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

Similar documents
In Forma Paperis. A Guide to Unobjectionable Legal Writing

Chapter 7 Case Research

PRESENTED BY: HOSTED BY: APPELLATE MOOT COURT COMPETITION 2011 COMPETITION RULES

Mastering the BlueBook to Become a More Persuasive Writer

PRESENTED BY: Sponsored by:

2018 MCBAINE COMPETITION Brief Evaluation Scoring & Comment Sheet. Instructions

Cases & Court Documents

PRESENTED BY: APPELLATE MOOT COURT COMPETITION 2013 RULES

APPELLATE ADVOCACY WORKSHOP FALL 2015 SYLLABUS. Adjunct Professor Nancy S. Forster

How to Read a Legal Opinion

CHAPTER 9 Brief Writing

CONTENTS INTRODUCTION TO LEGAL RESEARCH 1. List of Illustrations Preface Acknowledgments CHAPTER OVERVIEW 1

Appellate Brief Writing. By The Honorable Thomas D. Waterman Justice Iowa Supreme Court

IN THE UNITED STATE DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO. No. CV JH/DJS NOTICE

Manual - Divisional Secretary Society for Integrative and Comparative Biology

No IN THE APPELLATE COURT OF ILLINOIS FIRST DISTRICT ) ) ) ) ) ) ) ) ) BRIEF AND ARGUMENT FOR DEFENDANT-APPELLANT

ATTACHMENT 1 APPELLATE RULES AND INSTRUCTIONS

Case: Document: 79 Page: 1 07/06/ (Argued: June 9, 2010 Decided: July 6, 2010)

Cites for Sore Eyes. Case Law Analysis That Works. Randall H. Warner is an appellate practitioner at Jones Skelton & Hochuli, PLC BY RANDALL H.

HOW TO READ A LEGAL OPINION

2018 Tullis Moot Court Competition Rules

Compare This. Diagnostic Assessment #1 For the Unit, We The People (Reading) Table of Contents

Montana YMCA Youth & Government Program

BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO

TCDLA Guidelines for Writing Voice Articles

Introduction. The Structure of Cases

United States Court of Appeals For the Fourth Circuit

Legal Research Assignments

The Wilson Moot Official Rules 2018

GBA 335 Case Brief 2 Guidelines and Rubric

Appeals from County Court to Circuit Court Appellate Division

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO CP COA STATE OF MISSISSIPPI BRIEF FOR THE APPELLEE

Court of Appeals Supporting Documents Reading a Case

Anatomy of an Appeal By Michelle May O Neil

SCWC IN THE SUPREME COURT OF THE STATE OF HAWAI I. vs. STANLEY S.L. KONG, Petitioner/Defendant-Appellant.

2017 High School Moot International Criminal Court Competition Overview

11 Green Bag 2d 51. Green Bag Autumn, Article. HOW TO READ A LEGAL OPINION A Guide for New Law Students. Orin S. Kerr a1

RULE CHANGE 2015(06) COLORADO APPELLATE RULES. Rules 28, 28.1, 29, 31, 32, and 34

THE LASKIN 2018 OFFICIAL RULES

MAY MARCIA J MEII4GEL, CLERK SUPREME COUR'f OF OHIO IN THE SUPREME COURT OF OHIO. Appellee, KEVIN JOHNSON

The Julius Alexander Isaac Diversity Moot Official Rules 2016 Black Law Students Association of Canada I. INTERPRETATION

GUIDELINES FOR RULES SUBMISSIONS

LEGISLATIVE PROCESS HANDBOOK (For City Departments)

PREPARED PUBLIC SPEAKING LEADERSHIP DEVELOPMENT EVENT

IN THE SUPREME COURT OF FLORIDA CASE NO. THE STATE OF FLORIDA, Petitioner, vs. JORGE LUIS DOMINGUEZ, Respondent.

CHAPTER I: INTRODUCTION TO THE AMERICAN LEGAL SYSTEM COURSE

IN THE SUPREME COURT OF FLORIDA

42 nd Annual ROBERT F. WAGNER NATIONAL LABOR & EMPLOYMENT LAW MOOT COURT COMPETITION

CHAPTER 7 CASE LAW RESEARCH

Circuit Court for Baltimore City Case Nos UNREPORTED

NATIONAL TELECOMMUNICATIONS MOOT COURT COMPETITION 2017 RULES

Cases: A Primary Source of Law. Professor Lisa Smith-Butler Nova Southeastern University

UNIVERSITY OF SAN FRANCISCO SCHOOL OF LAW MOOT COURT HANDBOOK Moot Court Board. Advocacy Director Lailah Morris

UNITED STATES COURT OF APPEALS TENTH CIRCUIT ORDER AND JUDGMENT *

COURT OF APPEAL, SECOND CIRCUIT STATE OF LOUISIANA PRO SE MANUAL

FILED December 15, 2015 Carla Bender 4 th District Appellate Court, IL

STATE OF MICHIGAN COURT OF APPEALS

A.H.A! GUIDE: HOW TO FILE A FEDERAL SUIT

Unit V: Institutions The Federal Courts

IN THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT VS. : APPEAL NUMBER

NIJC Pro Bono Seminar

Third Circuit Civil Appeals: Oral Argument, Disposition, and Rehearing

English 120, 121, and 123 Summer Reading

COURT OF APPEAL, SECOND CIRCUIT STATE OF LOUISIANA PRO SE MANUAL

WRITING FOR TRIALS 1

IN THE SUPREME COURT OF FLORIDA CASE NO. SC BERTHA JACKSON, PETITIONER, vs. STATE OF FLORIDA, RESPONDENT.

Court of Appeal of Alberta Criminal Appeal Rules Approved by the Court of Appeal April 16, 2018, Canada Gazette (2018) SI/ , 152 C Gaz II, 1050

Hint: It s not a retrial

Contract Drafting Checklist

APPEAL A FORCIBLE DETAINER JUDGMENT

Office Guide to the Agenda Process, 2012

PERSUASIVE WRITING THE BASIC PRINCIPLES 6/26/ Consider your reader s perspective. 2. Economize with words. 3.

Research Guide: One L Dictionary

CHAPTER 10 Oral Argument

Summer, Court Hierarchy 6/15/17. Making A Decision. What is the Value of that Court Decision?

IN THE SUPREME COURT OF FLORIDA

ADMINISTRATIVE FAIRNESS GUIDEBOOK

NATIONAL NATIVE AMERICAN LAW STUDENT ASSOCIATION ANNUAL MOOT COURT COMPETITION OFFICIAL RULES

Oral Statement by Norway as Third Party

v No Kent Circuit Court

STANDING ORDER. Judge Jerry A. Esrig Calendar R Courtroom 2208

COURT OF APPEALS OF OHIO, EIGHTH DISTRICT

Political Party Project

Third Circuit Civil Appeals: Motions

UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT. No

Pitch Perfect: Winning Strategies for Women Candidates

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM v. Case No. 5D

PETITION FOR WRIT OF CERTIORARI

RULES OF APPELLATE PROCEDURE NOTICE

2010 Judicial Performance Survey Report 4th Judicial District

SUMMARY OF FILING REQUIREMENTS FOR BRIEFS AND OTHER DOCUMENTS

Circuit Court for Howard County Case No. 13-K UNREPORTED

Common Bill Mistakes. How to spot them and how to avoid them

[Cite as FIA Card Servs., N.A. v. Salmon, 180 Ohio App.3d 548, 2009-Ohio-80.] IN THE COURT OF APPEALS THIRD APPELLATE DISTRICT UNION COUNTY

COURT OF APPEALS LAKE COUNTY, OHIO J U D G E S

Appellate Case: Document: Date Filed: 09/04/2012 Page: 1 FILED United States Court of Appeals Tenth Circuit

IN THE COURT OF APPEALS FIRST APPELLATE DISTRICT OF OHIO HAMILTON COUNTY, OHIO

IN THE SUPREME COURT OF THE STATE OF KANSAS. No. 111,513. STATE OF KANSAS, Appellee, WILLIAM F. SCHAAL, JR., Appellant. SYLLABUS BY THE COURT

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT NASHVILLE Assigned on Briefs March 19, 2013

STATE OF MICHIGAN COURT OF APPEALS

Transcription:

Illinois YMCA Youth and Government Judicial Program Pre-Leg II - 2014 1

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

Review of Stare Decisis 3

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

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

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

Legal Argument 7

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

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

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

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

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

Anatomy of Cited Cases 13

NOT a viable citation LEXIS format Opinion begins here 14

Opinion begins here Westlaw format 15

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

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

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

Analysis of Cited Cases One Option The CWT Method 19

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

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

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

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

Bench Memo (cue the ominous music) 24

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

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

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

When in doubt about comma needs, check! 28

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

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

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

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

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

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

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. 35

Oral Advocacy In a nutshell 36

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

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

Dates to Remember Bench Memo due : January 26 (e-mail 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

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 40

How to contact us step 1 41

How to contact us step 2 42

How to contact us step 3 43