Some tips on getting started with legal writing and analysis.
Patricia sues Daniel in federal district court over money that she says he owes her. She wins her case. Patricia appeals to the U. Supreme Court, and the court refuses to hear the case.
Patricia attempts to sue Daniel a second time in the state court system over the same issue of the money she says he owes her. Does the fact that Patricia took her case to the highest federal court and lost prevent her from starting the same case in a state court?
Civil Procedure questions quite naturally focus on whether a plaintiff or defendant has correctly followed the rules in bringing a case to court.
Civil Procedure generally does not focus on the substance of the dispute - i. The principle of res judicata states that once a final judgment on the merits has been made on a particular case, the plaintiff is barred from bringing that same case against the same defendant in the same or different court.
Since Patricia appealed the case to the highest court, a final judgment is considered to have been made on the matter. She has exhausted all of the potential appeals by going to the highest court which has ruled on her case. If she attempts to bring the same cause of action i.
Criminal Law Hypothetical Facts: Carl knows that Vince has a home office in which there is expensive computer equipment. Is opening an unlocked door to a building at twilight to commit a theft sufficient to constitute a charge of burglary?
The common law requirements for a burglary are that there be: No actual breaking of the door or lock is necessary. Elements 2, 3 and 4 Carl clearly entered the house, which is not his own. The house is considered a dwelling since Vince regularly uses the house for sleeping purposes.
Notice how methodically each element is proven using the facts provided. Even though something like entering seems self-evident, the fact that the defendant actually crossed the threshold has to be stated in order for the legal analysis to be complete.
Vince is probably subject to a charge of burglary even though it was not technically nighttime and the door was unlocked. Peter and Doug are neighbors who hate one another. One day, Doug is nailing some boards together on the common sidewalk that he shares with Peter.
In a classic slapstick comedy move, Doug picks up a board just as Peter is passing behind him and swings around so that the back end hits Peter in the head.Questioning the facts as they are presented only adds confusion to your analysis.
Legal Analysis and Reasoning Once you understand the facts given in the case problem, you can begin to analyze the case. Recall from Chapter 1 that the IRAC method is a helpful tool to use in the legal analysis and reasoning process.
The IRAC format, when followed in the preparation of a legal memorandum, helps ensure the clear communication of the complex subject matter of legal issue analysis" (Legal Research, Analysis and Writing, ). Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest.
The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again.
The IRAC method is a framework for organizing your answer to a business law essay question. The basic structure is: I ssue, Rule, Analysis, and Conclusion. The IRAC Formula. IRAC (Issue, Rule, Analysis, and Conclusion) forms the fundamental building blocks of legal monstermanfilm.com is the process by which all lawyers think about any legal problem.
The beauty of IRAC is that it allows you to reduce the complexities of the law to a simple equation. Case Analysis of Laurence Godfrey v. Demon Internet Limited. By Yaman Akdeniz, has resulted in a substantial divergence of approach between American and English defamation law.
For example in innocent dissemination cases in English law the Defendant publisher has to establish his innocence whereas in American law the .