 16, 2009
Legal Research – Basics
Why legal research?
Clients approach an attorney, to pursue a legal remedy for any “wrong” done to them or to enforce a right which is lawfully theirs. This could arise in any sphere of law - civil or criminal or a tort. To pursue a proper remedy, an attorney needs to understand:
• the law governing the subject matter,
• the jurisdiction under which the remedy is sought or the right is to be enforced,
• how and what was enacted,
• how over a period of time that law or a provision of it has undergone changes due to amendments or repeals, and
• how the courts have interpreted the law in order to achieve justice and equity.
This knowledge is the armory for him to defend his clients’ remedies or to enforce their rights. Legal research is the pursuit of finding the answers to the questions above.
Simply put, it is the systematic discovery of what has happened in the past, in litigations arising out of most similar situations and presenting them to the judges as persuasively as an attorney could.
Let’s take an example of accident victim who seeks compensation. The quantum of compensation is a point in dispute. All other factors like rash, negligent or drunken driving have been either proven or admitted.
Which courts have granted compensations in similar situations? Literally, all of them have. Let’s assume that present case falls under the jurisdiction of Arizona.
Then an attorney shall research the most similar cases with most similar points in dispute within that jurisdiction. Here, the quantum of compensation is in dispute. Not anything else. The research is narrowed down further. What has the courts pronounced as the rationale for their decisions. Judiciary does not have time to re-invent the wheel; nor is there a need. Cases have been disposed off in the past involving similar situations. Attorneys help courts in quick disposal of cases, by proper research, compilation and presentation.
Now the more pertinent questions arise - what are the factors which have guided the courts in determining the amount of compensation in the past?
The age of the victim?
His weekly earnings?
His health conditions?
Contributory negligence of the victim?
The time of the accident?
The extent of negligence by the perpetrator?
The mental condition of the perpetrator?
The age of the perpetrator?
The earnings and wealth of the perpetrator?
This could be an endless list. Is it any or a combination of one or all the above facts that have guided the courts in fixing the compensation?
A shrewd attorney would narrow it down further that are more appropriate to the case in hand and present them persuasively in the court.
All legal disputes involve legal research. But the nature, depth and breadth would vary based on many factors.
To be continued….
Please share your comments and opinions to the author. I welcome criticisms.
Clients approach an attorney, to pursue a legal remedy for any “wrong” done to them or to enforce a right which is lawfully theirs. This could arise in any sphere of law - civil or criminal or a tort. To pursue a proper remedy, an attorney needs to understand:
• the law governing the subject matter,
• the jurisdiction under which the remedy is sought or the right is to be enforced,
• how and what was enacted,
• how over a period of time that law or a provision of it has undergone changes due to amendments or repeals, and
• how the courts have interpreted the law in order to achieve justice and equity.
This knowledge is the armory for him to defend his clients’ remedies or to enforce their rights. Legal research is the pursuit of finding the answers to the questions above.
Simply put, it is the systematic discovery of what has happened in the past, in litigations arising out of most similar situations and presenting them to the judges as persuasively as an attorney could.
Let’s take an example of accident victim who seeks compensation. The quantum of compensation is a point in dispute. All other factors like rash, negligent or drunken driving have been either proven or admitted.
Which courts have granted compensations in similar situations? Literally, all of them have. Let’s assume that present case falls under the jurisdiction of Arizona.
Then an attorney shall research the most similar cases with most similar points in dispute within that jurisdiction. Here, the quantum of compensation is in dispute. Not anything else. The research is narrowed down further. What has the courts pronounced as the rationale for their decisions. Judiciary does not have time to re-invent the wheel; nor is there a need. Cases have been disposed off in the past involving similar situations. Attorneys help courts in quick disposal of cases, by proper research, compilation and presentation.
Now the more pertinent questions arise - what are the factors which have guided the courts in determining the amount of compensation in the past?
The age of the victim?
His weekly earnings?
His health conditions?
Contributory negligence of the victim?
The time of the accident?
The extent of negligence by the perpetrator?
The mental condition of the perpetrator?
The age of the perpetrator?
The earnings and wealth of the perpetrator?
This could be an endless list. Is it any or a combination of one or all the above facts that have guided the courts in fixing the compensation?
A shrewd attorney would narrow it down further that are more appropriate to the case in hand and present them persuasively in the court.
All legal disputes involve legal research. But the nature, depth and breadth would vary based on many factors.
To be continued….
Please share your comments and opinions to the author. I welcome criticisms.
Friday, November 13, 2009
Why should you patent
This article that appeared in yesterday's The Hindu sums it in few words. Need any thing more?
"More than 100 million Kalashnikov rifles have been sold worldwide and they are in service with the armies of 106 countries, but Mr. Kalashnikov has not personally profited from his invention because it has never been patented. Today he supplements his salary and pension by patenting other products bearing his name, such as the Kalashnikov Vodka"
Wednesday, November 11, 2009
Innovation
Yesterday's The Hindu carried an article by Mr. Francis Gurry, Director-General of the World Intellectual Property Organisation. I am also looking for the day when this country will make creation of IP a national goal. It requires another post to discuss what is wrong with the IP system in India.
Another interseting article on innovation from Guardian as it appeared in today's The Hindu.
Another interseting article on innovation from Guardian as it appeared in today's The Hindu.
Tuesday, November 10, 2009
Indian IP Caselaws
The following website/database provides most IP related judgements from Indian Courts, including the Privy Council! . This is truly a valuable contribution to the advancement of IP knowledge in this country.
http://www.21coe-win-cls.org/rclip/db/search_form.php
http://www.21coe-win-cls.org/rclip/db/search_form.php
Wednesday, November 4, 2009
Honouring Inventors
Recently I had been to Japan on a study tour. I was fascinated by the way the Japanese society honours its inventors. The Japan Patent Office has wall reliefs, near the entrance, of Japan's greatest inventors including Kokichi Mikimoto who invented cultured pearls and Kikunae Ikeda inventor of the ubiquitous Monosodium Glutamate (Ajinomoto). The honoured inventors brief bio can be found here.
Everyone I met in Japan accepts the fact that innovation, properly secured by patents, has been one of the greatest contributors of wealth and all round prosperity.
Everyone I met in Japan accepts the fact that innovation, properly secured by patents, has been one of the greatest contributors of wealth and all round prosperity.
Subscribe to:
Posts (Atom)
