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law12-presentation-chart

Page history last edited by abogado 5 years, 10 months ago

LAW 12 - PRESENTATION CHART

 

  • Important Facts: Include all facts relevant to the outcome of the case and helpful background facts that put the dispute between the parties in context. Keep the fact section short and capture the facts in your own words.

 

FACTS              

  • Procedural History: Explain how did the case progress through the lower courts.

 

PROCEDURAL HISTORY 

  • Issue: This is the question the court must decide to resolve the matter before it. Usually, the issue is stated after the facts section and is signaled by “the issue presented is,” or “the question before the court is.” A case may raise more than one issue.

 

ISSUE 

  • Holding: The holding is the answer to the issue presented. If there is more than one issue, there may be more than one holding. The holding may be signaled by “we therefore hold that,” or “the opinion of the court is.” When framing the holding and rule, be careful not to frame them too broadly or too narrowly.

 

HOLDING 

  • Rule: The court applies one or more rule(s) of law to the facts to reach its holding. Sometimes it applies an existing rule. Other times the court articulates a new rule. Sometimes the court tells you explicitly, “in this case we apply the following rule.” Other times you need to figure out what the rule is using logic: what rule must the court be applying to reach the holding? Watch out for dicta—statements made by the court that do not relate to the question actually before the court.

 

RULE 

  • Rationale: The rationale explains why the court reached its decision. The rationale applied in one case can be used in analogous cases. The rationale may include both legal and policy arguments and it may be explicit or implicit. Take note of the justice issuing the opinion.

 

RATIONALE 

  • Concurring or Dissenting Opinions: Sum up opinions briefly and take note of the justice who issued them. Whose opinion do you find most persuasive, and why?

 

CONCURRING OR DISSENTING OPINIONS 

  • Disposition. Note the final resolution of the case. Was the lower court decision affirmed, reversed and remanded, overruled?

 

DISPOSITION 

 

 

 

 

 

 

 

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