Law new is a concept that is growing in popularity among legal firms. This is because this type of practice can offer a way for them to expand their service offerings without impacting their core business areas or creating a need to increase the size of their staff. The concept of law new is one that all lawyers need to take the time to understand so they can begin to harness the potential for growth and client satisfaction that it has to offer.
The word new is used in a number of ways to describe something that has just been developed or created, or that is of recent or fresh origin. However, it is most commonly used in reference to a new legal concept or procedure that is being introduced or put into use.
New laws can be enacted by legislative bodies or created through judicial decisions. They can also be based on existing laws or precedents, or may be completely original. The new law may be a statute, rule, or precept, but all of these are meant to suggest a principle governing action or procedure. Law implies imposition by a sovereign authority, and the obligation of obedience on the part of those subject to that power. Rule implies more restricted or specific guidance, and precept suggests an advisory not obligatory matter communicated typically through teaching. Statute implies a law enacted by the legislative body of a state or country.
When a case is argued in court, judges will often use the principles established in earlier cases that have similar facts and legal issues. This is known as “following precedent.” However, it is possible to challenge a case’s application of precedence by arguing that the earlier case was wrongly decided or differed in some significant way from the current law.
In order to locate and read the history of a new law, it is necessary to consult a variety of sources. The most basic of these is the Consolidated Laws. It is possible to determine the year and chapter where the law is located, its amendments, and its historical and statutory notes. The law may also be cited in McKinney’s Session Laws, which lists changes in the wording of the original law by subsequent amendments, and in the Library of New York State Documents. The latter publication contains memoranda from executive, legislative and judicial officials, including committee actions, on the subject.
In addition, it is important to consider any scholarly studies that have been written about the new law. These can be found in legal encyclopedias, WESTLAW and American Digest System, and in law review articles. Other sources to be considered include memoranda from the Attorney General’s office, and reports of commissions and task forces that have studied or analyzed the subject. These are usually located in the State Archives and may be retrieved from the reference desk. It is also important to check for any New York State regulations that have been drafted based on the new law.
