How do I spot issues in legal cases? How do I phrase the facts and conflicts into issues for class? I know there is no "how-to" but some hints would help for law school.
2006-12-31 09:45:30 · 2 answers · asked by Karen B 1 in Education & Reference ➔ Higher Education (University +)
I've found it really helpful to read either the LexisNexis or Westlaw briefs before reading the case so that I know what the case is about, in general
Good luck!
2006-12-31 10:03:04 · answer #1 · answered by jdphd 5 · 0⤊ 0⤋
I'm not a lawyer but I do know how contracts work. Most people are willing to be cool with their business associates, but some people are shady, and desire something for nothing. These people will point out any loophole they can find that makes someone else look wrong (pay me!) or look as though they owe more (pay me again). Pretend to be one of those people when looking through a contract.
What is vague? What kind of loopholes could a fast-talking lawyer open up, or even create, out of the vaguery?
What extra things can be snuck in or rephrased to give one side an advantage? A time limit to respond? Does one side need to give more, only to receive less? Could something be reworded to imply that, if not stating it outright? Could something be snuck into a large document, without the "opposition" realizing?
You could always take an example document, mess with it a little, and then hand it to your students to dissect. Then let them rewrite it for their own advantage (make them pretend to be pricks). Then have them rewrite it to be win-win and egalitarian.
That's all I've got.
2006-12-31 09:57:41 · answer #2 · answered by wood_vulture 4 · 0⤊ 1⤋