1 / 35

Illinois YMCA Youth and Government

Illinois YMCA Youth and Government. Judicial Program Pre-Leg II - 2012. Agenda. Big Group Stuff Part 1 (about 60 minutes) Introductions, Attendance, Other “Official” Stuff Review stare decisis and hierarchy of courts Legal Argument/IRAC Analysis of Cited Cases (about 90 minutes)

denise
Download Presentation

Illinois YMCA Youth and Government

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Illinois YMCAYouth and Government Judicial Program Pre-Leg II - 2012

  2. Agenda • Big Group Stuff Part 1 (about 60 minutes) • Introductions, Attendance, Other “Official” Stuff • Review stare decisis and hierarchy of courts • Legal Argument/IRAC • Analysis of Cited Cases (about 90 minutes) • Big Group Stuff Part 2 (about 45 minutes) • Bench Memo Expectations • Oral Argument • Upcoming Dates/Schedule • Wrap-Up

  3. Review of Stare Decisis

  4. Stare Decisis Definition “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 Consistency breeds confidence in the legal system People are supposed to know what the rules are

  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…

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

  7. Legal Argument

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

  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?

  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

  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

  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.”

  13. Anatomy ofCited Cases

  14. 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

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

  16. 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

  17. Bench Memo(cue the ominous music)

  18. What is Y&G looking for • Format and Appearance • Writing Quality • Legal Research • Legal Reasoning (Legal Argument) But the priorities are: • Legal Reasoning (12 points) • Format & Appearance (5 points) • Writing Quality (5 points) • Legal Research (3 points)

  19. Format and Appearance • Font • Preferred font/size is Times New Roman 12 point. • Spacing • Double-spaced • 1” margins • Cover Page • Reminder: make sure you correctly list that your team is for the Defendant-Appellant or State-Appellee!!!! • Points and Authorities • Reminder: you must use (and are limited to) ALL four cited cases for each issue in the Appeal Facts

  20. 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

  21. 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

  22. Legal Research • Y&G uses closed research • We provide you with 4 cases for each issue • You MUST use all 4 cited cases in each argument

  23. 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…

  24. 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…”)

  25. How to cite a case • The full citation is located at the top of the first page of the opinion. • only needed the firsttime 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)

  26. “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).

  27. 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.

  28. Oral Advocacy “In a nutshell”

  29. 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

  30. 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 • ANSWER THE QUESTION • The question presented for your issue • Each question asked by a Justice

  31. Dates to Remember • Bench Memo due : January 28 (e-mail “postmark”) • Prepare to serve as a Justice-Review other Y&G case & cited cases : 1/29-2/15(or so) • Can also begin work on Oral Argument • Receive opponent’s brief : 2/25-2/28 • Finalize Oral Argument • Springfield Main Event : 3/15/13

  32. 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”

  33. How to contact us – step 1

  34. How to contact us – step 2

  35. How to contact us – step 3

More Related