Legal Writing week 1-2.odt - Danielle Tanis Professor Dennis Week One Chapter Assignments Chapter 9 Page 324 1 There are four steps in determining the

Legal Writing week 1-2.odt - Danielle Tanis Professor...

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Danielle Tanis November 25, 2016 Professor Dennis Week One Chapter Assignments Chapter 9 – Page 324 1. There are four steps in determining the key facts in a client’s case: Step 1 – Identify each cause of action possibly raised by the facts. This preliminary identification is usually based upon education and experience and does not usually require any research. Step 2 – Determine the elements of each cause of action identified in step 1. Focusing on one issue at a time avoids any misunderstanding that may occur when dealing with multiple causes of action that may have overlapping elements. Step 3 – List all the facts (Key Facts) possibly related to the elements of the causes of action identified in step 2. The key facts are facts of the client’s case that would apply to either establish or satisfy the elements of each cause of action. Steps 1 and 2 are used to identify the law that has to be included in the issue and step 3 identifies the facts that must be included in the issue. This step is necessary in order to state a claim and subsequently acquire relief. Step 4 – Determine which of the client’s facts applies to establish or satisfy the elements of each cause of action – the key facts. This step is deemed as the easiest of all steps. Here we would gather and assemble the elements of the issue from the law and the key facts identified in steps 2 and 3. 2. There are three recommended steps for identifying the key facts in a court opinion: Step 1 – Read the entire case with the following general question in mind: “What was decided about which facts?” The key facts in a court opinion are facts necessary to the decision that is reached by the court Step 2 – Look to the holding. The holding is the court’s application of the rule of law to the legal question raised by the facts of the case. It is the court’s answer to the legal question. Step 3 – Identify the facts necessary to the holding – the key facts. This step is composed of 2 parts: List all facts in any way related to the holding. Identify which of the listed facts are actually key facts. 3. Flowers v. Campbell – Background facts
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Plaintiff accused defendant of charging him more money ($12.99) for a lock that had been advertised for less ($9.97). Plaintiff admits that he and the defendant were involved in a verbal exchange right before the fight. Plaintiff was 62 years old at the time of this incident. Defendant was 33 years old. Plaintiff sustained a broken arm and a detached retina. The defendant sustained a broken jaw. United States v. Leon – Background facts The police were initially tipped off by an informant with unproven reliability. Based on the information given by the informant, the police conducted an extensive investigation focusing on the places of residence that were given.
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