Illinois YMCA Youth and Government. Judicial Program Pre-Leg II

Transcription

1 Illinois YMCA Youth and Government Judicial Program Pre-Leg II

2 Agenda Big Group Stuff Part 1 (about 35 minutes) Introductions, Attendance, Other Official Stuff Review stare decisis and hierarchy of courts Legal Argument/IRAC Analysis of Cited Cases (about 80 minutes) Big Group Stuff Part 2 (about 25 minutes) Bench Memo Expectations Oral Argument Upcoming Dates/Schedule Wrap-Up 2

3 Review of Stare Decisis 3

4 Stare Decisis 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 Why is this important? Consistency breeds confidence in the legal system People are supposed to know what the rules are 4

5 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 5

6 Organization of Illinois Courts U.S. Constitution State Courts Federal Courts U.S. Supreme Court Illinois Supreme Court District Court of Appeals Circuit Court Federal Circuit Court Federal District Court 6

7 Legal Argument 7

8 Legal Argument I R A C (Learn it, Live it, Love it ) Issue Rule Application Conclusion 8

9 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? 9

10 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 10

11 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 11

12 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. 12

13 Anatomy of Cited Cases 13

14 NOT a viable citation LEXIS format Opinion begins here 14

15 Opinion begins here Westlaw format 15

16 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 16

17 The Opinion Name of the judge(s) who authored and/or joined the opinion Typical 1 st 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 17

18 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 18

19 Analysis of Cited Cases One Option The CWT Method 19

20 The CWT Cited Case Analysis Methodology 1. Capture the citation of the case, for example: People v. Massarella, 80 Ill. App. 3d 552, 400 N.E. 2d 436, 36 Ill. Dec. 16 (1 st Dist., 2 nd Div., 1979) 2. Write down the facts of the case that pertain to your issue, or use a highlighter (suggest using yellow). 3(a). Compare the facts of the cited case to the facts of the case at bar (do your own analysis). 3(b). Distinguish the facts of the cited case from the facts of the case at bar (do your own analysis). Do the analysis both for 3(a) & for 3(b) regardless of whether the case is for you or against you. That way, you not only will be able to argue your side, but you will have a good idea as to what your opponents will want to argue. 20

21 The CWT Cited Case Analysis Methodology 4. Write down the statements of law from the cited case that apply to your issue, word for word, or use a highlighter (suggest using orange). 5(a). Apply the statements of law from the cited case to the facts of the case at bar (do your own analysis). 5(b). Distinguish the statements of law from the cited case from the facts of the case at bar (do your own analysis). Do the analysis both for 5(a) & for 5(b), regardless of whether the case is for you or against you. That way, you not only will be able to argue your side, but you will have a good idea as to what your opponents will want to argue. 21

22 The CWT Cited Case Analysis Methodology 6. Write down the rationale of the court, word for word, including jump cites, or use a highlighter (suggest using green). 7. Write down the result of the court s rationale, or use a highlighter (suggest using pink). 8. State which side the case supports, and why (do your own analysis). 9. Prepare a thorough analysis of whether there was harmless error or harmful error. Discuss why it can be argued that there was harmful error, and discuss why it can be argued that there was harmless error. 22

23 The CWT Cited Case Analysis Methodology Additional Pointer: Use a different color highlighter from what has been suggested so far (light blue, possibly) to highlight the page transitions within the opinion. 1. Capture the page transitions that reference to the official reporter (single * followed by a number). 2. Reference the official reporter page number when capturing the information for jump cites. 23

24 Bench Memo (cue the ominous music) 24

25 What is Y&G looking for Format and Appearance Writing Quality Legal Research Legal Reasoning (Legal Argument) But the priorities are: Legal Reasoning (10 points) Format & Appearance (5 points) Writing Quality (5 points) Legal Research (5 points) 25

26 Format and Appearance Font Preferred font/size is Times New Roman 12 point. Spacing Double-spaced 1 margins Cover Page We will provide cover page templates on the Y&G website Reminder: make sure you correctly list that your team is for the Defendant-Appellant or State-Appellee!!!! Argument Begin the argument for each issue on a fresh page Use IRAC Conclusion Include a final conclusion with the general request for the Court s action on a separate final page 26

27 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 27

28 When in doubt about comma needs, check! 28

29 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 29

30 Legal Research Y&G uses closed research We provide you with 4 cases for each issue As a minimum you must use 2 of the 4 cited cases for each issue in the Appeal Facts for the Bench Memo. Must include the strongest cited case favoring your position Must counter-argue the strongest cited case against your position You can include more than 2 of the cited cases for bonus scoring You should not include any cases beyond the 4 cited cases for each issue. 30

31 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 31

32 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 ) 32

33 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) 33

34 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). 34

35 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 Ill.2d

36 Oral Advocacy In a nutshell 36

37 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 37

38 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 Remember : You must be able to address all 4 cited cases for each issue in Oral Argument ANSWER THE QUESTION The question presented for your issue Each question asked by a Justice 38

39 Dates to Remember Bench Memo due : January 26 ( postmark ) Prepare to serve as a Justice-Review other Y&G case & cited cases : 1/26-2/16(or so) Can also begin work on Oral Argument Receive opponent s brief : 2/23-2/27 Finalize Oral Argument Springfield Main Event : 3/20/14 39

40 How to reach us for help Youth & Government web-site at click on CONTACT US in the upper right-hand corner choose Judicial Help 40

41 How to contact us step 1 41

42 How to contact us step 2 42

43 How to contact us step 3 43