It also will allow the reader to find certain sections quickly. 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. They are generated by legislatures, courts, and administrative agencies. JavaScript seems to be disabled in your browser. Convenient, Affordable Legal Help - Because We Care! Appellee was appointed as the minor’s residential and legal custodian. Basically, you are "issuing a legal opinion." A technical proposal is coined as a statement of work. She required 24 hour care. (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. Wolfe v. Wolfe, (1976), 46 Ohio St. 2d 399; 350 N.E.2d 413 (1976). Chap 7: Formulating a research topic. This might Ohio  Rev. 3105.18 stipulates the procedure for award of spousal support.§3105.18 Award of spousal support; modification, reads in relevant part: (A). Here are three examples of introduction paragraphs. 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. References. Many of the arrested juveniles are members of organized criminal gangs. (b) Is invoking or rendering of advisory opinion more a function of the President than the jurisdiction of the Supreme Court? See a good example of a research proposal (PDF, 0.09 MB). 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. Code  Ann. Start with secondary materials. Law Search Guide: Legal Research Examples. File Format. Other LME3701 Research Portfolio Example. 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. Therefore, we hold that in making a sustenance alimony determination, the court must consider all the factors listed in R.C. “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. 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. However, all the statutory factors must be considered. During the pendency of any divorce, or legal separation proceeding, the court may award reasonable temporary spousal support to either party. 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 materials are a review of and supplement to the 1L Legal Research & Writing course, but these resources will also assist upper level students engaged in any legal research project. 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. 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. Legal research is "the process of identifying and retrieving information necessary to support legal decision-making. You'll find detail on secondary sources, including help in finding them, in the next section of this guide. 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. In divorce and legal separation proceedings, upon the request of either party and after the court determines the division or disbursement of property under section 3105.171 [3105.17.1] of the Revised Code, the court of common pleas may award reasonable spousal support to either party. An example of a simple research question may be: Do court clerks improve the judicial process? 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. The  marriage  is  of  relatively  short  duration,  and  though  normally,  in  such  circumstances, a spousal  support award would  be  just a  few  years, in this  case,  client  is seeking spousal  support indefinitely  because of the  likely  inability of the  mother to ever work outside of the  home, given the needs of the child. We can provide you with complete dissertation writing on law topics in human rights locally or internationally at an affordable cost. Id. 3d 205; 671 N.E. 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. 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. LEXIS 4447, the appellant husband and appellee wife had a severely handicapped minor child. Additionally, the court retained jurisdiction over the issue of spousal support. OR How do court clerks improve the judicial criminal process? 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. The processes of legal Research vary according to the country and the legal system involved. Definition, Characteristics, Advantages, Disadvantages, 4 Steps of Designing Competitive Intelligence System, How Do You Become a Criminal Defense Attorney, Research: Definition, Characteristics, Goals, Approaches, Sole Proprietorship: Definition, Features, Characteristics, Advantage, Disadvantages, ← Clinical Research: Definition, Examples, Education Research: Definition, Examples →, Finding primary sources of law, or central authority, in a given jurisdiction (cases, statutes, regulations, etc. The method by which the goal is achieved cannot be reduced to a mathematical formula. Category: Law Research Paper Examples. 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. at 482. The Library runs regular free legal research training sessions which all Inns of Court members can attend. This is just a tentative title for your intended research. Legal Research Proposal Sample. 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. 3d at 322-323; Wolfe, supra, at 414; 350 N.E. It can be a problem, policy, or a reform of the existing law. You must have JavaScript enabled in your browser to utilize the functionality of this website. 2d at 1299; 20 Ohio Op. Cherry v.. Cherry, 66 Ohio St. 2d 348; 421 N.E.2d 1293 (1981). 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. Some of the factors enumerated in R.C. §  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. Searching non-legal sources for investigative or supporting information. Examples of Legal Research Amount or length of spousal support when there is a severely handicapped child. Chap 8: Refining the Topic and Writing the Research Proposal Code  Ann. Prepared and submitted reports, data, and materials as requested. (C). 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. 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. 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. 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. You then need to apply the rule to your case and draw conclusions. Research Process: 8 Steps in Research Process, Engineering Research: Definition, Examples, Agricultural Research: Definition, Examples, Population Research: Definition, Examples, What is a Company? Accordingly, appellant’s first assignment of error is not well-taken. Examples are statutes, regulations, court orders, and court decisions. Commercial Law. 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 … 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. See R.C. The  appellate  court  determined  the  record supported the conclusion the wife was  not able to become self-supporting at any time  in the  foreseeable  future  because  of  the  demands  of  caring  for a  special  needs  child  in addition  to two  other  small  children. R. C. Ann. The trial court determined the child was incapable of becoming self-sufficient. 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. Amount or length of spousal support when there is a severely handicapped child. Browse US Legal Forms’ largest database of 85k state and industry-specific legal forms. Courts in Ohio derive their power to award sustenance alimony from the statutes. For example, “Statement of the Facts,” “Questions Presented” and so on. Details. The Court in Shaffer v. Shaffer, 109 Ohio App. Sample Legal Research Memos & Briefs Topical Index: These sample legal research memos and briefs were prepared by National Legal Research Group's Senior Attorneys and are categorized by both subject matter and author. We use research proposals to match you with your supervisor or supervisor team. The primary aim of conducting clear and methodical legal research is finding the answer to a legal question in the most time effective way and knowing that you have searched in … Prepared correspondence related to alleged and confirmed violations or … 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. 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). If you are interested in the work of a specific academic at York St John University you should mention this in … You will be able to revise your title … 3105.18(B), a court may award reasonable spousal support, “as the court considers equitable,” to a requesting party. The question will require you to research the current law that relates to the problem and to apply this to suggest a solution. 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. 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. 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