Lesson: 1A / 17A (Note: This class often serves as the opening class for the course, as it trains students to analyze legal issues using a formal method of legal inquiry.)
Topic: Analyzing legal issues.
Objective:
Through this exercise, the student will learn how to analyze legal issues using a formal method of legal inquiry: namely, the traditional briefing process.
Through this exercise, students will come to understand and differentiate between:
facts of a case (An objective description of what transpired, using only positive language.)
issues (The questions that are raised by this specific case. Issues must always end with a question mark.)
ratio dicidendi (an adjudicator's reasoning with respect to the issues)
holding (the adjudicator's final decision)
In addition, students will learn to differentiate between "positive" statements (which describe events in a completely non-biased way, with no overt or implied opinions or value-judgments) and "normative" statements (which describe events in a biased way by inserting overt or implied opinions or value-judgments).
Examples:
Normative statement: "I gave you plenty of class time to work on that project" (In this case, "plenty" is a judgment regarding the time provided to the class. It is not an objective statement describing the actual amount of time provided.)
Positive statement: "I gave you three full class periods to work on that project."
Method of Instruction and Evaluation:
Students will break into groups of three to five students. Students will then share with their groups a true story about a time when they felt they were treated unjustly. In other words, they will describe a conflict between themselves and another party wherein they felt that they were clearly in the right, and the other party was clearly in the wrong. Groups will pick one of the cases to brief.
All of the groups will start by writing out just the "facts" of their case. Once the facts are completed, they will then pass on their facts on to the next group (moving in a clockwise direction). The next group will then extract the "issues" that arise from the facts provided. Once the issues are complete, the groups will pass the partially completed briefs around again. Groups will then attempt to reason through the facts and the issues in an attempt to answer the questions raised. This same group will also present a final holding regarding the primary issue raised by the case.
Groups will then share their completed briefs with the class. In listening to each other's briefs, the class will attempt to identify:
any facts that are expressed on normative language,
any facts that are immaterial to the questions raised within the issues,
any issues raised by the facts that were not outlined within the brief, as well as
any issues raised in the brief that are not relevant to the central concern of the case (i.e. peripheral as opposed to central).
Expectations Addressed:
The "Methods of Legal Inquiry and Communication" strand of the CLN4U Ministry of Education Curriculum Guidelines outlines all of the following specific expectations. By the end of this class, the student will be able to address those specific expectations that have been highlighted below.
Research:
formulate questions that lead to a deeper understanding of a legal issue;
conduct research on legal topics, using traditional and non-traditional sources of information (e.g., law-related websites, primary and secondary source documents, legal professionals);
evaluate the credibility of sources and information by checking for logical errors, accuracy, and underlying assumptions, including prejudices, biases, stereotyping, or a lack of substantiation for statements, arguments, and opinions;
classify and clarify information using organizers, graphs, charts, and diagrams;
compile summary notes in a variety of forms and for a variety of purposes (e.g., research and preparation for debates, oral presentations, mock trials, tests, examinations);
identify various career opportunities in the legal field (e.g., paralegal, community legal worker, criminologist).
Interpretation and Analysis:
distinguish among opinions, facts, and arguments in sources;
draw conclusions based on analysis of information gathered through research and awareness of diverse legal interpretations (e.g., case studies);
apply an analytical/inquiry method to legal issues (e.g., choose a subject, formulate a question, develop a research plan, gather information, distinguish between opinions and facts, decide on an interpretation, write and present their analysis).
Communication:
express opinions, ideas, arguments, and conclusions, as appropriate for different audiences and purposes, using a variety of styles and forms (e.g., mock trials, case studies, interviews, debates, reports, papers, seminars), as well as visual supports (e.g., graphs, charts, organizers, illustrations);
use an accepted form of documentation (e.g., footnotes, endnotes, or author-date citations; bibliographies or reference lists) to document all information sources, including electronic sources;
use correct legal terminology to communicate legal concepts, opinions, and arguments.
For assistance on writing a brief, please refer to the following online resources: