Furthermore, lawyers today are being admonished to write in plain language, not using overly convoluted grammar and antiquated phrasing. So, at this point your students are well-prepared for their task. Have the students get together in their small groups once again. They will need their work from the Explore lesson in which they learned the parts of the legal brief, the statement of stipulated facts and applicable law from Ricki jones. Metro city that you gave them, plus all of their research notes from the Explain Lesson. Using the parts of the legal brief as a structure to organize their information, the groups need to create a legal brief to appeal the courts decision that was not in their favor. Emphasize that this type of document will be the basis of their oral essay arguments when they are in a moot court later on in the quarter. They will only have 30 minutes to argue their case for the moot court activity in their government class Therefore, their brief must be clear, to the point (Thats why it is a brief!
Synthesize information from multiple sources to draw conclusions. Teacher Background, it would be helpful if you understood how and why court cases get appealed. This information can be found in any 12th grade government textbook or at the following essay web site: m, it is also important to have knowledge of the format of a legal brief as explained in the Explore lesson and on the following web site:. Resource websites m (Internet Legal Research and Writing Legal Briefs Describes the parts of a legal brief) ml (The Street Law web site where the mock trial information for Ricki jones. Metro city is found) p (Writing a brief The george Orwell way) Activity. Begin the class by telling your students that although it might seem a little bit intimidating to them to put together a legal brief, as we often associate the court system and legal communications as a world too complex for the average individual to comprehend. Wayne Schiess points out on his web site entitled Writing a brief The george Orwell way that, a wisconsin supreme court justice once said: A lawyer should write a brief at a level a 12th grader could understand.
Vary sentence structure (e.g., compound, complex, compound-complex). Use active voice as appropriate to purpose (e.g., creative writing). Use parallel structure appropriately. Sharpen the focus and clarify the meaning of their writing through the appropriate use of: - capitalization - standard grammar and usage (e.g., subject-verb agreement, pronoun agreement and consistency of verb tense) - spelling, with the use of a dictionary/thesaurus (as needed) - punctuation (e.g. Write a persuasive essay that contains effective introductory and summary statements; arrange the arguments effectively; and fully develops the ideas with convincing proof, details, facts, examples, and descriptions. Develop the point of view with ample and convincing support appropriate to audience and purpose,. Create an organizational structure that includes an effective beginning, middle, and ending, reading. Strand 2: concept 2: Functional Text.
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Materials: Access to flowers computers to write the legal briefs. Abstract, students will get together in their groups to use the information that they found in the previous lesson to write an appeals brief for their side of the trial in Ricki jones. They will follow the format for writing a legal brief that was learned in the Explore lesson and incorporate the legal, scientific, and environmental information that they found while doing research in the Explain Lesson. Purpose this is the Apply lesson. Students will write a legal brief to be used for an appeals trial. They will use the actual format that is found in a real court of law and include pertinent legal, scientific, and environmental information that will make their brief effective. Objectives, students will be able to:.
Demonstrate knowledge of the format of a legal brief by writing one. Synthesize information from multiple sources to write a persuasive document. Collaborate with peers to create a document which incorporates information relevant to the project that was collected from multiple sources. English Education Standard, writing, w-P1. Use transitional devices; varied sentence structures; active voice; parallel structures; supporting details, phrases, and clauses; and correct spelling, punctuation, capitalization, beautifully grammar, and usage to sharpen the focus and clarify the meaning of writing,. Use transitions (e.g., conjunctive adverbs, coordinating conjunctions, subordinating conjunctions) where appropriate.
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In short, to maximize the persuasive impact of the Statement of Facts, advocates should keep in mind the attributes and uses of narratives. For additional discussion of the ways in which narratives function in law, see anthony. Amsterdam and Jerome Bruner, minding the law (Harvard University Press, 2000 particularly japanese chapters 4 and 5). Home » Legal Statement, copyright 2014, georgia state University. No material from this Web site may review be copied, reproduced, re-published, uploaded, posted, transmitted, or distributed in any way except that you may download one copy of the materials on any single computer for non-commercial, personal, or educational purposes only, provided that you (1). If material is to be used for other purposes, you must obtain written permission from the georgia state University to use the copyrighted material prior to its use. This georgia state University restriction on the materials from this Web site (i.e., all websites under the gsu.
If the complaint is fairly specific, it may also get across a factual narrative - what happened and to whom - and usually this presentation of facts will occur in a chronological order. Yet, given these considerations of function and form, the complaint is rarely a good model of a narrative for the Statement of Facts. Even when working within the more specialized modes and genres of legal writing, it's important for advocates to cultivate a sensibility about storytelling and language that is literary. The goal, then, for plaintiffs, is to create an engaging narrative in the Statement of Facts, without simply replicating the elements and the organization of the complaint. The challenge for both plaintiffs and defendants is to identify a credible plot line, which can derive from a variety of sources: from the facts of the case; from the legal doctrine itself - from ideas that emerge from the cases or statutory criteria; from. That task is complicated for defendants when the complaint is the only source of facts because, as noted, it is written from the plaintiff's perspective. Defendants may draw upon fair inferences from the facts that are alleged, however, and may point out negative facts - facts that are not alleged in the complaint - that arguably are necessary to meet the requirements of the cause of action. Both parties should consider the choices that are possible concerning character, perspective, sequencing of information, selection of facts, and level of factual specificity.
narrative that advocates produce in a litigated case. The complaint is also a source of facts, and in some instances, such as in a motion to dismiss, it is the only source available to the parties, because its allegations are taken as true. The complaint serves legal and rhetorical functions that are distinct from the way in which a statement of Facts works. The legal function of the complaint is primary: it alleges facts necessary to state all elements of a legal claim. Thus, it is written from the perspective and within the knowledge base of the pleader. Secondarily, the complaint may have a persuasive or narrative function - when it is framed with more detail. As writing, it is its own legal genre. Its form has legal significance: the factual substance must be set out in separately numbered paragraphs; each paragraph should deal with one idea that can be admitted or denied in an answering pleading; the language should be clear and precise. The complaint may not present a narrative that is artful in the telling, but at the very least it purports to narrate a legal story - its facts fit within all the requirements prescribed for a cause of action.
The Statement of Facts should be written with a consciousness of what will be argued in the Argument; there should be a correspondence of facts in both, though the language, level of detail, and tone will differ. With these parameters in mind, consider the possible approaches to developing a narrative that you've encountered in other contexts. Narratives can be character-driven, event-driven, place-centered. Narratives can unfold in chronological order of events, through flashbacks, or through some other point in time that is neither at the beginning plan nor the end of the sequence of events constituting "what happened." Narratives can be told from the perspective of a particular person. In a statement of Facts in a brief, the need to present a compelling, coherent plot or story line that addresses the legally significant facts will limit some of the options otherwise available to storytellers. The narrative should "flow" (e.g., it would be risky here to experiment with post-modern approaches that fracture time frames or juxtapose perspectives - it won't accredit your client's case if you confuse or disorient the reader!). The reader should be able to get a clear sense of "what happened though the choice of where to begin the narrative (i.e., what, in the telling of it, constitutes the beginning) can be critical to creating a compelling effect. As always, you would need to think strategically when choosing where to "begin." It's also crucial to narrate in a way that embeds the point of view of your client (and that avoids highlighting the perspective or the experience of the opposing party).
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Narratives in Law: the Statement of Facts in a the trial Brief. The Statement of Facts in a brief to a court performs specific work: we can think of it as a strategic staging or presenting of facts in a way that addresses the legal issues in a case, without overtly arguing them. Typically, a judge will read the Statement of Facts in a brief before reading the Argument; a well-crafted Statement of Facts that engages in covert persuasion can influence the way in which the arguments will be evaluated. At its best, a statement of Facts will have the attributes of a narrative, including a plot line based on a certain temporality, a series of events, a cast of characters, and a point of view. If it is skillfully crafted, it will elicit interest and build dramatic tension. Unlike other narratives, though, a statement of Facts in a brief is subject to parameters that are based on the elements of the law that applies. The facts you choose to include in the Statement of Facts should bear a relationship to the factual criteria in the case law or statute that governs the legal issue. For example, in a case involving the special relationship doctrine in torts, in which New York case law has identified four elements for meeting its requirements (knowledge, assumption of duty, direct contact, reliance plaintiffs and defendants should include facts in the Statement that tend. Thus, in the Statement of Facts there is interplay between law and fact.