Win More Cases Worksheet

8/14/2019 Win More Cases Worksheet

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W IN M ORE C ASES T HE L AWYER S T OOLKIT

S TEP 1: K NOW THE R ELEVANT F ACTS

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1 .1 COLLECT THE FACTS

1.1.1 Identify sources of information


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1.1.2 answer what, who, when, where, why, and how

(a) What?

Examples

What happened?

What harm or injuries happened?

What caused the dispute or problem?

What does the client want from the dispute?


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(b) Who?

Examples

Who did the events that happened, and to whom?

Who treated the injuries?

Who witnessed the event?


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(c) When?

Examples

When did the event happen?

When did the injury happen?

When did the symptoms show?


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(d) Where?

Examples

Where did the event happen?

Where are the parties now?

Where are the parties assets?


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(e) Why?

Examples

Why did the event happen?

Why were the injuries so extensive?

Why did the plaintiff delay in making the claim?


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(f) How

Examples

How did the event happen?

How did the defendant behave?

How did the plaintiff react?


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1.2 COMPREHEND THE FACTS

1.2.1 Write the facts


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1.2.2 Draw the facts


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1.2.3 Explain the facts

You know you have completed Step 1 if you can explain the facts verbally, from memory, and withno hesitation.

Check this box when you think you know the facts.

Go to Step 2.


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S TEP 2: A NALYZE THE F ACTS


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2.1 LIST FACT KEYWORDS

(a) Parties

(i) Roles

(ii) Relationships

(iii) Special characteristics


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(b) Places

(i) Type

(ii) Location

(iii) Special characteristics


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(c) Objects

(d) Subjects

(e) Timing


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2.2 LIST LEGAL CONCEPTS KEYWORDS

(a) Type of law

(i) Civil or criminal?

(ii) Public law or private law?

(iii) Substantive law or procedural law?


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(b) Area of law

(c) Causes of action

(d) Defenses


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(e) Relief sought

(f) Jurisdiction


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W IN MORE C ASES T HE L AWYER S T OOLKIT

S TEP 3: IDENTIFY THE LEGAL Q UESTIONS


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3.1 INTEGRATE FACT KEYWORDS AND LEGAL CONCEPT KEYWORDS

Question 1

Under [Type of law] + [Area of law] + [Jurisdiction]

Did [Parties] + [Cause of Action] or [Defense] or [Relief]

When [Parties] + [Objects] + [Subjects] + [Place] + [Time]

Question 2




Question 3





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3.2 IF ARGUING AN APPEAL, IDENTIFY SPECIFIC DID QUESTIONS1

Did the trial judge

allow evidence that the judge should have excluded?

allow the opposition to make an improper argument to the jury?

disallow the discovery of evidence that the judge should have allowed?

wrongly determine the facts contrary to the evidence?

exclude evidence that the judge should have admitted?

not apply the appropriate law?

wrongly apply the law to the facts?

lack jurisdiction?

misapprehend the issue the judge needed to decide?

misdirect the jury (or did the jury misdirect itself)?

other (specify)

1 These example questions come from Dennis Owens, Appellate Brief Writing in the Eighth Circuit (2001) 57 (2) Journal of the Missouri Bar 75.


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3.3 RANK THE QUESTIONS

First question

Second question

Third question


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S TEP 4: G ENERATE S EARCH T ERMS


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4 BRAINSTORM KEYWORDS

Keywords 1

Main keyword

Broader

Narrower

Synonyms

Antonyms

Closely related

Loosely related

Procedural

Agencies


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KEYWORDS 2

Main keyword

Broader

Narrower

Synonyms

Antonyms

Closely related

Loosely related

Procedural

Agencies


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KEYWORDS 3

Main keyword

Broader

Narrower

Synonyms

Antonyms

Closely related

Loosely related

Procedural

Agencies


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S TEP 5: S EARCH T HOROUGHLY FOR S OURCES

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5 SEARCH THOROUGHLY FOR SOURCES

5.1 Identi fy 5 .2 Access 5 .3 Assess 5 .4 Acqui re

Brainstorm the 5 spheres of information to identifysources

List the source (author, title,date, case citation, etc)

How did you find the source?(databases searched, date of search, search terms, etc)

Where can you get the source?(library, website, databaseproviders, etc)

What date did you access thesource?

Is the source useful?(currency, reliability, detail,relevant, etc)

Did you get a copy?(photocopied, ordereborrowed a book, et

Where have you stocopy? (folder, on disintranet, etc)


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S TEP 6: D IVIDE THE L AW I NTO I TS

E LEMENTS & I NGREDIENTS


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PLAINTIFF 1 v DEFENDANT 1

6.1 Area of law

6.2 Legal basis

6.3 Elements and ingredients

[Element 1] [Ingredients] [Sub-ingredients]



[Or draw a chart]


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S TEP 6: D IVIDE THE L AW I NTO I TS

E LEMENTS & I NGREDIENTS


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6.1 Area of law

6.2 Legal basis

6.3 Elements and ingredients




[Or draw a chart]


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S TEP 7: A PPLY THE L AW TO THE F ACTS

TO I DENTIFY I SSUES


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7.1 List positive and adverse facts for each element and ingredient

7.2 List the positive and adverse evidence for each fact

7.3 Conclusion

[Element 1] [Present/Not Present/An Issue]



[Or draw a chart]


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S TEP 7: A PPLY THE L AW TO THE F ACTS

TO I DENTIFY I SSUES


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7.1 List the positive and adverse facts for each element and ingredient

7.2 List the positive and adverse evidence for each fact

7.3 Conclusion




[Or draw a chart]


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S TEP 8: P ERSUADE T HROUGH E MOTION


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8.1 DESCRIBE YOUR STORYS CHARACTER

8.2 DESCRIBE THE CHARACTERS CONFLICT

Does your client have a conflict with

an institution?

another person?

fate?

society?

themselves?


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S TEP 8: P ERSUADE T HROUGH E MOTION


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8.3 RESOLVE THE CONFLICT

Propose a resolution that fits naturally with your description of the character and conflict.

8.4 WRITE YOUR THEME


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WIN MORE CASES T HE L AWYER S T OOLKIT

S TEP 9: P ERSUADE T HROUGH L OGIC


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9.1 CONSIDER INTRA-TYPE ARGUMENTS

(a) List textual arguments

(b) List intent arguments

(c) List precedent arguments


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(d) List tradition arguments

(e) List policy arguments


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9.2 CONSIDER CROSS-TYPE ARGUMENTS

(a) List text versus intent arguments

(b) List precedent versus policy arguments

(c) List text versus policy arguments


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List other cross-type arguments (eg, text versus precedent)


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S TEP 10: P ERSUADE T HROUGH C REDIBILITY


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10.1 WRITE WELL

(a) Craft a persuasive Statement of Facts

Tip 1. State your theme

Tip 2. Tell the judge about the litigant

Tip 3. Then tell the judge the disruption that happened; write the factschronologically

Tip 4. If you have complicated facts, structure the facts into compartments,introduced by headings

Tip 5. For each statement of fact, include a reference to the record

Tip 6. Write the statement of facts accurately and candidly

Tip 7. State your proposed resolution

Tip 8. Return to your theme throughout. But do not tell the judge what to feel;show them the situation, and that feeling will awaken in them


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(b) Craft a persuasive Legal Argument

Tip 9. State the legal issue in the opening paragraph

Tip 10. Break the issue into 3 sentences:

state the law

summarize the facts of your case that tie into your legal statement

put the issue as a question

Tip 11. But then give your answer to the question (your conclusion) upfront

Tip 12. Make sure you support your conclusion with reasons

Tip 13. And limit yourself to your strongest arguments

Tip 14. Put your strongest arguments first

Tip 15. Use IRAC to organize your arguments

Tip 16. Organize your argument into compartments, introduced by headings andsubheadings

Tip 17. Use argumentative headings and subheadings

Tip 18. Provide an introductory or topic sentence that paraphrases or amplifiesthe heading; then follow the introductory sentence progressively withmore specific statements that support your heading until you make yourcase

Tip 19. Start each succeeding paragraph with an introductory or topic sentencethat propels the discussion forward to the conclusion in your heading orsubheading

Tip 20. End your paragraphs in such a way as to point to the next paragraphstopic sentence


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Tip 21. Make sure each paragraph is about one thing only, which you explain ineach paragraphs topic sentence

Tip 22. Connect each sentence and paragraph to enable the reader to move alongsmoothly. Use transitional techniques, such as:

open with words like But, Also, and Moreover

open with words like This, That, These, Those

echo the last words of the preceding paragraph

Tip 23. In citing and discussing cases, put the best cases first

Tip 24. Do not provide naked citations

Tip 25. Rather, present the cases fully enough that the judge does not feel theymust read the case to understand it

Tip 26. And show how the cases fit into your argument, so that the judgeunderstands their significance

Tip 27. Use a version of CRAC to discuss cases; specifically, summarize what thecase holds before turning to its details

Tip 28. But do not overload your brief with case citations

Tip 29. And do not provide string citations

Tip 30. Adapt your citations to the court and the judge

Tip 31. Do not ignore issues or precedents that harm your case; rather, confront,explain, distinguish, or accommodate them

Tip 32. But put your argument before responding to other sides points

Tip 33. And distinguish the other sides cases briefly


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Tip 34. End with:

a concise statement of why you should win the casefor example, theinjustice or poor policy that will occur if the court rules against you or thejustice that will be served if the court says yes to your client

a specific statement on what you want the court to do

(c) Use the following tips throughout

Tip 35. Understate rather than overstate

Tip 36. Write in a civil tone; omit all scorn, insult, sarcasm, and offensivelanguage

Tip 37. Use short words, short sentences, and short paragraphs

Tip 38. Keep quotations short

Tip 39. Use peoples names rather than procedural labels like appellant andappellee

Tip 40. Include a Table of Contents that repeats your headings and subheadings

Tip 41. Avoid unnecessary repetition


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10.2 REVIEW YOUR DOCUMENT CAREFULLY

A tip followed by WS means you can use WordStyler 1 to help you to implement the tip. You can alsouse StyleWriter 2 for many of these tips.

Tip 42. Follow all current Rules of Court and Practice Directions, including ruleson

binding

citation method

color (for example, the color of the cover)

deadlines

whether double-sided or single-sided

electronic format

font size

fonts

information contained on front cover

length (word, line, and page limits)

margins

matters to include and exclude

the order and arrangement of the matter

1

www.wordstyler.com. 2 www.editorsoftware.com/affiliates/CBW/.


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paper

spacing

Tip 43. Compare your citations with the original cases, or at least with a reliabletable of cases

Tip 44. Eliminate misspellings, typographical errors, and grammatical andpunctuation errors

Tip 45. Make sure your document is neat and professional

Tip 46. Quote accurately; compare each quote against the original

Tip 47. Double check references to the record

Tip 48. Number every page correctly, including attachments

Tip 49. In the Table of Contents, make sure the page numbers match the correctpages

Tip 50. Number headings and subheadings correctly

Tip 51. Number Tables and Figures correctly

Tip 52. Include all necessary attachments

Tip 53. Where you must submit photocopies, submit only clean photocopies

Tip 54. Make sure you have written cross-references, including references tofootnotes above and below, correctly

Tip 55. Format lists consistently

Tip 56. Get rid of unnecessary modifiers (such as clearly and obviously) WS


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Tip 57. Depending on your audience, eliminate hedge words like sort of andpossibly WS

Tip 58. Get rid of needless legalese and other jargon WS

Tip 59. Avoid unnecessary nominalizations (for example, carried out an analysis,made an application)

Tip 60. Prefer verbs to nouns (for example, analyze, apply)

Tip 61. But avoid forms of the verb to be

Tip 62. Prefer the active voice to the passive voice

Tip 63. Put subjects, verbs, and objects close together

Tip 64. Avoid clichs WS

Tip 65. Get rid of throat-clearing phrases (for example, It is significant that,It is important to note that) WS

Tip 66. Cut needless words WS

Tip 67. Eliminate redundancies (for example, excess verbiage) WS

Tip 68. Where possible, turn negative phrases (for example, he did notremember) into positive phrases (for example, he forgot)

Tip 69. Avoid using abbreviations; at the very least, define all abbreviations

Tip 70. Make sure you have written dates and numbers accurately

Tip 71. Include pinpoint page references in your citations; double check them

Tip 72. Use capitalization consistently

Tip 73. Avoid ALL-CAPITAL LETTERS


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Tip 74. Format quotations correctly

Tip 75. Use hyphens consistently

Date post:	30-May-2018
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