Legal briefing and summarizing
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This document discusses legal briefs and summarizing court cases. It defines a legal brief as a short summary of a case and notes they can be made by law students or attorneys. For attorneys, a brief outlines a client's grievance and which laws should prevail in their lawsuit. For law students, a brief summarizes a case from inception to judgment, discussing the court's opinion and legal interpretations. Effective briefs are written in past tense, contain a point-wise sequence of events, and include the key parts of a case like parties, citation, facts, issues, holding, and reasoning.
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In political science, sovereignty is usually defined as the most essential attribute of the state in the form of its complete self-sufficiency in the frames of a certain territory that is its supremacy in the domestic policy and independence in the foreign one.
John Bodin defines sovereignty “The supreme power over citizens and subjects, unrestrained by law.”
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1 How to Brief a Case Prepared for the Legal S.docx
1
How to Brief a Case
Prepared for the Legal Studies Program
American Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like a “book report,” but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
Under the doctrine, a prior court’s decision serves as “authority” for a subsequent court which
will address the same or similar issue. Therefore, understanding a court’s decision and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brief is a tool by means of which to “capture” or outline the most important
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
quotes from the court’s opinion. The brief should be written in your own words, based on your
understanding of the case. Of course, select quotes of the court’s words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
Often, your textbooks will contain synopses of or abbreviated versions of courts’
opinions. When you want to understand a court’s decision, it is essential that you read the entire
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and Citation: As a header on the first page of your brief, you should state
the name of the case, identify each party’s role in the cas ...
Judicial OpinionsOverview After the simulation, justices writ.docx
Judicial Opinions
Overview: After the simulation, justices write judicial opinions in reaction to the oral argument, merits briefs, conference, and draft opinions as well as the facts of the case, Constitution, and case law. Justices circulate drafts so they know how their colleagues plan to rule and why, and so they can respond to one another in their final judicial opinion draft.
Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions).
Opinions should contain the following five elements, in the following order:
1. an introductory statement of the nature, procedural posture, and prior result of the case;
2. a statement of the issues to be decided;
3. a statement of the material facts;
4. a discussion of the governing legal principles and resolution of the issues; and
5. the disposition and necessary instructions.
Each of these is developed further below.
Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy.
Introduction
The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following:
1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.)
2. The procedural and jurisdictional status: relevant prior proceedings, and how the case got before the court should be outlined.
Statement of issues
The statement of issues is the cornerstone of the opinion; how the issues are formulated determines which facts are material and what legal principles govern. Judges should not be bound by the attorneys’.
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Sovereignty means the supreme, absolute, and uncontrollable power by which any independent state is governed; supreme political authority; the supreme will; paramount control of the constitution and frame of government and its administration; the self-sufficient source of political power, from which all specific political powers are derived; the international independence of a state, combined with the right and power of regulating its internal affairs without foreign dictation; also a political society, or state, which is sovereign and independent.
The power to do everything in a state without accountability, to other countries, to execute and to apply them, to impose and collect taxes and levy contributions, to make war or peace, to form treaties of alliance or of commerce with foreign nations.
The concept of ‘sovereignty’ is one of the most complex, with many definitions, some are totally contradictory. Usually, sovereignty is defined in one of two ways. The first definition applies to supreme public power, which has the right and, in theory, the capacity to impose its authority in the last instance. The second definition refers to the holder of legitimate power, who is recognized to have authority.
When national sovereignty is discussed, the first definition applies, and it refers in particular to independence, understood as the freedom of a collective entity to act. When popular sovereignty is discussed, the second definition applies, and sovereignty is associated with power and legitimacy.1
There are various definition of sovereignty which has been defined by academicians and philosophers they are as follows:
In political science, sovereignty is usually defined as the most essential attribute of the state in the form of its complete self-sufficiency in the frames of a certain territory that is its supremacy in the domestic policy and independence in the foreign one.
John Bodin defines sovereignty “The supreme power over citizens and subjects, unrestrained by law.”
Grotius defines sovereignty as “The supreme political power vested in him whose acts are not subject to any other and whose will cannot be overridden”.
Also definition of Sovereignty by Soltau is “Final legal coercive power by the state”.
locus standi
Locus standi, or standing to sue, refers to the ability of a person to bring a case to court. Traditionally, only a directly injured party had standing. However, through public interest litigation (PIL), the Indian judiciary has expanded standing to allow public-spirited citizens and organizations to file cases on behalf of the public interest or vulnerable groups. Notable cases that expanded locus standi include S.P. Gupta v. UOI and Bandhua Mukti Morcha v. UOI. PIL differs from traditional locus standi by allowing strangers to file cases against the state as representatives of the public interest. The expansion of standing through PIL has helped develop justice and remove ambiguities.
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This presentation gives us more insight about the on-going debate about the selection process of High Court and Supreme Court Judges.
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Sovereignty political science
The document discusses the concept of sovereignty from various perspectives. It begins with definitions from early theorists like Jean Bodin and explores different types of sovereignty such as titular vs actual. It then analyzes attributes of sovereignty like permanence and indivisibility. The document also covers criticism of theories from thinkers like Austin and examines the Islamic concept of sovereignty, noting attributes like universality and absolutism. It concludes by arguing that while a democratic entitlement is superficially attractive, it could endanger peace and security.
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The classification of states or government by ancient Greek Aristotle and modern classification by modern writers and own views
Supreme Court
The document discusses the structure and powers of the Supreme Court of India, describing its composition of the Chief Justice and 30 other judges, the qualifications and appointment process for judges, and the key powers and jurisdictions of the Supreme Court including its original, appellate, advisory and revisory jurisdiction as well as the power of judicial review. It also examines the independence of the judiciary and outlines the administrative functions of the Supreme Court.
Political thought- Aristotle Views on Slavery
Aristotle justifies slavery on three grounds: nature, usefulness, and expediency. He argues that nature provides different people with different qualities and abilities, with the superior meant to rule over the inferior. Aristotle asserts that slavery benefits both masters and slaves, as it allows masters leisure to focus on public affairs while slaves can elevate themselves by sharing their masters' virtues. He claims slavery was essential to the Greek economy and social order at the time.
PLATO's political thought on Justice
Plato's theory of ideal state included compulsory education managed by the state, divided into elementary and higher education with three phases. The first phase focused on gymnastics, music, and mathematics from ages 0-18. The second phase from ages 21-35 included dialectics, geography, astronomy and other subjects. The third phase after age 35 involved further studies abroad. Plato also proposed a theory of communism with functional specialization, non-interference between classes, and social harmony. His theory of justice aimed to differentiate classes based on aptitude tests.
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Similar to Legal briefing and summarizing
1 How to Brief a Case Prepared for the Legal S.docx
1
How to Brief a Case
Prepared for the Legal Studies Program
American Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like a “book report,” but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
Under the doctrine, a prior court’s decision serves as “authority” for a subsequent court which
will address the same or similar issue. Therefore, understanding a court’s decision and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brief is a tool by means of which to “capture” or outline the most important
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
quotes from the court’s opinion. The brief should be written in your own words, based on your
understanding of the case. Of course, select quotes of the court’s words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
Often, your textbooks will contain synopses of or abbreviated versions of courts’
opinions. When you want to understand a court’s decision, it is essential that you read the entire
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and Citation: As a header on the first page of your brief, you should state
the name of the case, identify each party’s role in the cas ...
Judicial OpinionsOverview After the simulation, justices writ.docx
Judicial Opinions
Overview: After the simulation, justices write judicial opinions in reaction to the oral argument, merits briefs, conference, and draft opinions as well as the facts of the case, Constitution, and case law. Justices circulate drafts so they know how their colleagues plan to rule and why, and so they can respond to one another in their final judicial opinion draft.
Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions).
Opinions should contain the following five elements, in the following order:
1. an introductory statement of the nature, procedural posture, and prior result of the case;
2. a statement of the issues to be decided;
3. a statement of the material facts;
4. a discussion of the governing legal principles and resolution of the issues; and
5. the disposition and necessary instructions.
Each of these is developed further below.
Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy.
Introduction
The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following:
1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.)
2. The procedural and jurisdictional status: relevant prior proceedings, and how the case got before the court should be outlined.
Statement of issues
The statement of issues is the cornerstone of the opinion; how the issues are formulated determines which facts are material and what legal principles govern. Judges should not be bound by the attorneys’.
1 How to B rief a Case Prepared for the L eg
1
How to B rief a Case
Prepared for the L egal Studies Program
Amer ican Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the Delahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was decided.
2. Facts ...
1 How to B rief a Case Prepared for the L eg.docx
The document provides instructions for writing a case brief, which is a concise summary of a legal case. It explains that a case brief should include: 1) the case name and citation, 2) the facts, 3) the procedural history, 4) the issue(s) before the court, 5) the court's holding on each issue, 6) the court's reasoning, 7) the decision, and 8) any additional comments. The document provides an example case brief analyzing whether gun manufacturers can be held strictly liable for injuries from criminal use of their guns.
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Lexhawk headnote writing services 1
Head note, a term in the circle of courts and cases, is a summary of the case judgment usually written by the third party like, editors or experts on law, before the judgment description so that it gives the overview of the judgment published. Often it is not mandatory but proves to be helpful to get a glimpse of the court law. The headnote does serve as legal requirements.
With a panel of writers who have their expertise in legal writing and making inferences, develop this headnote of every case. In case of the trial shifted to another court in due course, this headnote provides the required glimpse of all the proceedings of the trial in question covering all the legal aspects. It is essential to know what was the occurring and the state of the case as on date. Due consideration while drafting the headnote to not change the nature of the trial is essential.
Email: info@lexhawk.com
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How to Brief a Legal Case
This document provides instructions for how to brief a legal case. It explains that a case brief is a condensed summary of a court opinion that includes the facts, issue, holding, and application of the law to the facts. It provides examples of basic and more detailed case brief formats. The document concludes by summarizing a sample case brief for Mapp v. Ohio to demonstrate what a finished brief looks like.
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The criminal justice
process involves a series of steps that are followed when dealing with a criminal case. While the specific details may vary depending on jurisdiction, here is a general overview of the 12 steps involved in the criminal justice process:
Investigation: The process begins with an investigation conducted by law enforcement agencies. Evidence is gathered, witnesses are interviewed, and the facts of the case are established.
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Initial Appearance: The suspect is brought before a judge for their initial appearance, usually within 48 hours of the arrest. During this hearing, the charges are formally presented, the defendant is informed of their rights, and bail may be set.
Bail: If bail is set, the defendant may have the opportunity to be released from custody by posting bail. This is a financial guarantee to ensure the defendant’s appearance in future court proceedings.
Grand Jury or Preliminary Hearing: In some jurisdictions, a grand jury or preliminary hearing is conducted to determine if there is enough evidence to proceed to trial. This step is not present in all cases and varies depending on the jurisdiction.
Arraignment: The defendant appears in court for the arraignment, where they are formally notified of the charges against them. They enter a plea of guilty, not guilty, or no contest. If the defendant pleads guilty or no contest, the case may proceed to sentencing. If they plead not guilty, the case moves to the next step.
Discovery and Pre-trial Motions: The prosecution and defense exchange information and evidence through a process known as discovery. Pre-trial motions may also be filed by the defense, challenging the admissibility of evidence or requesting specific legal rulings.
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civil procedures for the injustice with legal framework.
civil procedures for the injustice with legal framework. All legal frame work from filling suit to judgement.
Judgment and decree
Know the difference between Judgement and decree as per CPC.
Helpful for students and law professionals.
You can also visit my YouTube channel: CS Bhuwan Taragi –The law talks
You can connect me on:
Telegram: https://t.me/TheLawTalks
Facebook Page: The Law Talks
LinkedIn: https://www.linkedin.com/in/csBhuwanTaragi
Instagram: the_law_talks
Podcast: https://anchor.fm/thelawtalks
You can watch these Company law topics as well:
Audit committee: https://youtu.be/3oRgCc5uZ-4
Related party transaction: https://youtu.be/p7pf8iW-gTk
Sweat equity shares: https://youtu.be/7vY59DdlPrE
Types of Directors: https://youtu.be/COWYEcZ-0Qo
Loan to Directors: https://youtu.be/oAcOSQJwNgY
Holding and subsidiary definition: https://youtu.be/_ttqn39IjNE
Director Identification no. : https://youtu.be/AGty3SqbOMM
Difference between MOA & AOA: https://youtu.be/TmnRc2TRxTw
Annual General Meeting: https://youtu.be/0Jxtegi2IGg
Requirement of MGT-14: https://youtu.be/6kYdXpbDABM
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四.办理各国各大学文凭(一对一专业服务,可全程监控跟踪进度)
如果您处于以下几种情况：
◇在校期间，因各种原因未能顺利毕业……拿不到官方毕业证【q/微741003700】
◇面对父母的压力，希望尽快拿到；
◇不清楚认证流程以及材料该如何准备；
◇回国时间很长，忘记办理；
◇回国马上就要找工作，办给用人单位看；
◇企事业单位必须要求办理的
◇需要报考公务员、购买免税车、落转户口
◇申请留学生创业基金
留信网认证的作用:
1:该专业认证可证明留学生真实身份
2:同时对留学生所学专业登记给予评定
3:国家专业人才认证中心颁发入库证书
4:这个认证书并且可以归档倒地方
5:凡事获得留信网入网的信息将会逐步更新到个人身份内，将在公安局网内查询个人身份证信息后，同步读取人才网入库信息
6:个人职称评审加20分
7:个人信誉贷款加10分
8:在国家人才网主办的国家网络招聘大会中纳入资料，供国家高端企业选择人才
Patenting_Innovations_in_3D_Printing_Prosthetics.pptx
slide deck : Patenting innovations in 3D printing
XYZ-v.-state-of-Maharashtra-Bombay-HC-Writ-Petition-6340-2023.pdf
असंगत न्यायालयी फैसलों के कारण भारत में महिलाओं को सुरक्षित गर्भपात के लिए एक भ्रामक और अनुचित कानूनी लड़ाई का सामना करना पड़ रहा है।
一比一原版(Lincoln毕业证)新西兰林肯大学毕业证如何办理
Lincoln硕士毕业证成绩单【微信95270640】办理新西兰林肯大学毕业证原版一模一样、Lincoln毕业证制作【Q微信95270640】《新西兰林肯大学毕业证购买流程》《Lincoln成绩单制作》新西兰林肯大学毕业证书Lincoln毕业证文凭新西兰林肯大学
本科毕业证书,学历学位认证如何办理【留学国外学位学历认证、毕业证、成绩单、大学Offer、雅思托福代考、语言证书、学生卡、高仿教育部认证等一切高仿或者真实可查认证服务】代办国外（海外）英国、加拿大、美国、新西兰、澳大利亚、新西兰等国外各大学毕业证、文凭学历证书、成绩单、学历学位认证真实可查。
[留学文凭学历认证(留信认证使馆认证)新西兰林肯大学毕业证成绩单毕业证证书大学Offer请假条成绩单语言证书国际回国人员证明高仿教育部认证申请学校等一切高仿或者真实可查认证服务。
多年留学服务公司,拥有海外样板无数能完美1:1还原海外各国大学degreeDiplomaTranscripts等毕业材料。海外大学毕业材料都有哪些工艺呢？工艺难度主要由：烫金.钢印.底纹.水印.防伪光标.热敏防伪等等组成。而且我们每天都在更新海外文凭的样板以求所有同学都能享受到完美的品质服务。
国外毕业证学位证成绩单办理方法：
1客户提供办理新西兰林肯大学新西兰林肯大学毕业证学位证信息：姓名生日专业学位毕业时间等（如信息不确定可以咨询顾问：我们有专业老师帮你查询）；
2开始安排制作毕业证成绩单电子图；
3毕业证成绩单电子版做好以后发送给您确认；
4毕业证成绩单电子版您确认信息无误之后安排制作成品；
5成品做好拍照或者视频给您确认；
6快递给客户（国内顺丰国外DHLUPS等快读邮寄）
— — — — 我们是挂科和未毕业同学们的福音我们是实体公司精益求精的工艺！ — — — -
一真实留信认证的作用(私企外企荣誉的见证):
1：该专业认证可证明留学生真实留学身份同时对留学生所学专业等级给予评定。
2：国家专业人才认证中心颁发入库证书这个入网证书并且可以归档到地方。
3：凡是获得留信网入网的信息将会逐步更新到个人身份内将在公安部网内查询个人身份证信息后同步读取人才网入库信息。
4：个人职称评审加20分个人信誉贷款加10分。
5：在国家人才网主办的全国网络招聘大会中纳入资料供国家500强等高端企业选择人才。问山娃想买什么想吃什么山娃知道父亲赚钱很辛苦除了书籍和文具山娃啥也不要能牵着父亲的手满城闲逛他已心满意足了父亲连挑了三套童装叫山娃试穿山娃有点不想父亲说城里不比乡下要穿得漂漂亮亮爸怎么不穿得漂亮望着父亲山娃反问道父亲听了并不回答只是吃吃地笑山娃很精神越逛越起劲父亲却越逛越疲倦望着父亲呵欠连天的样子山娃也说困了累了回家吧小屋闷罐一般头顶上的三叶扇彻夜呜呜作响搅得满屋热气腾腾也搅得山娃心烦意乱父亲一的
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Legal briefing and summarizing
- 1. Legal Briefing & Summarizing
- 2. Definition and types • A Legal brief is a short summary of a case. • It is of two types: Made by a Law StudentMade by an Attorney
- 3. Brief: Made by an Attorney • The attorney, while submitting a motion in front of the court, makes a brief outline of the grievance suffered by his / her client. • Also mentions, under application which acts, his/her case should prevail over the other party (or parties) to that lawsuit. • This is called briefing by Attorney, done to save time of the court.
- 4. Briefing by a Law Student: Summary of a judgment • Typically this is used for more effective self- study. • This document contains a reduced and summarized form of court opinion. • Summarizes the trail of a case from its inception through its judgement. • Mainly discusses the court’s opinion, interpretation of laws, and application of the same in deciding the judgement.
- 5. Briefing: Points to remember • A brief is written in 3rd person and in Past Tense. • Should contain point-wise sequence of events. Just outline of the events are required. • In case of Lawyer’s briefing, events that happened, and action desired from court, are presented in Argument form.
- 6. Briefing: Points to remember • The writer of the brief signs in the end, with a mention of date. • Since a brief is not a letter, we do not write “Yours Sincerely” in the end.
- 7. Parts of a Brief 1. Name of the case This includes name of the two parties involves. It also mentions the name of the court, and the date of the judgment. 2. Citation This is a reference to the online or print medium where the case is published. It allows the readers of the brief to cross check the facts presented.
- 8. Parts of a Brief 3. Prior Proceedings This is an optional element. If the case has involved multiple courts before coming to the final court, a point-wise summary of the judgments given by them is required. 4. Facts This includes a brief statement of what has exactly happened. An outlining of incidents, leading to the filing of case in the court is mentioned. 5. Issue of the case The argument of the case, on which deliberation happens in court.
- 9. Format of a Brief: Things to include 6. Holding This refers to the position taken by the court. Holding simply means whether the court found a person guilty or otherwise. 7. Reasoning, or Rationale This includes application of law to every single points of the case, to support the Courts argument. 8. Summary The student states his / her opinion about the act or judgement.
- 11. Example: Case brief of Vishakha Judgement
- 16. 5) Rationale: The Laws working behind the Judgement
- 17. Your take on the Act / Judgement