CHAPTER 3 The Starting Point: Analyzing Facts and Identifying Legal Issues.

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Presentation transcript:

CHAPTER 3 The Starting Point: Analyzing Facts and Identifying Legal Issues

The Bluebook Rule 15.8 Legal Dictionary Citations Black’s Law Dictionary 657 (7 th ed. 1999). A Legal Dictionary Citation

The Bluebook Rule 15.8 Legal Dictionary Citations

Basic Fact Categories Relevant Facts: Essential facts Relevant Facts: Essential facts Explanatory Facts: Clarify relevant facts Explanatory Facts: Clarify relevant facts Legally Unimportant Facts: No true role Legally Unimportant Facts: No true role

Factual Comparisons Factual Similarities Factual Similarities Factual Unknowns Factual Unknowns Factual Differences Factual Differences

Legal Issues Legal issues are questions presented to the court for resolution Legal issues are questions presented to the court for resolution In present cases, issues are found in the pleadings In present cases, issues are found in the pleadings Causes of action Causes of action Affirmative defenses Affirmative defenses In reporting cases, issues are often found following the judicial history of the case In reporting cases, issues are often found following the judicial history of the case

Legal Issues A properly written issue contains: A properly written issue contains: The legal question The legal question Pertinent facts related to the legal question Pertinent facts related to the legal question Seek to create a prima facie case with a properly written issue or issues Seek to create a prima facie case with a properly written issue or issues

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