1)
Assignment 12.4 (Source: Statsky, pg. 557-558)
a) You shall pay the fine.
b) The time you have to render assistance is three months.
c) During construction, it shall be unlawful for a person to enter or to attempt entry.
d) If you are unable to enter into a contract with him for the materials, oral commitment binds you.
e) She consulted with a lawyer about litigation.
f) She accepted the appointment because she was qualified.
g) The color is green.
h) Ask the witness about the bills.
i) Judge Jones is on the bench.
Assignment 12.5 (Source: Statsky, pg. 558)
a) The examinations were not enjoyed.
b) There were no drugs prescribed after the operation.
c) Your license is being revoked.
d) The attorney is giving this matter consideration.
e) The
…show more content…
This helps a person to find information faster (Statsky, pg. 543-544).
• Table of Authorities: This part lists all of the primary authority and secondary authority for each case, statutes, etc. in alphabetical order and each one are grouped together in the correct category (Statsky, pg. 544).
• Questions Presented: This is where the legal issues are stated that the party would like for the appellate court to think about and make a final decision (Statsky, pg. 545).
• Statement of the Case: This part has the summary of the dispute, and what happened in the lower court and present court by the time that the brief was filed. Also, this part provides important facts and a word by word recall of the case (Statsky, pg. 545).
• Summary of Argument: This part of the brief is the summary of the main points that were made (Statsky, pg. 545).
• Argument: This is where the attorney gives detail of the legal situations of the client, and relies on the primary and secondary authorities (Statsky, pg. 545).
• Conclusion: This part of appellate brief states what deal that the attorney is requesting from the appellate court to take (Statsky, pg.
The foremost historiographical strategy upon which Getz relies is the presentation of a thorough and cogent argument based on several primary sources. The inclusion of the court case 's transcript after the graphic portion of the text was a particularly
3. Procedural History: This matter comes before the court on motions of defendants for judgment notwithstanding the verdict, for new trial pursuant to Rule 59 of the Federal Rules of Civil Procedure, and for amended judgment. We have considered defendants' motions collectively and individually and conclude that neither a new trial, judgment notwithstanding the verdict, nor amended judgment is warranted. The evidence supports the jury's verdict.
Analysis / Ruling of the Court. The district court granted the employer’s motion for summary judgement on the sexual harassment claim due to the fact that Sherry Lynch treated both men and women equally in this case; that is, she behaved in the same vulgar and inappropriate way towards both genders. For this reason, Smith’s gender was not a contributing factor to the harassment, which is one of the conditions that would have to be met for the sexual harassment claim. The appellate court agreed and affirmed the district court’s judgement. The district court ended up excluding evidence pertaining to the sexual harassment claim because the sexual harassment claim had been dismissed on summary judgement, and because the court decided that the details of the harassment bore little relevance to the retaliation case whereas this evidence would be unfairly prejudicial to Hy-Vee. The appellate court affirmed the district court’s judgement. Smith did not offer any specifics on what evidence she would have wanted to present, which made it hard for the court to determine whether this evidence was material to the retaliation case or not. In her opposition to the motion in limine, she said she only wanted to discuss the harassment case in general, including mentioning that Lynch had harassed/touched her inappropriately. Hy-Vee had no objection to this, and Smith got to present this much evidence in the trial. Therefore, the appellate court found that she waived any objection to the
There are certain standards that the courts use to determine competency. In order to find the accused competent, a court should find out by a preponderance of evidence that the defendant has remarkable ability to consult with his lawyer with a reasonable degree of rational indulgence. The def...
2. Your conclusion paragraph should be more detailed. Restate in just a few sentences the points that you made in your paper and what conclusions you have drawn from those points.
I will be making a summary of my comments in a brief conclusion at the
"Summary of United States V. Emerson." FindLaw: Cases and Codes. Thomson Reuters. Web. 29 May 2010. .
...r case. You should include a table of contents, a table of authorities, a jurisdiction statement, questions or issues, a statement of the case, a summary of the argument, the argument, and a conclusion.
... middle of paper ... ... Gonzaga Law Review 33.3 (1998): 653-668. HeinOnline.com -.
case. We give permission to the lawyer to speak on behalf of us and to make decisions for us. I
The Paralegal Professional, A reference to the source of legal information chapter 12, pages 434, 446, and 454.
It is observed in most of English legal texts that, particularly legal contracts, the first letter of each party involved in the contract is written in capital letter. However, as legal language always tends to be definite, instead of using conjuctions, there is a big place for repeating the same parties mentioned in the legal text. Not only the first letter of parties of contract that is written in capital letter, but also names of organizations, laws, resolutions…etc are meant to be capitalized. Chen and Yun think that capitalization aims to draw
Schwartz, Bernard. Decision: How the Supreme Court Decides Cases. New York: Oxford UP, 1996. Print.
Presenting the Case Orally in Court: The Lawyer has to argue about his client’s case in front of the Judge in court.