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Illinois YMCAYouth and Government

Judicial Program

Pre-Leg II - 2012

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Agenda Big Group Stuff Part 1 (about 60 minutes)

Introductions, Attendance, Other “Official” Stuff Review stare decisis and hierarchy of courts Legal Argument/IRAC

Analysis of Cited Cases (about 90 minutes)

Big Group Stuff Part 2 (about 45 minutes)

Bench Memo Expectations Oral Argument Upcoming Dates/Schedule Wrap-Up

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Review of Stare Decisis

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Stare Decisis

Definition “Let the decision stand”

Each case may involve its own specific facts, but there is a general principle or legal rule that applies to the fact pattern Similar cases are decided the same way If the facts and issues are the same, result should be

the same Consistency breeds confidence in the legal system People are supposed to know what the rules are

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Using Stare Decisis

Involves an analysis of facts and rules Attempts to determine if the case is similar to

previous cases If the case is different, asks if the differences were

important or unimportant Ultimately, two arguments for attorneys:

My case is just like this case… My case is not like this case… (in fact, it’s more like

this other case…)

AND HERE IS WHY…

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Organization of Illinois Courts

U.S. Supreme Court

Federal Circuit Court

Federal District Court

Illinois Supreme Court

District Court of Appeals

Circuit Court

State Courts

Federal Courts

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Legal Argument

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Legal Argument

I R A C (Learn it, Live it, Love it…)

IssueRuleApplicationConclusion

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Issue

What is the Specific Issue Presented? Why Does it Matter?

Remember to start with the most basic premise – the right to a fair trial

Where does that right come from?

How does your issue affect whether the Defendant got a fair trial?

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Rule

What is the rule of law with respect to your issue? Use word-for-word quotes & jump-cites If the cases reveal more than one “rule of law”

Use the Supreme Court’s version Bolster it in your favor with the “rule” from other cases

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Application Find the fact-pattern in the cited case relevant to

your issue from the case at bar. Compare or contrast the fact-pattern from the

case at bar to the fact-pattern in the cited case: Does the cited case have a result that you want the court to

follow for the case at bar? Then show how the two fact patterns are similar at a material level (analogize)

Do you want a different result for the case at bar than how the court ruled in the cited case? Then show how the two fact patterns are different at a material level (differentiate)

Describe how the rule of law from the cited case should be applied to the case at bar based on your comparison of the fact-patterns

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Conclusion

State your conclusion and the action you wish the court to take :

“For the foregoing reasons, the [State-Appellee, or Defendant-Appellant] respectfully requests that this court [affirm, or reverse and remand] the decision of the trial court with respect to the issue presented.”

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Anatomy ofCited Cases

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Anatomy of Published Opinions

Caption The court The parties Case number Date decision

Case summary by the publisher Not written or approved by the court – DO NOT CITE

Head notes and key numbers Important to research Shortcut to finding statements of law and holdings Not written or approved by the court – DO NOT CITE

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The Opinion

Name of the judge(s) who authored and/or joined the opinion

Typical 1st paragraph Summary of the procedural context and the issue on

appeal

Discussion of the facts as established at trial Review of the issues to be decided and their

procedural context

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The Opinion cont.

Discussion of each issue Focus on the issue that relates to your issue

Review of applicable law Statutes Cases

Application of the law to the facts of the case Holding on each issue Ruling

Affirm Reverse Reverse and Remand

Concurrences and dissents

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Bench Memo

(cue the ominous music)

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What is Y&G looking for

Format and Appearance Writing Quality Legal Research Legal Reasoning (Legal Argument)

But the priorities are: Legal Reasoning (12 points) Format & Appearance (5 points) Writing Quality (5 points) Legal Research (3 points)

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Format and Appearance

Font Preferred font/size is Times New Roman 12 point.

Spacing Double-spaced 1” margins

Cover Page Reminder: make sure you correctly list that your team is for the

Defendant-Appellant or State-Appellee!!!! Points and Authorities

Reminder: you must use (and are limited to) ALL four cited cases for each issue in the Appeal Facts

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When to Block Quote

When you use a quote of 50 words or more (or 3 lines of text)

Format Indented .5” from left margin Single spaced with a blank line before and after Do not need quotation marks around a block quote

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Writing Quality

Clear and concise writing Don’t try sounding too fancy Don’t overuse the thesaurus

Grammar, punctuation, spell check Make sure to check and double check Trial, not trail, Whose vs. who’s Comma splices, noun/verb agreement, etc If it doesn’t make sense to others, try again

Tone Professional tone is important First /second person (I/we/you) is not appropriate Consider your phrasing

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Legal Research

Y&G uses closed research We provide you with 4 cases for each issue You MUST use all 4 cited cases in each

argument

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Legal Reasoning Each Argument has two issues presented

Start each Issue Presented section of your argument with a heading that is a declarative sentence stating your position

Examples? Follow IRAC in your written presentation

Issue – state the issue Rule – state the rule of law Application – apply the law to your facts Conclusion – state your conclusion and what action you want

the court to take

Or more specifically…

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Legal Reasoning (continued) IRAC

Issue What is the issue, and why does it matter?

Rule Give the general rule(s) of law applicable to your issue

(quote it, cite it) Application

Organize the four cases in an order that makes sense Discuss each of the four cited cases

Which one(s) are binding precedent? Explain why the ones “for you” are similar to the case at bar Explain why the cases “against you” are different from the case

at bar Conclusion

State your conclusion & request court decide in your favor (“For the foregoing reasons…”)

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How to cite a case

The full citation is located at the top of the first page of the opinion.

only needed the first time you refer to a case

Example proper full citation: People v. Holman, 103 Ill.2d 133, 469 N.E.2d 119,

82 Ill.Dec. 585(1984) Case name, official reporter(s), unofficial reporter(s),

(Appellate District if applicable, year opinion issued)

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“Jump Cites”

Every time you are referring to content at a specific page, provide the “jump cite”

E.g., *135, **121, ***587 are scattered throughout the text of the cited cases.

The * numbers refer to page breaks in the printed opinion The number of *s tells you which reporter that page number

is in For the first citation to a case (as part of the full

citation), list the “jump cite” for each reporter Proper full cite would be People v. Holman, 103 Ill.2d 133,

135, 469 N.E.2d 119, 121, 82 Ill.Dec.585,587 (1984).

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Short Case Citation

For all citations after the first (full) citation use a short citation (with the “jump cite”) When the case name is not used in the sentence

proper cite is: … last words of sentence. People v. Holman, 103 Ill.2d at

135.

When the case name is in the sentence proper cite is: It was held in People v. Holman that “evidence of past

offenses could not be used for something,” unlike in the case at bar. 1013 Ill.2d 135.

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Oral Advocacy

“In a nutshell”

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Oral Argument

What is an oral argument A conversation among lawyers

How do you start “May it please the court…”

Order of argument Defendant-Appellant goes first (has the burden of

proof) State-Appellee goes second Defendant-Appellant gets rebuttal

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What You Need to Cover in Oral Argument Hit the high notes

What is the main point of your issue on appeal? What facts and law support it?

Anticipate the other side’s arguments and address them

ANSWER THE QUESTION The question presented for your issue Each question asked by a Justice

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Dates to Remember

Bench Memo due : January 28 (e-mail “postmark”)

Prepare to serve as a Justice-Review other Y&G case & cited cases : 1/29-2/15(or so)

Can also begin work on Oral Argument

Receive opponent’s brief : 2/25-2/28 Finalize Oral Argument Springfield Main Event : 3/15/13

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How to reach us for help

Youth & Government web-site at

www.ilymcayg.org

click on “CONTACT US” in the upper right-hand corner choose “Judicial Help”

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How to contact us – step 1

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How to contact us – step 2

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How to contact us – step 3