The Court reviewed the findings of the trial Court and applying the decision of the Kunkle, Court, held: The trial court also determined that appellee was a homemake -spouse with little opportunity to develop meaningful employment outside the home. Code  Ann. They are generated by legislatures, courts, and administrative agencies. In Kunkle v. Kunkle, 51 Ohio St. 3d 64, the Court held: Accordingly, we hold that except in cases involving a marriage of long duration, parties of advanced age or a homemaker-spouse with little opportunity to develop meaningful employment outside the home, where a payee spouse has the resources, ability and potential to be self-supporting, an award of sustenance alimony should provide for the termination of the award, within a reasonable time and upon a date certain, in order to place a definitive limit upon the parties’ rights and responsibilities. The importance of law is much more easily determined than its definition. Other LME3701 Research Portfolio Example. Prepared and submitted reports, data, and materials as requested. You will be able to revise your title … which to begin a research project. The purpose of legal research is to find "authority" that will aid in finding a solution to a legal problem. A recent example of historical research is Finn’s work on the “founders” of New Zealand’s legal profession — the cohort of lawyers practising in the period 1841–1851.10. See our collection of law research paper examples. The first question seeks to discover whether a particular situation is true or false, that is, whether court clerks improve the judicial process. It outlines the objective of the project, it’s execution, and the desired outcome considering the indicators set therein. JavaScript seems to be disabled in your browser. You'll find detail on secondary sources, including help in finding them, in the next section of this guide. Preparing your research proposal is the important first step to becoming a postgraduate research student at the School of Law. Wolfe v. Wolfe, (1976), 46 Ohio St. 2d 399; 350 N.E.2d 413 (1976). You can contact one of our Research Leads or an academic whose work you are interested in to discuss your proposal. In its broadest sense, legal research includes each step of a course of action that begins with an analysis of the facts of a problem and concludes with the application and communication of the results of the investigation." Available data suggest that juvenile delinquency in Bangladesh is on the rise in recent years. The paper also focused on the rationality of advisory jurisdiction exercised by the Supreme Court of different countries, especially of USA, UK, Canada, Sri Lanka, and India and discussed how these examples could be of use in Bangladesh in nurturing its Constitution, democracy, and the rule of law. 3105.18(B) and not base its determination upon any one of those factors taken in isolation. Prepared correspondence related to alleged and confirmed violations or … See Cherry, supra, at 355-356; 421 N.E. PDF; Size: 507 KB. 2d at 423; 75 Ohio Op. File Format. In Kaechele v. Kaechele, 35 Ohio St. 3d 93; 518 N.E.2d 1197 (1988), the Court applied principles enunciated inR.C. Additionally, the court retained jurisdiction over the issue of spousal support. Chap 8: Refining the Topic and Writing the Research Proposal This guide will walk a beginning researcher though the legal research process step-by-step. Likewise, upon modification, such utilization of discretion is required. The trial court is provided with broad discretion in deciding what is equitable upon the facts and circumstances of each case, but such discretion is not unlimited. Jill and Jane are twin law students who are undertaking their first research assignment. The purpose of this module is to provide professional development curricula in the sub-field of legal research. Specifically, it equips students with the value, knowledge, and skills vital to apply legal research skills, methodologies, techniques and technologies, which contribute to the design and … USLegal has the lenders!--Apply Now--. For example, “Statement of the Facts,” “Questions Presented” and so on. Searching non-legal sources for investigative or supporting information. Many of the arrested juveniles are members of organized criminal gangs. Therefore, we hold that in making a sustenance alimony determination, the court must consider all the factors listed in R.C. For a close reading of the examples, click the images below. In making this determination, the court considered the following facts: 1) the minor child is severely handicapped and requires twenty-four hour assistance; 2) appellee spends most of her time caring for the child, and as long as the minor child continues to reside with appellee, she would only be able to obtain part-time employment; 3) appellee had been unemployed for most of the marriage and has few marketable skills. Convenient, Affordable Legal Help - Because We Care! In FOB and CIF contracts it is necessary to transport goods by sea or can they be … Ohio  Rev. The trial court determined the child was incapable of becoming self-sufficient. 3d 80; 466 N.E.2d 570 (1983), the court stated: Considering current social and economic conditions, we concur in this court’s holding in Mattoni to the limited extent  that awards of alimony for sustenance and support should be made terminable upon a date certain in the vast majority of cases wherein both parties have the potential to be self-supporting. 2d 1317 (1996) held: According to R.C. Thus, we cannot say that the trial court in this case acted unreasonably, arbitrarily, or unconscionably in awarding appellee spousal support for an indefinite period of time. In Koepke v. Koepke, 12 Ohio App. Law is perhaps the most conspicuous arena wherein theory and practice meet. at  6. Some of the factors enumerated in R.C. (b) Is invoking or rendering of advisory opinion more a function of the President than the jurisdiction of the Supreme Court? R. C. Ann. The other type of legal writing is the regular term paper type. Terms to Know Opinion : The formal written expression by a court or judge detailing the reasons and principles of law … 3105.18 stipulates the procedure for award of spousal support.§3105.18 Award of spousal support; modification, reads in relevant part: (A). §  3105.18(A)  and  (B)  provide  a  trial  court  with guidelines  for determining whether alimony is necessary and the nature, amount and manner of alimony payments. For their assignment, they need to research and write an essay about a High Court case of their choosing, they need to explain the facts of the case, identify the legal issues, explain what the outcome was, and explain if and how that case changed the law. The author argues that juvenile delinquency and violence against children are indications that social organization is not running correctly. Amount or length of spousal support when there is a severely handicapped child. The training year begins in October with a number of ‘Essentials of Practical Legal Research’ sessions, suitable for students but all members at any stage of their careers are welcome to attend. Examples are statutes, regulations, court orders, and court decisions. Examples of Legal Research Amount or length of spousal support when there is a severely handicapped child. Thus, in cases involving a marriage of long duration, parties of advanced age, and a homemaker-spouse with little opportunity to develop a career, a trial court may, in the proper exercise of its discretion, award alimony terminable only upon certain contingencies, such as the death or remarriage of the recoverer of the award of alimony or further order of the court. It can be a problem, policy, or a reform of the existing law. ), Searching secondary authority (for example, law reviews, legal dictionaries, legal treatises, and legal encyclopedias such as American Jurisprudence and Corpus Juris Secundum), for background information about a legal topic; and. Non-doctrinal research, also known as social-legal research, is research that employs methods taken from other disciplines to generate empirical data that answers research questions. A technical proposal is coined as a statement of work. This might We use research proposals to match you with your supervisor or supervisor team. OR How do court clerks improve the judicial criminal process? Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. With a moot problem the facts of the case are laid out at the beginning of the problem but when looking to research the law it is often useful to go to the end of the problem to see what the points of appeal are as these are where you are going to find your key legal concepts and the research questions you will need to ask. Among many factors a court must consider when determining whether the amount of spousal support is appropriate and reasonable, are the income of the parties, the relative   earning abilities of the parties, and the extent to which it would be inappropriate for a party, because of being custodian of a minor child of the marriage, to seek employment outside the home. “Spousal support” does not include any payment made to a spouse or former spouse, or to a third party for the benefit of a spouse or former spouse, that is made as part of a division or distribution of property or a distributive award under section 3105.171 [3105.17.1] of the Revised Code. CourtLink ® docket and document research tools help you conduct thorough due diligence, monitor litigation affecting your legal practice and identify new business opportunities. LEXIS 4447, the appellant husband and appellee wife had a severely handicapped minor child. Commercial Law. As used in this section, “spousal support” means any payment or payments to be made to a spouse or former spouse, or to a third party for the benefit of a spouse or a former spouse, that is both for sustenance and for support of the spouse or former spouse. Section  3105.18  and  numerous  Ohio  cases, Ohio Courts have held that there is no abuse of discretion in awarding spousal support for an  indefinite  period  of  time  in  cases  where  the  woman  is  a  homemaker  with  little opportunity to develop meaningful employment outside the home since she is caring for a child  with special  needs, unemployed  for  most of the  marriage, and  has  few  marketable skills. In this paper, the diversion and alternative measures of the juvenile justice system of USA and Bangladesh have been discussed to get an idea about how the philosophy of juvenile justice is functioning in a democratic country of different culture like the USA and a developing country of monolithic culture like Bangladesh from a comparative perspective. 3105.18(B) are more pertinent than others in the process of reaching an equitable property division, while some are more relevant in ascertaining the need for and amount of sustenance alimony. Further, in certain circumstances, the termination of the award of alimony on a 4 date certain would work an undue hardship upon the recoverer of the award or upon the payor. They are involved in theft, robbery hijacking, and extortion, and they have different types of deadly weapons. The  appellate  court advised  that  the  law  favored  a  definite  termination  date  for  awards  of  spousal  support, giving  the  payee  enough  time  to  become  self-supporting;  however,  if  the  payee  did  not have  resources,  ability,  or  potential  to  become  self-supporting,  an  award  of  spousal support  for  life  would   be  appropriate. Download. Courts in Ohio derive their power to award sustenance alimony from the statutes. During the pendency of any divorce, or legal separation proceeding, the court may award reasonable temporary spousal support to either party. In such cases, an award of alimony terminable upon a date certain provides both the interim support necessary to the recoverer of the award and certainty in the judgment. Example 1 Example 2 Example 3 Id. Chap 7: Formulating a research topic. We can provide you with complete dissertation writing on law topics in human rights locally or internationally at an affordable cost. For example, FindLaw's sister company, Thomson Reuters Westlaw, provides online legal research tools you can use to look up cases and verify current law. Law Search Guide: Legal Research Examples. Accordingly, appellant’s first assignment of error is not well-taken. This is just a tentative title for your intended research. Begin the legal research paper by writing down a clear statement of the facts. In the initial grant of alimony at the time of decree, the need for, and the amount of, such award rests within the discretion of the court subject to consideration of the specifically enumerated factors in R.C. Child labor law should be strict so that people do not escape from punishment through loopholes. For more information on formulating and writing your research proposal: Terry C. M. Hutchinson, Researching and Writing in Law (4 th ed, Lawbook Co, Pyrmont, 2018). The duration of the marriage is merely one of  numerous factors in determining the length and amount of alimony to be awarded. The goal is to reach an equitable result. Cherry v.. Cherry, 66 Ohio St. 2d 348; 421 N.E.2d 1293 (1981). Research paper topics ideas of Labour law Below are law topics for research paper are: The long odd hour working in business firm and industry is exploitation with the workers which should be accompanied by a law. In divorce and  legal  separation proceedings, upon the request of either party  and after the court determines the division or disbursement of property, the Court of Common Pleas may award reasonable spousal support to either party. If you are interested in the work of a specific academic at York St John University you should mention this in … However, legal Research generally suggests such tasks as: Here we cite two examples to demonstrate what legal Research is: Mehtab (2008) studied the juvenile justice system of Bangladesh and compared the same with the USA. Comparing the available statistics of Bangladesh and the USA, the author put forward some recommendations that will keep the problems at a minimum, ensuring the establishment of an egalitarian society where children’s causes will be fully guaranteed. All sessions qualify for CPD. They have been re-written several times to illustrate the difference between excellent, good and poor answers. 3105.18(B) and the extent of applicability of this statutory provision to spousal support cases, and stated: R.C. 3105.18. However, all the statutory factors must be considered. Details. (C). The method by which the goal is achieved cannot be reduced to a mathematical formula. The Appellate court held that the trial court did not act unreasonably, arbitrarily, or unconscionably in awarding appellee spousal support for an indefinite period of time. You may be asked to submit your results in a particular format: for example, a memo to your supervisor or a paragraph in a letter to the client. Appellee was appointed as the minor’s residential and legal custodian. For those reasons, we hold that this court’s decision in Mattoni, supra, to the extent that it implies that all awards of alimony for sustenance and support must be terminable upon a date certain, is to be strictly limited to its facts. These example papers are to help you understanding how to write this type of written assignments. References. Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. Research Process: 8 Steps in Research Process, Engineering Research: Definition, Examples, Agricultural Research: Definition, Examples, Population Research: Definition, Examples, What is a Company? If you intend to cite a case in any legal research paper, you should know how to "Shephardize" a case. Gathered legal research on a various legal issues and cases in the fields of municipal law, contract law, local government law, and land development regulations. Here are three examples of introduction paragraphs. For example, you will need to conduct research in order to find an applicable legal rule that you have identified from an authoritative source, such as a major practitioner text, cases or legislation. After the division of property is made, the trial court may consider (1) whether an additional amount is needed for sustenance and (2) the duration of such necessity. Start with secondary materials. Notwithstanding the foregoing, we find, upon our review of the statutes and case law, that there is no legal mandate requiring trial courts to order the termination of an award of alimony on a date certain. You then need to apply the rule to your case and draw conclusions. She could not walk, talk, or feed herself. Along with it, you can find international human rights research topics too. Accordingly,  the  appellate  court  could  not  say  the trial court abused its discretion in ordering spousal support for an indefinite period, or in setting the amount of spousal support. The trial court found the marriage was of long duration, and determined appellee was a homemaker with little opportunity to develop meaningful employment outside the home. https://www.aresearchguide.com/25-legal-issues-research-paper-topics.html You must have JavaScript enabled in your browser to utilize the functionality of this website. She required 24 hour care. Has the provision of advisory opinion been best explored and exploited by the President of Bangladesh so far? 3105.18(C)(1)(a), (b), and (f).While a full-time nursing position could provide Appellee, the recommended custodial parent, with additional income, the referee found Appellee’s $ 20,000 a year income to be her maximum earning capacity since she had two young girls, ages five and ten, to care for, one of which suffered from dyslexia and required considerable parental tutoring. Given these facts, we cannot conclude that the trial court abused its discretion when it did not impute full time earnings to Appellee when determining the proper award of spousal support. A  woman  who  has  a  minor  child  who  is  severely  handicapped, seeks  spousal support. Start with secondary sources – discussions of the law – to get a grounding on the developed law and an idea of relevant legislation and leading cases on your topic. 2d at 1299; 20 Ohio Op. The post contains the list of dissertation topics in human rights law to consider for research. An example of a simple research question may be: Do court clerks improve the judicial process? Category: Law Research Paper Examples. The Court in Shaffer v. Shaffer, 109 Ohio App. We  have been asked to research cases  where  a  court  has  addressed  this  issue  in  determining the  amount  or  length  of spousal support to be awarded. Appellant was ordered to pay $ 758 per month child support, and $ 1,000 per month spousal support for an indefinite time. The Library runs regular free legal research training sessions which all Inns of Court members can attend. Legal research paper format.Use lexisnexis tools and resources to find and validate case law and statutes get up to speed in specific legal practice areas learn from leading practitioners through treatises and online communities stay current make sense of disconnected data points and pull it all together for smart strategic decisions. The income of the parties, from all sources, including, but not limited to, income derived from property divided, disbursed, or distributed under section 3105.171 [3105.17.1] of the Revised Code; The relative earning abilities of the parties; The ages and the physical, mental, and emotional conditions of the parties; The extent to which it would be inappropriate for a party, because that party will be custodian of a minor child of the marriage, to seek employment outside the home; The standard of living of the parties established during the marriage; The relative extent of education of the parties; The relative assets and liabilities of the parties, including but not limited to any court-ordered payments by the parties; The contribution of each party to the education , training, or earning ability of the other party, including, but not limited to, any party’s contribution to the acquisition of a professional degree of the other party; The time and expense necessary for the spouse who is seeking spousal support to acquire education, training, or job experience so that the spouse will be qualified to obtain appropriate employment, provided the education, training, or job experience, and employment is, in fact, sought; The tax consequences, for each party, of an award of spousal support; The lost income production capacity of either party that resulted from that party’s marital responsibilities; Any other factor that the court expressly finds to be relevant and equitable. Thus the module will interrogate law through the use of other disciplines such as sociology, social theory, political theory, feminist theory, critical race theory, philosophy and eoconomics. at 482. 3105.18(B), a court may award reasonable spousal support, “as the court considers equitable,” to a requesting party. Here we cite two examples to demonstrate what legal Research is: Example #1 Mehtab (2008) studied the juvenile justice system of Bangladesh and compared the same with the USA. In Byabato  v.  Ijumba, 2001  Ohio  App. 3105.18(B) lists standard of living as one of eleven factors a trial court is to consider in determining the amount of alimony. The following information is a crash course in legal citation. (1) In determining whether spousal support is appropriate and reasonable, and in determining the nature, amount, and terms of payment, and duration of spousal support, which is payable either in gross or in installments, the court shall consider all of the following factors: (2) In determining whether spousal support is reasonable and in determining the amount and terms of payment of spousal support, each party shall be considered to have contributed equally to the production of marital income. It also will allow the reader to find certain sections quickly. Administrative Law: Ban on Targeted Direct Mail Solicitations by Attorneys Was Unconstitutional . See a good example of a research proposal (PDF, 0.09 MB). We overrule Appellant’s second assignment of error. The trial court considered the constant needs of the child, and that appellee had been unemployed for most of the marriage, and had few marketable skills. 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