Updated: Feb 25
There are several advantages for the law student and lawyers in practicing. see them.
1) Lawyers -
A) Pieadings - Rule2 - Order VI of C. P. C. states that every pleading shall contan and contaln only, a statement inconcise from of the material facts on which the pan pleading relise for his claim or defence, 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 allerge any matter of tact with the law presumes in his favour or as to whi the burden of proof lies upon the other side unless the same has first been specificl 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 38 Legl Language aid Liga Witing
b) which may tend to prejudice, embarass or delay the fair triai of the sut, or
c) which is otherwise an abuse of the process of the cout.
B) Precious time of the court
Today there are about two crore cases pending before the Indian Court's form theDistrict munsit.court to the Supreme Court cases are piled up. Every court has not time to hearunnecessary things. Hence it is the duty of advocates to produce only the necessary panicularsin his pleadings, and see that the time of the court is not being wasted by hearing unnecessary,scandalous, vexatious, trivolous matters. Unnecessary, vexatious, etc. matters consume thecourt's time This also consumes the precious time of the judges Delay causes to other casesDelay Justice is not Justice. Hence to help the noedy people, the courts should concentrate on only the material and necessary things of
The clients approach the Lawyars witha hope that they will gat the legal remedy from the courts through the advocates The clientexplains the facts of the case to the advocate. Generally the clients are laymen, They do notknow the law. They narrate every thing pertaining to the case to the advocate. Sometimes theyrepeat the same material. The Advocate shouid hear all of his cientr's verison, and should notethe points from such version, and then verity the legal paints available in that version. The vocateshould 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, saying of famous
writers or jurists or courts in support of his version. Sometimes the quotations are big. It is
highly impracticable to reproduce suoh huge quotations as they are adue to searcity of time inthe examination. Hence the student has to concise such quotations. However, in doing so, the atudent has to be very caretul and see that the original meaning should not be changed in theabstract-form.
2) Answers- Text books narrate abundant knowiedge and material. The studentcould not produce al the text book miaterial as it is in the examination. He has to divide thethree 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 andetficient way within the prescribed time and within the number of words. For this purpose he shouid concise the material.
3) Short notes- In every legal subject, essay and short questions are asked. In aimost all cases, the material is the same for both essay and short-note. It is the dutyof the student to concise the matter appropriate to the short note keeping in view the time andmarks allotted for that question. Now in the new syllabus, the number of questions on short-notehas been increased. Therefore, precis-writing helps the students to produce correct answer within the time.
4) Case-Laws - Every law student should oite certain case laws in his answer. The particulars of the case-laws are printed in Journais such as AIR, Cr LJ, SCC, Supreme Todayetc. Eace case law is given from four pages to one hundred or more pages. For a law student.It is not possible to reproduce al the case-law in entirely. Hence the abstract of the brief facts,principles and judgement 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 of the time available in the examinatian hali. It he goes on writing pages on a single case-law, than the time limit of three hours will not be sufficient even to write one question.