Class1: Briefing, Kahlil S and Researching the Fact

step 1 is

Identify the applicable sources of Law (What is our applicable source of law here?)

Identify the applicable sources of Law ex

Family Court Act 614

Family Court Act 614

sets out the requirements for filing a petition to commit the guardianship and custody of a permanently neglected child to an authorized agency or foster parent

TPR

terminating parental rights —> no ability to see/have children

case brief must have

• facts

• trial court’s decision or judgement in the case issued

• issue

• rule

• rationale

• objective theory

issue

the issue or issues raised on appeal-describe the opinion you are briefing

rule

the legal principle or the applied rule of law on which the court relied to reach its holding

rationale

why did the Court arrive at its holding?

objective theory

brief analysis of the concurring or dissenting opinions to show alternate theories of the case

case caption

where (date + location), what courts, names, where it was filed

if you didnt like the opinion given in the lower court

court of appeals

which is the highest court in NYS

ny court of appeals

kahil petitioner and respondent

petitioner: social services

respondent: mother

what is the standard in family court

best interest of the child

what happened to respondent in fam court

affirmed the termination of the respondent mother's parental rights due to mental illness, but modified the order to remit the case back to Family Court to determine if post-termination contact with the children was in the children's best interests

issue on appeal

after parental rights are terminated bc of mental illness or permanent neglect, does fam court have discretion to determine whether continued contact between the bio parent and child is in the child’s best interest

ruling

fam court has discretion to consider post termination contact when appropriate and must determine whether such contact is in the child’s best interest

What did the Erie County Department of Social Services obtain regarding the mother of Kahlil S. and Terrell Z., and why?

An order terminating her parental rights. This was because she was found presently and foreseeably unable to provide proper care due to mental illness

What dual issues did the court consider on appeal regarding the termination of parental rights?

1. Whether her parental rights could be legally terminated.

2. Whether the children could maintain continued contact with their biological mother post-termination if it was in their best interests.

what kind of facts would you want

evidence of a bond, photos, teachers, siblings, expert testimony (child psychologist), likelihood of adoption

Why must a lawyer research the facts before beginning legal reasoning?

A lawyer cannot begin without a general idea of the circumstances to which the law applies

What is the main purpose of researching the facts?

It allows us to determine what the specific circumstances of a case are.

Is fact finding a simple mechanical process?

No, fact finding involves the use of judgment rather than just following mechanical steps (KV, 87)

At what step of the legal reasoning process does factual research play a role?

at every step of the process

What do lawyers alternate between until all applicable rules are identified?

legal research and factual research

How do facts and rules shape each other?

in a symbiotic relationship

What can facts do to the application of legal rules?

They can limit the application of legal rules.

What are the two possible outcomes when facts are tested against the elements of a law?

yes (elements were met) or No (elements were not met).

rules of factual investigation include

1. law of evidence - admissibility

2. BoP

3. the problem of cognitive bias

law of evidence

admissibility

requirements of relevance

reasons to exclude relevant evidence

What is the primary purpose of the Rules of Evidence regarding admissibility?

They restrict the types and uses of evidence that can be presented at trial.

What are the two main types of admissible evidence?

• Oral testimony

• Physical objects (e.g., documents, photographs, weapons)

What requirement must non-testimony evidence typically meet before it can be admitted?

It must be authenticated

What must a witness do to establish the authenticity of an object?

They must lay foundation by explaining how they know the information they are testifying about

How do the rules on opinions and speculation differ between standard witnesses and expert witnesses?

Standard witnesses are limited to observation and cannot speculate or offer opinions. Expert witnesses are permitted to offer their professional opinions

What serves as the foundation for an expert witness's opinion testimony?

Their qualifications (the specific training, knowledge, or experience that makes them an "expert").

evidence is admissible only if it is

relevant, which requires the fact to be both material (of consequence to the action) and probative (making a material fact more or less probable)

What is the general rule for when evidence is admissible?

Evidence is admissible only if it is “relevant.”

What are the two core elements of “relevance”?

1. It must be of consequence to the action (material). 2. It must make a fact more or less probable (probative/related)

What does it mean for evidence to be “material”?

The fact to be proved must be of consequence to the action

What does it mean for evidence to be “probative”?

The evidence must make the truth of a fact more probable or less probable

Give an example of irrelevant evidence based on the notes.

Evidence about burrito making in a trial about money laundering.

What are the four requirements for negligence liability?

1. V is injured.

2. A owed a duty of due care to V.

3. A breached the duty by acting carelessly.

4. A's breach actually and proximately caused V's injury.

How does a fact qualify as relevant in relation to a legal rule (like negligence)?

It must speak to one of the rule's elements by supporting it or refuting it.

some facts are

inadmissible

What is the legal definition of hearsay?

An out-of-court statement offered into evidence for the truth of the matter asserted in the statement.

Why is relevant hearsay evidence excluded from a trial?

Because of its unreliability.

Why do some lawyers try to admit hearsay for a "non-hearsay purpose" (such as showing a witness's state of mind)?

They hope the jury will get confused and treat the unreliable hearsay as legitimate truth.

When can prejudicial evidence (like prior bad acts) be allowed in court?

When it is probative, meaning it proves a pattern of behavior related to the later crime.

What is the main reason for protecting privileged communications?

To encourage people to be fully candid when seeking legal advice, which would be limited if these conversations were removed.

What is the legal "burden of proof" trying to address?

A lawyer's attempt to establish facts based on imperfect information.

What are the three characteristics of imperfect information in law?

• Incompleteness (gaps in the information)

• Inconsistency (one piece of evidence supports multiple conclusions)

• Uncertainty (evidence does not establish a fact conclusively)

Does legal evidence need to be irrefutable?

No. The law does not require irrefutable evidence; it instead requires satisfying a specific burden of proof.

What is the Burden of Production?

The requirement to establish that a prima facie case exists.

What is the Burden of Persuasion?

What we typically think of as the "burden of proof." It establishes the fact at the required level of confidence.

Who determines whether a burden of proof has been met?

The trier of fact (the judge or the jury).

What is the standard of guilt in criminal cases?

"Beyond a reasonable doubt" (the higher persuasion standard).

What is the standard of guilt in civil cases?

"Beyond a preponderance of the facts" (preponderance of the evidence).

As a general rule, which party bears the burden of proof for a specific fact?

The burden rests on the party whose claim or defense depends on that fact.

What is the main goal of a lawyer when using techniques to meet the burden of proof?

To counter concerns about incompleteness, inconsistency, and uncertainty in the evidence.

What three outcomes do a lawyer's burden of proof techniques aim to show the audience?

1. There are no major holes in the argument.

2. here is only one valid conclusion.

3. There is great certainty

What are the four core techniques lawyers use to meet the burden of proof?

Making arguments based on:

1. Credibility of the evidence

2. Certainty of the evidence

3. Quality of the evidence

4. Coherence of the evidence

In meeting the burden of proof, what does an argument about the credibility of the evidence focus on?

Proving that the source or the evidence itself is trustworthy and believable.

In meeting the burden of proof, what does an argument about the coherence of the evidence focus on?

Showing that the pieces of evidence fit together logically without contradictions or inconsistencies.

lawyer must ask themselves:

who do i want on my jury

cognitive bias

perceiving someone as something

drafting argument from defense/on defense

is it credible, certain, quality, coherent

amica curie

friends of the court