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I need help with one of my legal classes. We are studying a case where the defendant runs a red light therefore causing the plantiff substantial injury and medical cost. General damages are in excess of 100,000 , special damages in excess of 75,000, plantiff has some permanent dissability, plantiff might not be able to perform in current occupation or in near future, diversity of citizenship jurisdiction is also an issue. How would I place all this information into facts, issues, rule, analysis, conclusion.

2007-05-04 16:58:25 · 3 answers · asked by mommy soprano 1 in Politics & Government Law & Ethics

3 answers

Hire a lawyer!

2007-05-04 17:02:30 · answer #1 · answered by cantcu 7 · 0 0

The way I do it is to read over everything first and decide what the courts will find legally significant, then go and write a facts section including only what is legally significant.
To get your issues you simply think about what it is that you are asking the court. If you are asking if A is liable to B for injuries suffered by B when A ran a red light, then you would say is A liable to B for negligence when A ran a red light and crashed his car into A's and A now suffers from some permanent disability... just what you are asking and what the legally significant facts for that particular question will be.
The rule is always the rule of law that you will use.. in a car crash you would be using negligence, so the rule would be negligence consists of (1) a duty of care, (2) a breach of that duty, (3).. and so on.
Analysis is too hard to explain on here when I don't know all of the facts or research cases.. feel free to contact me on IM if you think I might be able to help.

2007-05-04 17:10:03 · answer #2 · answered by ? 3 · 0 0

What you are describing is called "briefing" a case, and is a very common method of keeping track of cases in law school coursework (there are many) for ease of reference. Below is a link to a general format. It describes best how to include only the most important aspects of the case you described for study. Good luck!

2007-05-04 17:23:54 · answer #3 · answered by AJGLaw 3 · 0 0

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