Drafting Submissions
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Summary of the Case
- In one or two sentences define what the case is all about.
Legal Issues
- Define the core legal issues that you believe the adjudicator has to decide.
- What are the legal issues that have to be decided?
- What are the findings of fact you are looking to have made?
Understanding the Theory of the Case
- Gather all the facts of the case
- Identify the legal issues raised by the facts
- Research and outline the relevant law
- Construct a plan to enter the evidence into the hearing
- Write an analysis of the case
Analysis
- Most, if not all legal issues can be understood in terms of legal tests. A legal test determines if the adjudicator can decide if a legal principle has been triggered or if a given finding can be made.
Legal Tests
- Define what your core legal theory is of the case
- Define the legal tests that have to be met to draw the conclusion you are looking for
- justify how the facts of your case meet the legal tests that you have just written about
- Explain to the adjudicator how to come to the conclusion you are seeking in your application or submissions.
