8/4/2019 Rules & Case Analysis

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Rules & Case AnalysisAnbalRosario Lebrn

August 19th, 2010

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Active

Reflective

Sensing

Intuitive

Visual

Verbal

Sequential

Global

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13

4

16

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11

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8

1

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7

7

3

10

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Learning Styles B3

1-3 5-7 9-11

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Types of Rule

Mandatory

Prohibitory

Discretionary

Declaratory

Components of a Rule

Test Result

Casual Term

Exceptions*

Another way of looking at rules

Elements Test

Balancing Test

Totality Test

Exception test

For the deed to be valid, it must be signed by a

notarypublic

The evidence of prior bad acts will be admitted if the

probativevale outweighsthe prejudice to the defendant.

The court will find a person is under police custody if under the

totality of the circumstances, a reasonable person would haveunderstoodthe meeting with the policeas such.

In order to search a home police need a warrant and

probable cause except to perform a protective weep or a

search incidentto arrest.

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Exercise A

Strike the paper Unless the omission of signing it is

promptly corrected by the attorneyor the party

1. An unsigned paper2. after being called to the

attorneys or partys attention

the

court

must

What events or circumstances set the rule

into operation?

When all the elements are

present, what happens?

Even if all the elements are

present, could anything

prevent the result?

MANDATORY WITH AN EXCEPTION

Exercise B

Impose any appropriate

sanction on any attorney, lawfirm, or party that violated the

rule or is responsible for the

violation

1. the Court determined Rule

11(B) has been violated

2. notice

3. reasonable opportunity to

respond

the

court

may

What events or circumstances set the rule

into operation?

When all the elements are

present, what happens?

Even if all the elements are

present, could anything

prevent the result?

DISCRETIONARY

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Exercise C

Held the law firm

jointly responsible Absent exceptionalcircumstances

1. Violation committed by the

firms partner, associate or

employee

the

court

must

What events or circumstances set the rule

into operation?

When all the elements are

present, what happens?

Even if all the elements are

present, could anything

prevent the result?

MANDATORY WITH AN EXCEPTION

Exercise D

Not apply

(not applicable)

1. disclosure and discovery

request/response/objection/

motion under Rules 26-37

Rule 11

(a) Does

(is)

What events or circumstances set the rule

into operation?

When all the elements are

present, what happens?

Even if all the elements are

present, could anything

prevent the result?

DECLARATORY

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Good Lawyers are Good Readers

Characteristics of a Good

Reader/Lawyers

Read & Reread the material until you are sure

that you understand it

Synthesize the Cases/Statutes that you read

Place Cases/Statutes into their social &

historical context

Judge the Cases/Statutes you read

Read for a Specific Purpose

Understand that Cases/Statutes can be read in

more than one way

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Anatomy of the Judicial Decision

Procedural Events

Pleaded or EvidentiaryEvents

Issues

Summary of Arguments

Holding

Applicable Law

Rationale

Dicta (Obiter Dictum) Disposition

Heading Summary*

Headnotes*

Syllabus*

Preface

Facts

Applicable Law

Application of the Law tothe Facts

Holding Disposition

Non Majority Opinions

Heading

Summary

Headnotes

Syllabus

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Preface

Facts

Applicable

Law

Application

of the Law

to the Facts

Holding

Disposition

Concurring

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How to Analyze a Case

Heading = Credits Facts = Plot

Issue = Conflict of the Story

Holding = What they never

tell in the review

Rationale = The reasons that

explain characters

actions or choices

Comments = Awards,

Interesting Data,Critique

Usual questions in a case discussion What happened in the case?

What is the issue?

What is the decision of the Court?

What is the rationale of the Court?

What is the significance of the decision in termsof previous precedent?

What are the policies underlying the decision?

What is the position of the concurring judge?

How would you describe the rule that comesfrom the case?

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Assignment Read:

Neumann: 71-75; 193-202;139-151.

Exercise on page 150. (To hand in)