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- To "testify" means to share what you know about a situation while under oath, usually in a court of law. When someone testifies, they are acting as a witness, providing evidence based on their personal knowledge or experience. This process is important because it helps judges and juries understand the facts of a case.
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The case note is the simplest, shortest, most descriptive account of a case, the comment sets it in context, explains its significance and critiques it. It uses discursive argument to synthesise a wider body of material to establish a position on some law-related point.
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Even when law is based on a statute, cases interpreting the terms and intent of the statute are invaluable tools for legal writers. Some methods for using cases, discussed in detail below, include: Cases as pure common law analysis. Use this approach when there is no statutory law.
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The case method helps students to learn the process of legal analysis. Students read the cases to extract legal concepts, and they prepare ―case briefs‖ to assist in learning through the use of the case method.
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- Joel Atlas
- A Structural Approach to Case Synthesis, Fact Application, and Persuasive Framing of the Law
- By Lara Freed and Joel Atlas
- Introduction
- A. Case Synthesis
- B. Fact Application
- C. Persuasive Framing of the Law
- 1. Persuasive Framing of Legal Rules
- 2. Persuasive Framing of Precedent
- Conclusion
Cornell Law School, joel-atlas@lawschool.cornell.edu Follow this and additional works at: htps://scholarship.law.cornell.edu/facpub
these skills are synthesizing cases, applying facts, and persuasively framing the law.”
Lara Freed is a Clinical Professor of Law, and Joel Atlas is a Clinical Professor of Law and Director of the Lawyering Program, at Cornell Law School in Ithaca, New York.
Lawyering-skills courses, although typically writing-focused, address a wide array of topics. Indeed, to prepare an effective legal document, students must not only write well but analyze well. And, although teaching the pure-writing aspects of the course is certainly a challenge, teaching the analysis-related skills is often the most difficult. Am...
Case synthesis is the process of determining the rules that govern a particular legal question. These rules serve an educative function and form the “R” component of classic organizational structures known as “IRAC” (issue, rules, application, conclusion) or “CREAC” (conclusion, rules, explanation, application, conclusion). Underlying the need for ...
An effective fact application (the “A” component of IRAC or CREAC) links the facts with the rules and typically draws legally significant comparisons between the facts of the case and the facts of precedent. One common weakness of a fact-application section is that it fails to address the specific facts at all but merely states that the facts meet ...
Law students are typically exposed to persuasive advocacy in the second semester, and the switch from objectivity to advocacy is challenging for both professor and student. For the most part, students have until that point been exposed to only the mostly objective writing contained in court decisions; and as a result, students are largely unaware t...
Our teaching model is as follows: Persuasive framing of the law = (1) determining the need for framing + (if necessary) (2) synthesizing rules that are favorable to your position (but still accurate) + (3) ordering the rules strategically. a. Determining the need for framing Existing court decisions (including dissents) or statutes may have already...
An effective presentation of the law should include not only the rules themselves but also an explanation of those rules—i.e., fully educating the reader about the law requires not only citing supporting authority but also providing examples to prove the accuracy of the stated rules and show how a set of facts was resolved under those rules. “Unfav...
Our teaching models make these difficult and abstract analytical skills more concrete. Accordingly, the models help professors to show, rather than merely tell, students how to perform the skills effectively.
A case note presents an overview and analysis of a legal case. It is usually divided into two parts: a case summary and a case analysis/research assignment. The case summary (sometimes called the ‘case note’) provides a description of the facts, procedural history and legal reasoning of a case.
Learn the legal definition of testifying and why it's crucial in the judicial process. Explore examples of testifying in scenarios like witnessing a theft or being involved in a car accident. Discover the importance of testifying in establishing facts and determining the truth.
