Order Number |
636738393092 |
Type of Project |
ESSAY |
Writer Level |
PHD VERIFIED |
Format |
APA |
Academic Sources |
10 |
Page Count |
3-12 PAGES |
Outlining a statute facilitates your understanding of the specific conduct that is regulated by the statute. It also provides details on how a court case resolves ambiguities and applies statutes to particular legal issues.
The first step in outlining a statute involves determining the elements, results, and exceptions of the statute in question. If the elements are linked with the word and, they must all be met to trigger the results. If elements are linked with the word or, only one of the elements must be established. If all of the elements are relevant but only some are needed, then the statute contains a factors test. A commonly known factors test is when child custody is determined by what is in the best interest of the child. The court considers factors such as: the fitness of the parent, the relationship between child and parent, living accommodations, placement of siblings, educational opportunities, religious education, etc. The result is what will happen when the elements of the statute are met. Exceptions occur when an additional element is established and the usual result does not follow.
Once you have outlined a relevant statute, you can use the LexisNexis Academic database to consult the Interpretive Notes and Decisions that follow federal statutes and the Notes section that follows state statutes. They will direct you to cases that interpret specific elements of the relevant statute.
The following are two examples of a statute and an outline of that statute:
Dog Bite Statute
If a dog or other animal, without provocation, attacks or injures any person who is peacefully conducting himself in any place where he may lawfully be, the owner of such dog or other animal is liable in damages to such person for the full amount of the injury sustained.
Dog Bite Statute Outline
Elements
If dog or other animal
Without provocation
Attacks or injures
Person
Peacefully conducting himself
In lawful location
Results
Owner of dog or animal is liable for damages for all injuries sustained
Exceptions
None
Escape from Prison Statute
If any person committed to prison shall break and escape there from or shall escape or leave without authority any building, camp, or place in which he is placed or directed to go or in which he is allowed to be, he shall be deemed guilty of an escape and shall be punished by imprisonment for a term not to exceed 5 years, to commence immediately upon the expiration of the term of his previous sentence.
Escape from Prison Statute Outline
Elements
Person committed to prison
Break, escape, or leave without authority
Any building, camp, or place
Where he is placed, directed to go, or allowed to be
Results
Guilty of escape
Prison term not to exceed 5 years to follow previous sentence
Exceptions
None
To prepare for this assignment:
Review the assigned pages of Chapter 3 in your course text, Principles of Legal Research. Focus on sources of and research methods for locating statutes.
Locate one court interpretation of the Wyoming blackmail statute.
Use the LexisNexis Academic database in the Walden Library and search for Wyo. Stat. § 6-2-402 using the following sources under the Federal & State Codes section of the Legal tab:
WY-Wyoming Statutes Annotated, Constitution
Search: 6-2-402
Select a court interpretation in the Notes section that follows the statute
Review the Wyoming blackmail statute.
Outline the statute using the examples provided above for guidance.
The assignment: (1–2 pages)
Outline the Wyoming blackmail statute. List the elements, results, and exceptions of the statute.
Provide a brief explanation of the statute.
Analyze and explain at least one court interpretation of the Wyoming blackmail statute.
Support your Application Assignment with specific references to all resources used in its preparation. You are asked to provide a reference list only for those resources not included in the Learning Resources for this course.
RUBRIC | |||
Excellent Quality
95-100%
|
Introduction
45-41 points The context and relevance of the issue, as well as a clear description of the study aim, are presented. The history of searches is discussed. |
Literature Support
91-84 points The context and relevance of the issue, as well as a clear description of the study aim, are presented. The history of searches is discussed. |
Methodology
58-53 points With titles for each slide as well as bulleted sections to group relevant information as required, the content is well-organized. Excellent use of typeface, color, images, effects, and so on to improve readability and presenting content. The minimum length criterion of 10 slides/pages is reached. |
Average Score
50-85% |
40-38 points
More depth/information is required for the context and importance, otherwise the study detail will be unclear. There is no search history information supplied. |
83-76 points
There is a review of important theoretical literature, however there is limited integration of research into problem-related ideas. The review is just partly focused and arranged. There is research that both supports and opposes. A summary of the material given is provided. The conclusion may or may not include a biblical integration. |
52-49 points
The content is somewhat ordered, but there is no discernible organization. The use of typeface, color, graphics, effects, and so on may sometimes distract from the presenting substance. It is possible that the length criteria will not be reached. |
Poor Quality
0-45% |
37-1 points
The context and/or importance are lacking. There is no search history information supplied. |
75-1 points
There has been an examination of relevant theoretical literature, but still no research concerning problem-related concepts has been synthesized. The review is just somewhat focused and organized. The provided overview of content does not include any supporting or opposing research. The conclusion has no scriptural references. |
48-1 points
There is no logical or apparent organizational structure. There is no discernible logical sequence. The use of typeface, color, graphics, effects, and so on often detracts from the presenting substance. It is possible that the length criteria will not be reached. |
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