Types of legal information
The activity of distributing all legal information into separate groups (classes and types) according to certain criteria (classification) depends not only on the nature of the formation of legal information, but also on its significance for legal activities for its implementation.
The formation of legal information is the result of reflection of legal reality in the mind (lawmaking activity) of authorized state bodies, development and adoption norms (image, model) of law, normative legal acts (as a set of norms), as well as their publication.
The legal information includes, for example, a large array of local regulations that the employer accepts within its competence and in accordance with laws and other regulatory legal acts (Article 8 of the Labor Code of the United States). Local normative acts contain norms of labor law (information on the rules of conduct in the labor process). Normative legal acts and normative acts of local regulation in law are generally considered to be sources of legal information.
Legal activity on the implementation of legal information is considered to be the activities of state bodies for the application, enforcement and use of the law. Such state bodies implement legal information, formalizing the results of their activities in the form of a legal document (law enforcement act), which has legal meaning, ie. capable of causing the emergence (termination) of rights or obligations. Among the named state bodies are judicial, law enforcement and other law enforcement agencies. Each of them within the framework of its competence accepts legal documents.
We note that the executive bodies of state power are authorized not only to apply, execute and use the norms of law, but also independently to take them (publish), i.e. to form. In addition, legal information is ground for legal activities and legal documents accepted by government bodies, as they must be legal, i.e. based on the rule of law.
In other words, such legal enforcement information is closely connected and of great importance for legal activities and legal decisions. Therefore, legal information is not only the source of the right, but also the ground of law enforcement in legal activities and the execution of its results. The existence of strict cohesion gives the legal norm with the act of its implementation to the information contained in the act of enforcement, legal character.
Thus, the main criterion for classifying legal information is the possession of its source of law, quality by an additional criterion - connectivity rule of law with legal activity.
Therefore, it is hardly correct to refer to legal information absolutely all information about the events in the legal sphere and the facts of the existing reality, since not all such information is the nature of the source of law and not all of them are strictly related to legal activities and are of legal significance. The most correct is to refer to legal information only those information about the legal sphere and legal activities that are closely related to the adoption of legal decisions and the results of legal activity.
The legal information includes all regulatory legal acts and documents having a legal nature, directly related to the results of law enforcement and other legal activities.
However, it is impossible to artificially and rigidly restrict legal information to the framework of officially accepted legal information (normative legal acts, judicial acts, law enforcement acts), since the legal sphere as a spatio-temporal field of human activity connected with law is structurally complex a diverse and multifaceted form of being.
The opinion prevails in the legal literature that the legal positions of the higher courts, formulated in the acts (rulings and definitions), have the character of the source of law and are of legal importance for the formation of legal norms (as an image, model of the rule of behavior), since > the law-creating consciousness of the ruling subject is not so much the individual consciousness of the individual lawyer as the general spiritually-volitional environment of reflection of legal reality and legal existence .
These sources of law include the conclusions, decisions and rulings of the Constitutional Court of the United States related to the verification of the constitutionality of laws, by-laws, treaties, the resolution of disputes over competence, and the interpretation of the US Constitution (128, 64). This is correct, because on the basis of these judgments, the rule of law is formed or the legal information already accepted is being corrected as a source of law. If the normative legal act or its separate provision (norm) is recognized unconstitutional, the Constitutional Court of the USA decides on the loss by such act of legal force and its further non-application, i.e. recognizes it as defective and unlawful.
In other words, the legal provisions of these judgments create the basis for legal consciousness of the legislator - a public body that has the ability to develop rules of law and issue normative legal acts.
The legal activity related to the implementation of the rules of law includes actions aimed at creating information that has a mediated legal meaning. Such activities are related to the official and judicial interpretation of the law, the generalization of judicial practice and the publication of documents of the highest judicial bodies (the Supreme Court of the United States and the Supreme Arbitration Court of the United States) explaining the disputable legal provisions (information) contained in the rules of law. Usually, based on the results of such generalizations of judicial practice, the collective body (plenum) adopts a decree that is sent to the courts for compulsory use. Often, as a result of generalizations of judicial practice, draft laws are being drafted and introduced to the legislator with a view to supplementing or changing existing normative legal acts.
Such documents of the judiciary, undoubtedly, possess the nature of legal information, since they have legal significance either for the formation of legal norms (as an image, model of the rule of conduct) or for its mandatory application (in case of official judicial interpretation). In this way they also form the law-making or law-enforcement consciousness of the ruling entity and refer to the legal information of an indirect nature or second-level legal information.
Finally, in law enforcement activities in specific legal cases, documents that are of a legal nature are often formed. For example, these are decisions of investigative bodies and inquiry agencies that complete the legal process without referring the matter to the court. They provide a legal assessment of events when the fact of the act is recognized and the guilt of the subject is recognized, but due to the insignificance of the harm caused, a person is released from criminal or administrative persecution. Such decisions may have legal significance in case of their use in civil proceedings when deciding on the issue of compensation for material or non-material damage in civil procedure.
In addition, the legal process often uses the conclusions of experts and experts, also having legal significance for the final judicial decision. In the practical work of the judiciary, the doctrinal interpretations of legal scholars, made in the form of conclusions, are essential for the resolution of legal matters. Such conclusions, for example, take place when considering legal cases in the US Constitutional Court, the US Supreme Court and the US Supreme Arbitration Court. In the above-mentioned conclusions of doctrinal interpretation, one often estimates the legal uncertainty of certain norms and normative legal acts (legal collisions). They also participate in the formation of lawmaking or law enforcement consciousness and relate to legal information of an indirect nature.
Based on this, legal information is quite acceptable to be divided into several levels.
First level of legal information:
• Normative legal acts (laws and by-laws) and normative acts of local legal regulation;
• Decisions and definitions of the Constitutional Court of the United States related to the verification of the constitutionality of laws, bylaws, treaties, and similar judicial decisions of regional (constitutional, statutory courts of the United States) judicial bodies;
• law enforcement acts as the results of law enforcement and other legal activities of state bodies having a legal nature.
Second level of legal information:• decisions of plenums of the highest judicial bodies (the US Supreme Court and the Supreme Arbitration Court of the United States) explaining disputable legal provisions (information) contained in the norms of law;
• Decisions of investigative bodies and bodies of inquiry, completing the legal process without referring the case to court.
Third level of legal information:
• the conclusions of experts and specialists having legal significance for the final judicial decision;
• the conclusion of the doctrinal interpretation of legal scholars, which provides a legal assessment of the legal uncertainty of certain legal norms and legal acts (legal conflicts) to be applied in the judiciary.
In addition, in the legal sphere, professional lawyers form and use a large body of information that is important for various forms of legal activity, including rule-making, law enforcement, law enforcement, scientific and educational, etc. Such information does not have legal features, but has essential for the formation of intellectual-strong-willed bases of legal activity and therefore has a legal significance.
Such information of legal significance for legal activities, for example, are:
• Statistical legal information - quantitative relations (information) about legal facts, events and processes, as well as their significant parameters characterizing legal phenomena and legal activity;
• operatively-search information - information about people or material objects being in search, as well as knowledge of criminal acts and persons who committed them in documentary media;
• Information of civil law contractual nature, which contains information on the conclusion and execution of civil law contracts, as well as other information on the forms and ways of protecting the rights of citizens;
• scientific and educational legal information - information contained in scientific documents (dissertations, monographs, articles, reports, comments, scientific reviews, textbooks and other materials where there is legal knowledge).
Based on the above classification, it is considered that the main types of legal information are normative and non-normative legal information.
The most common type of legal information, i.e. information related directly to the rules of law are normative legal acts of different levels and varieties (international legal documents, federal regulations, regional regulatory legal acts and regulations of local governments ). The normative acts of local legal regulation, judicial decisions of the Constitutional Court of the United States and regional (constitutional, statutory courts of the constituent entities of the United States) judicial bodies, which are recognized as unconstitutional and forfeit laws, by-laws and contracts, are also referred to normative legal information.
Non-normative legal information
This form includes official legal acts adopted by government bodies and judicial bodies in the course of their enforcement functions and directly related to the implementation of the rules of law. These are, for example, decisions and orders of the executive authorities on the basis of which the rights and interests of subjects of law are realized, as well as acts of justice.
A huge array of unofficial information of the legal nature of the judiciary - published resolutions of plenums of the highest judicial bodies (the Supreme Court of the United States and the Supreme Arbitration Court of the United States) explaining the disputable legal provisions (information) contained in the norms of law also applies to the non-normative legal information. This information refers to the legal because due to the fact that the higher courts generalize the officially adopted acts of justice and especially their content, they orient the judicial and other law enforcement agencies to the most correct legal qualification of numerous legal situations, i.е. correct application of the current legislation.
In addition, non-normative legal information includes documents on the results of legal activity, decisions of investigative bodies and bodies of inquiry that complete the legal process without referring the case to the court, which have legal significance and which give a legal assessment of the actions of subjects of law. >
The official (documented) conclusions of experts and specialists, as well as the conclusions of doctrinal interpretation of legal scholars on various problems of public life, can refer to non-normative legal information.
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