Drafting Submissions: Difference between revisions
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[[Category:Legal Writing]] | [[Category:Legal Writing]] | ||
==Understanding the Theory of the Case== | ==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 | * Gather all the facts of the case | ||
| Line 8: | Line 16: | ||
* Construct a plan to enter the evidence into the hearing | * Construct a plan to enter the evidence into the hearing | ||
* Write an analysis of the case | * 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. | |||
Latest revision as of 19:26, 7 January 2021
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.
