chapter 15 intro to law

Class Assignments

  • Open for submissions on campus.

  • Students are responsible for submitting assignments if absent.

  • Submit within 24 hours of being available.

  • Late submissions will be counted as zero.

Assignments and Grading

  • Assignments contribute to final grades.

  • Upcoming assignment on Wednesday.

  • Chapter 15 focuses on applying the law.

Chapter 15: Applying the Law

  • Previous chapters covered statutory and case law.

  • Emphasis: how to apply legal research to current clients.

  • Key focus areas:

    • Read different types of case law and statutory law.

    • Determine applicability to client cases.

Legal Research Application

  • Application Process:

    • Brief a case.

    • Compare it to the client's situation to predict court rulings.

  • Goal: Advocate for the client using various legal rules:

    • Constitution.

    • Statutory law.

    • Texas Penal Code and Texas Practice Remedy Code.

Legal Strategy

  • Analogizing similarities:

    • Identify similarities with a prior case to apply the same legal rule.

  • Distinguishing differences:

    • Identify important differences between cases when the previous case may not apply.

Law Interpretation

  • Interpreting laws and applying them to cases involves:

    • Finding out if evidence/facts match statutory rules/case law.

    • Assessing how similarities may support a case.

    • Keeping track of cases that show significant differences.

Legal Writing Tones

  • Two tones in legal writing:

    • Predictive Tone:

      • Discuss both sides of the case, predicting outcomes and challenges.

      • Used for internal documents like memorandums.

    • Persuasive Tone:

      • Aimed at convincing the judge to rule in favor of the case.

Comparison of Cases

  • When comparing cases:

    • Check if rules of law/issues match.

    • If no direct match, look for closely related cases.

      • Example: Consider parental immunity cases when no direct cases exist about children suing parents.

Creating Persuasive Arguments

  • A successful persuasive argument explains why similar legal policies apply:

    • Utilize skills akin to arguing with family, emphasizing logical reasoning.

Identifying Key Facts

  • Focus on facts that impact court decisions:

    • Facts can change outcomes.

    • Not every detail is relevant (e.g., the color of a shirt).

  • Method for identifying key facts:

    • Read court opinions thoroughly.

    • Highlight repeated or emphasized facts.

      • Example: Probable Cause.

      • Details such as alarmed robbery suspicion or environmental context (e.g., dark parking lot) are critical.

Comparing and Synthesizing Facts

  • After identifying key facts:

    • Create comparison between client's case and prior cases to decide applicability.

    • Use visual tools like charts for organization.

  • Emphasize significant similarities or distinctions that matter in argument construction.

    • Examples of specific distinctions can include age, weather, or context.

The Holding

  • Holding: Legal rule or principle from a case with varying degrees of application (general or narrow).

  • Analysis affects how broadly or narrowly rules apply.

  • Importance of using precedents to support case arguments:

    • Mandatory authority: binding precedents (e.g., statute or constitutional law).

    • Persuasive authority: optional precedence.

Utilizing Legal Precedent

  • Look for decisions from the highest appellate court in jurisdiction for stronger supporting authority (e.g., U.S. Supreme Court).

  • Recent rulings are preferable as they reflect current legal standards.

  • Use a "case on point" for close matches in fact patterns.

The IRAC Method

  • IRAC Breakdown: A formula for logical structuring:

    • Issue: State the legal question clearly.

    • Rule: State pertinent law.

    • Analysis: Apply rule to client facts using prior opinions.

    • Conclusion: State the outcome.

  • Tips for presentation include using transition phrases for clarity.

Writing Tips for Memorandums

  • Clear, logical organization is crucial.

  • Focus on first and last sentences of paragraphs for main points.

  • Emphasize clarity in discussion sections.

Structure of Interoffice Memorandums

  • Consists of a heading to outline:

    • Issues being discussed.

    • Relevant facts in chronological order.

  • Discussions must highlight both sides of the legal issue fairly.

  • Employ concise recommendations for future actions based on findings.

  • Avoid including unnecessary details; ensure all details support client's arguments.

Conclusion of Memorandum

  • Summarize significant findings without introducing new info.

  • Include strengths/weaknesses of the client's position.

Class Activities

  • Quiz scheduled for Friday.

  • Review and assignment due on Wednesday.