Should lawyers focus on the letter of the law, or could the spirit of the law be more important?
by 
Austinius SillyVilles Resident Lothario
ANSWERS: 4
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Both, sort of. When the letter of the law is clear, lawyers and judges go by the letter. It is the legislative branches job to make laws, lawyers and judges just adhere to the laws they make. When the letter of the law in ambiguous, lawyers and judges look to evidence of legislative intent. This is probably what you mean by "spirit of the law."
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Both, the law is open to interpretation of the time. Every generation has its own needs that have to be addressed..
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It is the work of lawyers to follow letters, and the work of the Judges to interpret spirit.
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It depends on whose courtroom you are in. Generally, if you find yourself arguing a motion or at a hearing based on the "spirit" of the law, you're not in great shape. Some liberal judges are more receptive to spirit and policy arguments.
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