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briefing-notes

Page history last edited by PBworks 13 years, 10 months ago

Notes on Briefing

 

1. Issue is not just a general statement, like "plaintiff's rights were violated"

 

2. Make sure in framing the issue that you state a general legal principle - usually it is words within quotes - eg "compelling personal reasons" - note that many times the keywords are put into quotes, and it contains a noun modified by an adjective or adverb

here the noun is personal reasons and the adjective or adverb is compelling

 

3. when you find these "keywords" - you will see that it is a guideline, a measure, a standard, a type or ruler which rules whether or not the rule applies. for example, what is "compelling" - well it is more than just a common, garden-variety reason. so it is some more than usual reason. here courts and reasonable minds might different on what is "compelling" - arguments can be made pro and con, but notice at least there is some guideline i.e. "compelling" is the guideline or measure.

 

4. finding the issue is trying, in essence, to find the intersection of competing legal principles. like finding an auto accident at an intersection. the conflict or dispute arises when principles and public policies "hit into" each other.

 

5. remember behind each "legal rule", "legal principle", and "legal issue" is a "public pollicy"

 

6. Spot the "public policy" behind each legal rule and you will be well on your way to understanding the case and able to produce excellent case briefs - read about it at - http://introlaw.pbwiki.com/public-policy

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