Advantages Practicing law students & lawyers
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Q1.What are the advantages for law students and advocates/lawyers practicing?
Ans-There are several advantages for law students and lawyers in practice.
1) Lawyers
A) Pieadings - Rule2 - Order VI of C. P. C. states that every pleading shall contain and contain only, a statement in the concise form of the material facts on which the pan pleading realize for his claim or defense, as the case may be, but not the evidence by which they are to be proved. Rule 13, Order VI states that neither party need in pleading allege any matter of fact with the law presumes in his favor or as to the burden of proof lies upon the other side unless the same has first been specific OR denied.
Rule 16, Order VI empowers the court to struck out or amend any matter in am pleading at any stage -
a) which may be unnecessary, scandalous frivolous or vexatious or
b) which may tend to prejudice, embarrass or delay the fair trial of the suit, or
c) which is otherwise an abuse of the process of the court.
B) Precious time of the court
Today there are about two crore cases pending before the Indian Court's from the district munsif. court to the Supreme Court cases are piled up. Every court has not timed to hear unnecessary things. Hence it is the duty of advocates to produce only the necessary particulars in his pleadings, and see that the time of the court is not being wasted by hearing unnecessary, scandalous, vexatious, frivolous matters. Unnecessary, vexatious, etc. matters consume the court's time This also consumes the precious time of the judge's Delay causes to other case delay Justice is not Justice. Hence to help the needy people, the courts should concentrate on only the material and necessary things of
C) Briefing
The clients approach the Lawyers with the hope that they will get the legal remedy from the courts through the advocates The client explains the facts of the case to the advocate. Generally, the clients are laymen, They do not know the law. They narrate everything pertaining to the case to the advocate. Sometimes they repeat the same material. The Advocate should hear all of his client's vision and should note the points from such version, and then verify the legal paints available in that version. The advocate should write all such version in points-wise. This is nothing but precis-writing
2) Law Students
1) Quotations - at The Law student has to quote certain maxims, proverbs, sayings of famous
writers or jurists or courts in support of his version. Sometimes the quotations are big. It is
highly impracticable to reproduce such huge quotations as they are due to the scarcity of time in the examination. Hence the student has to concise such quotations. However, in doing so, the student has to be very careful and see that the original meaning should not be changed in the abstract form.
2)Answers- Textbooks narrate abundant knowledge and material. The student could not produce all the textbook material as it is in the examination. He has to divide the three hours time. He gets only twenty to thirty minutes time for a question. His writing speed is ten to thirty words per minute. Hence every student should write the answer in an abstract and efficient way within the prescribed time and within the number of words. For this purpose, he should concise the material.
3)Short notes- In every legal subject, essay and short questions are asked. In almost all cases, the material is the same for both essay and short-note. It is the duty of the student to concise the matter appropriate to the short note keeping in view the time and marks allotted for that question. Now in the new syllabus, the number of questions on short-note has been increased. Therefore, precis-writing helps the students to produce correct answers within time.
4)Case-Laws - Every law student should site certain case laws in his answer. The particulars of the case laws are printed in Journals such as AIR, Cr LJ, SCC, and Supreme Today. Each case law is given from four pages to one hundred or more pages.For a law student. It is not possible to reproduce all the case law entirely. Hence the abstract of the brief facts, principles, and judgment of the important case-lawe are to be written in the examination. For this purpose, the student has to concise the matter keeping in view the time available in the examination hall. It he goes on writing pages on single case law, then the time limit of three hours will not be sufficient even to write one question.
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