Harlin, First Day This class is practical. This class requires a lot of work. Talk to professor. Life of a Case 1. Dispute 2. Client Meeting (Factual and Legal Analysis) 3. Pleadings (File a complaint, get and answer) 4. Discovery (Take depositions, or written discovery) 5. Pre-Trial Motions (Summary Judgment, Motion in limine) 6. Trial 7. Appeal 8. Appeal to Higher Court
Balanced Analysis or Persuasive Writing
Assignment #1, p12
1. No he was not justified in killing Jones simply to increase the likelyhood of his survival. If that was the case then we would open up a huge can of worms. At the time of murder he did not know when they were going to be rescued, it could have been in the next few hours or years. 2. (a) . . . if you find the killing necessary and reasonable for the preservation of his life, and the resulting death necessarily inevitable.
1st day of Small Section Westlaw Training, Wed 8/27, 10:20 Lexis Training, Wed 9/10, 10:20 Do chapters 1 and 2 in ICW for next week. Homework for next section: log onto icw.lexisnexis.com Review instructions Do exercises 1 and 2 When you finish the results online: a) email results to yourself and save them
b) print-out Completion certificates and bring to class Reporter is a compilation of cases in one court Party 1 v. Party 2 (underline it or italicize) comma name of reporter page no court name date Nelson v. City of Las Vegas In re Guardian Cas. Co. Goss v. Lopez, 419 U.S. 565 State v. Boceski, 53 P.3d 622 8/28/03 General Rule: Indicate the Court Location and Name and then the Date decided Note: 1. Omit Court Name if it is the HIGHEST court in the jurisdiction 2. State Cases a. If the Reporter only publishes cases decided by only the state’s highest court, then omit the Court Location and Name (State Reporter) b. If it is a Reporter that publishes cases decided by more than the state’s highest court, then omit Court Location, but keep the Court Name (State Reporter) c. If it is a Regional Reporter, then you need both the Court Name and Location (Regional Reporter) 3. Federal Cases a. Unless it’s the U.S. Supreme Court, you cite to the Court Name ICW, Ex. 3, No.1 Hawkins v. McGee, 146 A. 641 (N.H. 1929).
IRAC MEMO p.73 in White Book. READ Ch. 11 to give us a big picture of the office memo. Heading
Issues Brief Answers Statement of Facts Discussion (IRAC) Conclusion.
Issue – First Draft Can a group of individuals recover damages for emotional distress on a claim for a breach of a collective contract? Rule – Get Organized (Calleros p. 128) Find the law Primary Sources o Constitution o Statues o Treatises (Restatement) (UCC) o Cases – Brief Secondary Sources o Books o Law Review Articles General Rule: No mental distress damages for breach of contract claim Exception: where the breach is particularly likely to result in serious emotional distress, some courts have allowed punitive damages Rule – Cases Two ways to use cases Analogize a case that goes your way Distinguish a case that goes against you Two ways to cite to a case Direct Quote Paraphrase Henderson – holding no punitive damages where the mental pain was the direct result of the pecuniary loss suffered Fogleman – holding no award of emotional distress damages for typical employment contract case -Distinguish case In dicta, stating that where the wrongful conduct was both a breach of contract and a tort, emotional distress damages may be allowed Browning – holding that an individual can recover for mental pain of a breach of contract if the mental pain caused actual damage
ISSUE -- RE-DRAFT 9/11/03 Check out Calleros p 205-215 for help. 1) 2) 3) 4) 5) 6) Heading Issues/Questions Presented Brief Answers Statement of Facts Discussion (IRAC) Conclusion
IRAC 1) Issue – restate 2) Rule – General Statement of the Rule a. Farnsworth Treatise b. Explain Cases – Make a Case Chart 3) Application of the Rule a. Here, the facts are analogous to Browning and distinct from Henderson and Fogelman. b. Analogize Browning c. Distinguish Henderson d. Distinguish Fogelman e. Give balanced analysis 4) Conclusion a. Explain possible out-come i. On balance, the Court may come our way because b. Footnote about bringing tort and contract claims as in Fogelman Conclusion 1) The court is likely to give emotional distress damages 2) Focus on what to do next a. Factual investigation of significance of events b. Factual investigation that Udave knew of special circumstances when contracting 1) 2) 3) 4) 5) 6) 7) Read the Assignment Draft an Issue Statement Read and Brief the Cases Re-Draft the Issue Statement Outline your Memo Write the First Draft of your Memo Re-Write, Re-Write
Simplify Avoid Nominalization – The judge decides not the judges decision was. Use familiar, concrete words –