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CHAPTER 3

CHAPTER 3. The Starting Point: Analyzing Facts and Identifying Legal Issues. The Bluebook Rule 15.8 Legal Dictionary Citations. Black’s Law Dictionary 657 (7 th ed. 1999). A Legal Dictionary Citation. The Bluebook Rule 15.8 Legal Dictionary Citations.

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CHAPTER 3

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  1. CHAPTER 3 The Starting Point: Analyzing Facts and Identifying Legal Issues

  2. The BluebookRule 15.8 Legal Dictionary Citations Black’s Law Dictionary 657 (7th ed. 1999). A Legal Dictionary Citation

  3. The BluebookRule 15.8 Legal Dictionary Citations Black’s Law Dictionary657 (7th ed. 1999). Dictionary Title

  4. The BluebookRule 15.8 Legal Dictionary Citations Black’s Law Dictionary657 (7th ed. 1999). Page

  5. The BluebookRule 15.8 Legal Dictionary Citations Black’s Law Dictionary 657 (7th ed. 1999). Edition

  6. The BluebookRule 15.8 Legal Dictionary Citations Black’s Law Dictionary 657 (7th ed. 1999). Year

  7. Basic Fact Categories • Relevant Facts: Essential facts • Explanatory Facts: Clarify relevant facts • Legally Unimportant Facts: No true role

  8. Factual Comparisons • Factual Similarities • Factual Unknowns • Factual Differences

  9. Legal Issues • Legal issues are questions presented to the court for resolution • In present cases, issues are found in the pleadings • Causes of action • Affirmative defenses • In reporting cases, issues are often found following the judicial history of the case

  10. Legal Issues • A properly written issue contains: • The legal question • Pertinent facts related to the legal question • Seek to create a prima facie case with a properly written issue or issues

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