Draft in United States
Draft
Draft Definition
The common term for a bill of exchange.
Legislative Drafting
According to the book “Legislative Drafter’s Deskbook”, by Tobias Dorsey, “legislative drafts can fail for two reasons. Some fail because of poor communication while others fail due to a lack of imagination. Whenever there is a lack of communication, in most cases the draft is simply not clear. Common sense editing can usually resolve this problem. Whenever there is a lack of imagination, the draft is simply not adequate. These types of problems are usually not as visible to the naked eye and the appropriate resolution to this problem is thinking through the policy.
The writing portion of drafting legislation is certainly important, but the more time-consuming aspect of the task is thinking through the policy. When policy is not thought out properly, the result is additional work for judges and the distinct possibility that the policy will not work effectively. A policy that is not well thought out may not respond to the problem or it may result in unintended side effects. Controversy and confusion can occur as a result. Thinking through the policy before putting pen to paper or finger to keyboard is critical .
There are seven elements associated with thinking through policy. They are:
Engaging the client
Figuring out the problem and the objective
Asking for details
Researching the facts and law
Analyzing alternatives
Creating a coherent solution
Conducting a reality check
Information can always be wrong, facts can shift and laws can overlap one another. When drafting legislation, the client has likely approached you with a prejudged sense regarding what must be accomplished. This should not be taken at face value. While you should respect it, it is imperative that you do not accept it. Clients often do not properly think through policy. They may even be operating on the recommendation of a third-party. At this point, what the client needs most from you is independent, critical thinking.
Take the time to be skeptical and question all assumptions. Imagine possible resulting scenarios. Utilize good judgment. While your client may not always have the time or the patience, you want to provide answers that your client needs to hear, not necessarily what they want to hear.”
The Perils of Ineffective Thinking
This section provides information about The Perils of Ineffective Thinking .
Problems of Application
This section provides information about Problems of Application .
Problems of Transition
This section provides information about Problems of Transition .
Problems of Administration
This section provides information about Problems of Administration .
Problems of Enforcement
This section provides information about Problems of Enforcement .
Problems of Prediction
This section provides information about Problems of Prediction .
The Elements of Thinking Through the Policy
This section provides information about The Elements of Thinking Through the Policy .
Engaging the Client
This section provides information about Engaging the Client .
Figuring Out the Problem and the Objective
This section provides information about Figuring Out the Problem and the Objective .
Asking for Details
This section provides information about Asking for Details .
Researching the Facts and Law
This section provides information about Researching the Facts and Law .
Analyzing Alternatives
This section provides information about Analyzing Alternatives .
Creating a Coherent Solution
This section provides information about Creating a Coherent Solution .
Conducting a Reality Check
This section provides information about Conducting a Reality Check .
Two Ways to Test Legal Rules: The Actor-Action Model and the If-Then Model
This section provides information about Two Ways to Test Legal Rules: The Actor-Action Model and the If-Then Model .
The Actor-Action Model
This section provides information about The Actor-Action Model .
The If-Then Model
This section provides information about The If-Then Model .
Tools for Thinking, Not Writing
This section provides information about Tools for Thinking, Not Writing .
The Major Types of Legal Rules
This section provides information about The Major Types of Legal Rules .
Law Is a Vast System of Legal Rules
This section provides information about Law Is a Vast System of Legal Rules .
Rules of Command
This section provides information about Rules of Command .
Rules of Discretion
This section provides information about Rules of Discretion .
The Complex Interplay between Commands and Discretion
This section provides information about The Complex Interplay between Commands and Discretion .
Rules of Stipulation
This section provides information about Rules of Stipulation .
How the Types of Rules Can Overlap
This section provides information about How the Types of Rules Can Overlap .
Commands That Are Not Mandatory: Hortatory, Precatory, and Directory
This section provides information about Commands That Are Not Mandatory: Hortatory, Precatory, and Directory .
Discretion That Is Not Unfettered
This section provides information about Discretion That Is Not Unfettered .
Considering the Constitution
This section provides information about Considering the Constitution .
Sources of Power
This section provides information about Sources of Power .
Limitations on Power
This section provides information about Limitations on Power .
A Word of Caution
This section provides information about A Word of Caution .
Parliamentary Issues
This section provides information about Parliamentary Issues .
Budgetary Issues
This section provides information about Budgetary Issues .
Draft in Foreign Legal Encyclopedias
Link | Description |
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Draft | Draft in the World Legal Encyclopedia. |
Draft | Draft in the European Legal Encyclopedia. |
Draft | Draft in the Asian Legal Encyclopedia. |
Draft | Draft in the UK Legal Encyclopedia. |
Draft | Draft in the Australian Legal Encyclopedia. |
When starting research in the law of a foreign country it is often essential to have some sense of what publications are available and in what sources research is best conducted. The Encyclopedia has several Guides to Sources of Basic Legislation which describes resources in international and foreign law, including digests, legislation, codes and secondary sources. There is also a set of surveys of the legal systems of more than 100 jurisdictions, including history, major legal concepts and the structure of the court system.
Browse the American Encyclopedia of Law for Draft
Scan Draft in the appropriate area of law:
Link | Description |
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Draft | Draft in the Family Law Portal of the American Encyclopedia of Law. |
Draft | Draft in the IP Portal of the American Encyclopedia of Law. |
Draft | Draft in the Commercial Law Portal of the American Encyclopedia of Law. |
Draft | Draft in the Criminal Law Portal of the American Encyclopedia of Law. |
Draft | Draft in the Antritrust Portal of the American Encyclopedia of Law. |
Draft | Draft in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
Draft | Draft in the Constitutional Law Portal of the American Encyclopedia of Law. |
Draft | Draft in the Tax Law Portal of the American Encyclopedia of Law. |
Draft | Draft in the and Finance and Banking Portal of the American Encyclopedia of Law. |
Draft | Draft in the Employment and Labor Portal of the American Encyclopedia of Law. |
Draft | Draft in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
Draft | Draft in the Environmental Law Portal of the American Encyclopedia of Law. |
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Draft related entries | Find related entries of Draft |
Legal Issue for Attorneys
The common term for a bill of exchange.
This definition of Draft Is based on the The Cyclopedic Law Dictionary . This entry needs to be proofread.
Draft in the International Business Landscape
Definition of Draft in the context of U.S. international business and public trade policy: Document demanding payment from the buyer.
Draft
Resources
See Also
Bill of Lading