LAW401 Lecture Notes - De Interpretatione, Legal Realism, Liam Hemsworth

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11 Mar 2014
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It is important that you read each case a few times, to grasp the subtleties of the case. Keep these questions in the back of your mind. Be ready to have the following elements of each case ready: the name of the case, the parties, the name of the court, and date of the case, the issue or question presented. This may or may not be stated in the case: the legally operative facts. These are the facts that the case hinged on. If the car was blue, and the color of the car was irrelevant to the outcome, then do not mention the color of the car, for example. By focusing on only on the legally operative facts, you will sharpen your eye for the analogies and distinctions between different cases. Ask yourself when writing down the facts, would the case have changed had this fact not been there: the outcome or judgment: who won, the holding.

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