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I love to argue. One of the great things about justice is that it is not something that can be applied as one-size-fits-all. We have laws and precedent that help guide our hands, but cases are always unique enough that you need people to interpret all of the different variables to come up with a result. If it was easy, trials could be won or lost by submitting evidence into a computer and letting it spit out a result, but our legal system allows for a certain human element that works with the regulations that we put into place. It is for this reason that many have trouble coming up with a definition of law. But it is in the pursuit of a definition that we find our rules for coexistence and you can get a better understanding with private law tutors.
Laws date back as far as civilization. One of the first deciphered writings of the law came in the form of Hammurabi’s Code, which was a set of laws enacted by the sixth Babylonian king, Hammurabi. Some of the laws came with punishments, like an eye for an eye, a tooth for a tooth, while others dealt with matters of contract, like establishing a standard wage to be paid for an ox driver or doctor. Others were about transactions and liability, like what happens if you damage someone else’s property while it is in your care or punishment for doctors who kill a rich patient (hands cut off) vs. a slave (financial restitution). Others were about relationships, such as divorce and reproductive behavior.
These days, we have come up with laws that are far more straightforward and far fairer across class than before. There are still problems with how we apply that law, especially when it comes to people of color, but we are not taking an eye for an eye anymore. In a lot of ways, our laws now make things more complicated than ever because we have had time to shape our laws for so long and doing so has created legal traps. For example, the podcast Serial took a look inside the way that Ohio courts apply our laws and found some stunning cases of abuse of power. In one interesting episode, they looked at the cycle of incarceration created by suspending licenses. There are a number of crimes that can result in a suspended license and those come with fines. You might get your license suspended for failing to pay child support (which you could not afford to pay), which amounts to a fine for not paying money. How do you pay more when you could not pay in the first place? This leads to more suspensions, more issues, and, in the end, puts someone in a position where they can’t show any sort of improvement. It is designed to breed recidivism over rehabilitation.
Many legal scholars deal with issues like this on a daily basis. In trying to solve one problem, we inevitably create six more. The death penalty is an okay idea in theory, but is it a great idea in practice? If there is one case where someone is innocent but gets put to death, is the death penalty worth it? In this case, we seem to have decided yes, as there have been many death penalty victims proven innocent. It is such a legal issue that some have put forth other solutions, like cryogenically freezing death row inmates and unfreezing them if they are innocent.
The interesting thing about law is that there are no right answers. Ultimately, we figure out what we are most comfortable with as people and work from there. If you want to explore the rules of society, search for law tutors near me today.
Depending on what kind of lawyer you will become, you might need different skills. The sexy lawyers on TV often go to trial and need to be strong public speakers, but a lot of trials never make it to the courtroom. Some of the best lawyers are people who are committed to study and preparedness. They say that most of the legal work happens before trial anyway, as you must figure out every possible reason why your side deserves to win as well as every possible reason they should lose. It is the job of the prosecutor to understand both their own position and their opponent and vice versa. This means that it is not the most clever that wins, although your cleverness might be why you are so well-prepared. Private law tutoring helps you convert your cleverness into preparedness.
In law, you need analytical skills and judgment. You also need a certain level of humility and empathy. You have to look at your argument as objectively as possible and play devil’s advocate with all solutions that might not fit your narrative. For example, if you are trying to prove that someone used a toothbrush as a tool to stab someone, you better be sure that it was a toothbrush that was used. If the opposing lawyer comes in and says that the wound came from a sharpened pencil and can produce a similar wound, your argument is completely undermined. You want to be sure that what you put forth is something that is actually true.
You also need to have great attention to detail as a lawyer. In many cases, you are allowed access to information as part of discovery, but a common tactic is to give all possible information and force the opposing attorneys to sort for the relevant information for themselves. It can be like a giant word search where you do not know the number of words or what you are searching for, which seems like a nebulous mission. That is why lawyers prepare with past cases to see what they might look for that has been used to win in the past and what mistakes lost cases in the past.
One of the most famous legal victories and one of the most famous failures come on either side of the OJ Simpson trial. Depending on what you believe, you might think that Johnnie Cochran pulled off some of the greatest legal trickery of all time, convincing a jury that there was enough reasonable doubt to let OJ walk free. On the other side, you have the prosecutors, who botched the biggest case of their careers. Law schools still look at this case as a lesson in the burden of proof and using reliable witnesses. There were enough mistakes in the chain of custody with evidence that it could all be compromised. Meanwhile, they used a key witness in Mark Fuhrman who had a long history of negative comments concerning race. When you consider all of the factors, it is a great example of what bad law looks like.
If you want to make sure that you are not in Marcia Clark and Chris Darden’s position, search for law tutoring near me.
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