Term
| Purpose of Legal Writing? |
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Definition
- Predictive
- Persuasive
- Rule of Law
i. Explains the test for deciding legal issue |
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Term
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Definition
– How the ct will rule on an issue
- In house Memo |
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Term
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Definition
– Attempts to convince the ct on a issue
- File in ct |
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Term
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Definition
| - Explains the test for deciding legal issue |
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Term
| What are the Common Rule Structures? |
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Definition
- Conjunctive test
- Disjunctive test
- Factors (Aggregate) test
- Balancing test
- Rule with exceptions
- Rule with no subparts |
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Term
| What is the Conjunctive test? |
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Definition
- Mandatory elements (ie)
- And/or/;
- ie Burglary = state must prove all of the following
a. Breaking;
b. Entering; |
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Term
| What is the Disjunctive test? |
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Definition
- Either/Or Rule (ie)
- ie Assault is an intentional causing of an apprehension of the following:
1. Harmful contact
2. Offensive contact |
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Term
| What is the Factors (Aggregate) test? |
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Definition
- Not required
- Flexible standard guided by certain factors (ie)
1. Custody shall be decided. Factors to consider is:
a. Fitness
c. Relationship |
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Term
| What is the Balancing test? |
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Definition
- Balances countervailing considerations against each other.
- (ie) Party must respond to the following interrogatives:
a. The burden of answering
i. The time
ii. The cost |
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Term
| What is the Rule with exceptions? |
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Definition
- Any rule structure may have an exception.
- (ie)A lawyer shall not prepare documents except:
a. Gift is insubstantial
b. Client is related |
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Term
| What is the Rule with no subparts? |
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Definition
- Simple declarative rule with no elements, factors or subparts (ie)
1. To be valid, a will must be signed |
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