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Rules & Case AnalysisAnbalRosario Lebrn
August 19th, 2010
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Active
Reflective
Sensing
Intuitive
Visual
Verbal
Sequential
Global
10
16
13
4
16
9
11
9
8
1
9
7
7
3
10
7
3
1
3
3
3
4
0
2
Learning Styles B3
1-3 5-7 9-11
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Types of Rule
Mandatory
Prohibitory
Discretionary
Declaratory
Components of a Rule
Test Result
Casual Term
Exceptions*
Another way of looking at rules
Elements Test
Balancing Test
Totality Test
Exception test
For the deed to be valid, it must be signed by a
notarypublic
The evidence of prior bad acts will be admitted if the
probativevale outweighsthe prejudice to the defendant.
The court will find a person is under police custody if under the
totality of the circumstances, a reasonable person would haveunderstoodthe meeting with the policeas such.
In order to search a home police need a warrant and
probable cause except to perform a protective weep or a
search incidentto arrest.
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Exercise A
Strike the paper Unless the omission of signing it is
promptly corrected by the attorneyor the party
1. An unsigned paper2. after being called to the
attorneys or partys attention
the
court
must
What events or circumstances set the rule
into operation?
When all the elements are
present, what happens?
Even if all the elements are
present, could anything
prevent the result?
MANDATORY WITH AN EXCEPTION
Exercise B
Impose any appropriate
sanction on any attorney, lawfirm, or party that violated the
rule or is responsible for the
violation
1. the Court determined Rule
11(B) has been violated
2. notice
3. reasonable opportunity to
respond
the
court
may
What events or circumstances set the rule
into operation?
When all the elements are
present, what happens?
Even if all the elements are
present, could anything
prevent the result?
DISCRETIONARY
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Exercise C
Held the law firm
jointly responsible Absent exceptionalcircumstances
1. Violation committed by the
firms partner, associate or
employee
the
court
must
What events or circumstances set the rule
into operation?
When all the elements are
present, what happens?
Even if all the elements are
present, could anything
prevent the result?
MANDATORY WITH AN EXCEPTION
Exercise D
Not apply
(not applicable)
1. disclosure and discovery
request/response/objection/
motion under Rules 26-37
Rule 11
(a) Does
(is)
What events or circumstances set the rule
into operation?
When all the elements are
present, what happens?
Even if all the elements are
present, could anything
prevent the result?
DECLARATORY
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Good Lawyers are Good Readers
Characteristics of a Good
Reader/Lawyers
Read & Reread the material until you are sure
that you understand it
Synthesize the Cases/Statutes that you read
Place Cases/Statutes into their social &
historical context
Judge the Cases/Statutes you read
Read for a Specific Purpose
Understand that Cases/Statutes can be read in
more than one way
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Anatomy of the Judicial Decision
Procedural Events
Pleaded or EvidentiaryEvents
Issues
Summary of Arguments
Holding
Applicable Law
Rationale
Dicta (Obiter Dictum) Disposition
Heading Summary*
Headnotes*
Syllabus*
Preface
Facts
Applicable Law
Application of the Law tothe Facts
Holding Disposition
Non Majority Opinions
Heading
Summary
Headnotes
Syllabus
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Preface
Facts
Applicable
Law
Application
of the Law
to the Facts
Holding
Disposition
Concurring
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How to Analyze a Case
Heading = Credits Facts = Plot
Issue = Conflict of the Story
Holding = What they never
tell in the review
Rationale = The reasons that
explain characters
actions or choices
Comments = Awards,
Interesting Data,Critique
Usual questions in a case discussion What happened in the case?
What is the issue?
What is the decision of the Court?
What is the rationale of the Court?
What is the significance of the decision in termsof previous precedent?
What are the policies underlying the decision?
What is the position of the concurring judge?
How would you describe the rule that comesfrom the case?
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Assignment Read:
Neumann: 71-75; 193-202;139-151.
Exercise on page 150. (To hand in)
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