Legal Research
Why is it important to know the law?
Legal research is a vital pursuit aimed at comprehending and applying the law effectively. Understanding the law becomes crucial when seeking entitlements through legal processes, as a court can only provide what is mandated by law.
Knowing the law is important for the following reasons:
- it helps protect your rights
- it helps you make informed decisions
- it avoids costly mistakes i.e. filing wrong forms or missing deadlines
- it improves your credibility – judges take you more seriously if you have solid grasp of the law
- allows you to negotiate equitable terms with a spouse or partner that align with legal principles
- armed with knowledge of the law, one can articulate desired relief in court documents, bolstering arguments for interim hearings or trials
- familiarity with legal rights, governed by legislation and case law, empowers individuals to present compelling arguments
Why is it important to understand legal definitions?
An essential aspect of legal research involves consulting the definition section under Part I of the legislation. This section clarifies terms with specific meanings under the law, ensuring accurate interpretation.Â
For instance, the Divorce Act defines a “child of the marriage” as an individual under the provincial age of majority or older but unable to withdraw from the spouses. This illustrates how everyday terms may hold distinct legal meanings, emphasizing the necessity of precise understanding for effective legal engagement.
What are the two elements of the law?
In Canada, the legal framework comprises two key elements:Â
- legislation, which encompasses written laws enacted by the government (e.g., the Divorce Act), andÂ
- case law, which involves decisions rendered in previous legal matters.Â
To initiate legal research, one must delve into the legislation that dictates their rights.Â
All federal and provincial/territorial laws are accessible online, typically through government websites. Utilizing specific keywords related to the legal matter in question (e.g., divorce or child support) aids in efficient searches. Each piece of legislation features a comprehensive table of contents facilitating navigation through different parts, divisions, and sections.