- Last 7 days
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docdrop.org docdrop.orgv15n31
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his shorthand suggests that legal analysis is generally a matter ofdiscerning similarities among cases, and, concomitantly, that oncesimilarities are noted, the case has (as it were) been made. But this
I think this sentence makes a good point. reading similar cases is certainly a huge step in making the case, but there are many other factors to consider that are deeper than this, which i'm sure they will dive into. The one that comes to mind for me is context. The context could help to understand why a court interpreted a case the way it did, which could have an impact on how they view your case. interpretations can be changed.
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- Oct 2024
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n new orrapidly developing fields, these recentcases sometimes bring into the rule anew emphasis or even change theweight of authority. This is an im-portant step; lawyers who omit it—asa few do—are sometimes embarrassedlater by their oversight.
That has to be frustrating- doing all that research, thinking you have the right case law in hand only to find out that there is new law that changes your support. This I hope will make me weary of neglecting to stay current on decisions in my field of practice, so i'm not as easily surprised. On the contrary, It'll make me more prepared for changes in law.
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- Sep 2024
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docdrop.org docdrop.org
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It goes withoutsaying (but I’m still going to say it) that if lawyers submit well-written briefs thatcomply with court rules, this aids the adjudicative process because judges can“resolve the questions presented without unnecessary detours to decipher uncleararguments or correct misstatements of case law.”
This seems to go along with many different principles in different areas of law that promote efficiency. Contracts to name one, has a ruling principle that states one of the reasons we try to make contracts efficient is so we can get and give things that are important to us is an effective way. My point; law has a common theme of efficiency, and good legal writing is a crucial step in achieving it.
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Professional conduct requires an attorney to provide competent representation, andwriting skills are one aspect of competence.”!
This seems like common sense to me. Of course you cannot provide competent representation if you cannot effectively convey your competence to anyone. Someone can have all the legal knowledge in the world, but unless that person can apply that legal knowledge to the situation at hand and then convey it to others, that person might as well know less than they really do. They are effectively less helpful.
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