Drafting Submissions

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.