Law is the set of rules that structure aspects of society, imposed by political institutions. Law is also the study and application of legal doctrine and the legal system. Anyone studying and practicing law, from students to legal professionals, must know the set of conventions, rules and standard practices that make up the legal field.
Jurisprudence
Jurisprudence is the theoretical philosophy of law. It has a rich tradition of debate as to what law is, how it functions, and what its aims should be. Jurisprudence includes both questions of analytical jurisprudence, such as "what is law," and normative jurisprudence, such as "what should law be?" Some theorists of jurisprudence argue that law is purely "normative," in that it is separate from morality but demands obedience by means of political force. Others argue that law is inseparable from moral judgment, since its concern is the institution of "justice."
Precedent
Legal decisions are made by means of legal precedent. Precedents are authoritative laws or principles that have been decided in past cases or established in past laws. Lawyers use them to build arguments, and judges turn to past precedent in order to decide similar cases. Lower courts are required to enforce precedent decided by higher courts, while higher courts are allowed to overturn rulings by lower courts as long as they feel precedent has been violated, misapplied or misinterpreted.
Legal Research
Lawyers, paralegals and judges all do legal research. They identify the issues of a case and search out applicable information pertaining to the problem at hand. Such information includes legal precedent, common law and factual information surrounding the situation. This information is then synthesized into an argument in support of a ruling.
Legal Writing
Legal writing is the technical language employed by legal professionals when writing legal documents. It is commonly referred to as legalese. Legalese is carefully crafted to avoid ambiguity and cover all possible contingencies. This commitment to one type of clarity, however, often comes at the expense of accessibility to most readers.
Litigation and Representation
Litigation is the process of settling a lawsuit before a court. A lawsuit occurs because a plea or complaint is brought up between parties. These need not be individuals; they can be institutions, states or other entities. Lawyers provide representation to people in legal proceedings. They prepare legal arguments to present to trial juries or judges on behalf of their clients, and help their clients navigate through legal channels. After arguments have been heard for each side, a ruling is reached which decides the outcomes of the case, at which time it may or may not be possible for the losing party to appeal their case to a higher court.
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