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
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.

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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
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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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