LAWS123 SUMMARY NOTES

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Department
Law
Course
LAWS 123
Professor
Catherine Iorns
Semester
Spring

Description
September 20, 2013 [LAWS 123 TEST CHEAT SHEET] Breakdowns Each requirement on a separate line  Generally one noun verb or adjective on each line.  Words like 'any' 'in' etc go with any word as they cannot be satisfied by themselves usually  Must be able to ask a sensible question of each line.  Disjunctives - Separate lines 'and'  Conjunctives - Same line 'or' Put 'ors' in capitals and ones that you add in for added clarity in square brackets. e.g. removes, takes or carries = removes [OR] takes or carries State the issue Example: is “food” limited to any nutritious substance taken to maintain life and growth or can it include liquids taken for this purpose? Criteria: Phrased as a question “is a *noun+ limited to… or can it include…?” “when a person *verbs+ something, are they limited to… or can they also…?” “when a person *verbs+ something, are they limited to… or is it sufficient that they…?” Has 2 limbs (LABEL THESE X, WIDE, Y, NARROW) Neutral element that sides agree on – can be from dictionary Uses the same word as in the legislation in the same sense and part of speech If a person [verb] something, is it necessary to [neutral element] [distinction] (narrow def/pros) or is it sufficient for [neutral element] whether or not [distinction] (wide def/pros)? Is [noun] limited to [neutral element] [limiting factor] or can it also include [neutral element] regardless of [limiting factor]? Dictionary Don't overcomplicate it and explain it thoroughly nothing is too small to include. Primary meaning is strongest. Only write down the definitions that you will actually talk about and make sense for the issue. Narrow limb has to exclude the wide.  Who it supports  Because it says this... September 20, 2013 [LAWS 123 TEST CHEAT SHEET]  And this suggests .....  What does this suggest about the other limb....  Therefore this argument supports limb/party.... Useful phrases: This definition supports the pros/def by effectively setting out exactly the interpretation the pros/def is arguing for This definition offers some support to both sides. While the words … suggest the issue word is limited in scope to …, the words … suggest it is wide enough to include … The dictionary definition has no bearing on the issue and is therefore inconclusive Structure:  The defence/prosecution would argue that the main sense of the dictionary definition supports the wide/narrow limb, as it describes (issue word) as …  The prosecution/defence would argue that [the sub sense of the definition supports the narrow/wide limb]/[their limb is not excluded by the definition+ because …  The defence/prosecution would rebut this by arguing that the main sense of the definition is the most common and primary definition, and therefore holds more weight  I suggest that overall the dictionary definition [tentatively] supports the narrow/wide limb/is inconclusive as neither limb is conclusively supported or excluded. Ordinary usage The dictionary is a guide, but not determinative Making OUE  Choose a neutral statement, not biased to either limb.  Often less is more, leaving a lot to assumption is a good idea as it is less likely to be loaded or biased.  Choice example: put in both meanings and the issue word "the fish bowl fell on the kittens basket and two animals were hurt. Gives the choice between either limb as both are possible.  Anti loaded: Context supports one limb but you think of another. "The food at the wine tasting was delicious" Think the food is wine because you are at a wine tasting but there is equal chance they are talking about nibbles.  Think of an activity connected to the issue word for example premises? camping, fishing, burglary. Criteria:  Example written in Normal English September 20, 2013 [LAWS 123 TEST CHEAT SHEET]  Uses issue word in same part of speech and sense of the word e.g. intransitive/transitive (the plane dropped/he dropped the ball)  Relevant to distinction in issue statement  Neutral; not biased or loaded  Persuasive one way or the other, may be anti-loaded Structure: State the example Go through criteria State which side it helps and explain why  i.e. show how this demonstrates that the natural an
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