LAW405A Lecture Notes - Hotel Macdonald, Faithful Companions Of Jesus, Law Reports
Document Summary
Justice cote: legal research , write persuasively. Persuasive more or less opposite of loud mouth showoff: no writing is worth anything unless it is designed for and served a purpose. Writing style: use plain english, average words per sentence: 21 words, subject, verb, and object(?) together, prefer use of active voice over passive voice, turn words that end in ion into verbs, avoid multiple negatives. Plain language, simple sentences, precision, research, getting facts right. Relatively short, complete answer, give to clients or reply on in courts. Logic, reasoning, showing how you arrive at your conclusion. Who appealed what did lower court do. What"s it"s use of precedent: 1 3 sentences, commentary, dissenting or minority judgment that raises important issue. Obiter not essential (scc obiter very valuable) Fact and issue determination 1: gathering facts, sorting as relevant or irrelevant, legal problem solving, assessing facts. Legally necessary facts may change as case progresses. May go back and revise what is relevant.