2007-08-09 16:00:10 · 5 answers · asked by goodies024 1 in Politics & Government ➔ Law & Ethics
Errr........depends on the facts, and the law that addresses those kind of facts. It's different for each set of facts, and each case.
2007-08-09 16:05:45 · answer #1 · answered by alokpinto 2 · 0⤊ 0⤋
Figure out the Rule that the court used in the case. Then plug your facts into the elements of that Rule. It is very simple to do. Just like doing a math problem.
2007-08-09 16:33:24 · answer #2 · answered by cyanne2ak 7 · 0⤊ 0⤋
A broad set of facts is whittled down to specific 'findings of fact', and these in turn are applied to the statutes and laws to form the 'legal conclusions' and rulings. This is summarized in the court opinion.
Some judges do it bass ackwards and make legal decisions not supported by the facts, and then go back and stuff big square facts into little round holes to make findings that appear to support their decision.
2007-08-09 16:15:52 · answer #3 · answered by Ronin 2 · 0⤊ 0⤋
You have to identify the holding of the court opinion and the scope, along with the jurisdiction of the court.
2007-08-09 16:08:13 · answer #4 · answered by abzolut 3 · 0⤊ 0⤋
find out what the courts find to be the rule on the subject....compare your facts to that of the case you read...if there are more differneces than similarities...probably not the best case to use
2007-08-10 02:29:09 · answer #5 · answered by JS 4 · 0⤊ 0⤋