This document provides guidance on official noting in the Pakistani civil service. It defines a note, outlines when noting is required and its structure. A note summarizes a case being considered by senior officers, presents various aspects clearly, and recommends a course of action. Good noting is objective, concise and properly documented, while bad noting contains irrelevant details, inaccuracies or personal views. Notes follow a standard format and undergo reviews to ensure quality.
While writing a report information can be collected from library or people working in that subject. Speaking and listening to people, art of summarizing and taking notes are crucial for writing reports. The report should be simple, concise and straightforward. Short and simple words are commonly used and easily understood. Long words are used for fine and subtle effects which give life and flair to the style. In short while writing a report keep the reader and his needs in mind, choose simple words, short sentences and paragraphs, avoid adverbs, adjectives and emphatic words unless necessary.
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While writing a report information can be collected from library or people working in that subject. Speaking and listening to people, art of summarizing and taking notes are crucial for writing reports. The report should be simple, concise and straightforward. Short and simple words are commonly used and easily understood. Long words are used for fine and subtle effects which give life and flair to the style. In short while writing a report keep the reader and his needs in mind, choose simple words, short sentences and paragraphs, avoid adverbs, adjectives and emphatic words unless necessary.
For more such innovative content on management studies, join WeSchool PGDM-DLP Program: http://bit.ly/ZEcPAc
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1 How to Brief a Case Prepared for the Legal S.docxhoney725342
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 ...
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This presentation is meant to assists law faculty and young professionals in different legal spheres to be intoduced to legal writing and acquirer a flair therein. It describes different forms of legal writings and documents and common mistakes apart from mode of citations
Judicial OpinionsOverview After the simulation, justices writ.docxSusanaFurman449
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’.
Spain v Brown and Williamson US Court of Appeals, 11th Circuit 199.docxrafbolet0
Spain v Brown and Williamson US Court of Appeals, 11th Circuit 1994
The purpose of this case is to give the student the opportunity to read a court case. This case brings out the role of the federal courts and state courts in our dual court system, and the federal preemption. It also cover important aspects of the law of warranties.
Criteria
Exemplary
Proficient
Marginal
Unacceptable
Executive Summary
10
8
6
4
A concise well written explanation of the importance of the case
Concise but not well written has both the results and importance.
Too lengthy and misses the importance or results of the case
Too lengthy and does not explain why the case is important or the results.
Introduction
10
8
6
4 or less
Summarizes the case facts and legal proceedings
Shows a thorough understanding of the facts and how the case proceeded through the legal system
Shows an understanding of the facts and how the case proceeded through the legal system
Shows an understanding of the facts or how the case proceeded through the legal system, but not both.
Misses important fact of the case and an understanding of the legal process is lacking and confused.
Analysis
25
20
15
10 or less
Discuss the reasons and reasoning supporting the court’s opinion
Thoroughly and succinctly discusses the reasoning supporting the court’s opinion.
Thoroughly discusses the reasoning supporting the court’s majority opinion, However, the discussion is wordy.
Discusses the reasoning supporting the court’s majority opinion. However, part of the analysis is missing.
Discusses the reasoning supporting the court’s majority opinion. However, much of the analysis is missing.
Ethics
15
12
9
6 or less
Ethical issue recognition
Recognizes the complex and gray ethical issues in the case and recognize and explains the cross relationships between legal and ethical issues.
Recognizes the ethical complex and gray issues in the case or can grasp cross relationships between legal and ethical issues, but the explanations are cloudy.
Recognizes basic and obvious issues and grasps incompletely complex relationships among the issues and fails to explain them adequately.
Recognizes basic and obvious ethical issues, but fails to grasp the complexity of the relationships. The explanation is incomplete.
Conclusion
10
8
6
4 or less
Summarize the reasons for the court’s decision and its impact on business
Succinctly and effectively summarizes the effect of the case and its importance to business.
Summary is ineffective and includes the major points of the case.
Misses one of the major reasons for the importance of the case.
Misses more than one of the major reasons for the importance of the case.
Communication
15
12
9
6 or less
Organization of Paper
Report is professional in appearance; includes title page, headings/subheadings, exhibits are creative and informative; external sources are properly cited; easy to read, comprehend; persuasive.
Report is acceptable in appearance; includes title page, headings/su.
Why Brief a Case Cases are written by lawyers for lawyers.docxalanfhall8953
Why Brief a Case?
Cases are written by lawyers for lawyers. Consequently, there's a structure and
method unlike any other type of writing that you've read. Once you know the
structure and method, you'll be able to breeze through cases quickly. When the
writing is brilliant - for example, cases written by Holmes, Cardozo and Learned
Hand - the cases can be as enjoyable as a good piece of fiction. There's drama,
conflict, resolution, humor and pathos. Other times, the writing is very non-linear
and leaves out important elements, such as the facts of a case.
Briefing is the first step in learning how to outline. The brief should distill a case
down to its elements, which allows you to immediately understand the principal
legal issues at a glance. When you are under the pressure of the harsh glare of an
aggressive professor, you want to be able to take one look at the brief and know the
answer.
Case briefs are an important tool, but it's also important to keep briefs in perspective.
Many students labor intensively over case briefs by creating forms and making sure
that the wording is perfect. A brief is just a tool that helps you accomplish three
things - build comprehension, answer questions in class and complete an outline.
You'll never be graded on a brief. If you're spending time on stylistic niceties that
don't accomplish one of the three goals then you're not spending time wisely.
Three Reasons to Brief a Case
1. Rewriting the material leads to better comprehension.
2. Creates a cheat sheet for questions in class.
3. Serves as a starting point for outlining.
Briefing is a phase that you eventually grow out of. After the first semester, students
tend to brief a lot less. Their briefs may just end up being therule of law or they will
write notes in the margin of the casebook, which highlight the different elements.
While some complex cases in your second and third years demand briefing, you will
probably pick up the skills you need in your first year to analyze cases on the fly.
http://lawnerds.com/guide/outlining.html#WhyOutline?
http://lawnerds.com/guide/class.html#TheFirstDay
http://lawnerds.com/guide/outlining.html#WhyOutline?
http://lawnerds.com/guide/irac.html#Rule
How to Brief a Case
Briefs should be a one-page summary of the case. Structure the summary according
to the elements listed below. The structure adheres to the types of questions the
professor asks in class and to the information you'll need for outlining. Not every
case can be summed up in one page, but it's a good discipline to attempt to condense
the material.
THE ELEMENTS OF BRIEFING
Procedural History
Legal Issue
Facts of Case
Statement of Rule
Policy
Dicta
Reasoning
Holding
Concurrence
Dissents
You might consider creating a standard form using a word processor, then fill in the
blanks as you read the case. You may want to modify the form as you go along
through the semester. Professor.
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2. Heatmap utilization for testing
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4. Demo
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Defect reporting
SAP heatmap example with demo
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2. 1. Introduction.
2. Definition of a note.
3. When note is required.
4. When note is not required.
5. Requirement of a note.
6. Objective of a note.
7. Advantages of noting.
3. 8. Structure of a note:
a) First Part
b) Second Part
c) Third Part
9. Good noting.
10. Bad noting.
11. Checks and counter checks.
4. INTRODUCTION
Note is the minutes recorded on the note
portion of the file to settle a matter while
remaining in the framework of Rules and
Regulations. A note is initiated usually by a
grade 17 Officer in the Federal secretariat on
file describing the case which is under
consideration. Two or three alternatives can be
proposed to settle the issue. In other words, a
note is a statement of facts describing the issue
under consideration, suggesting course of
action to reach a decision.
5. DEFINITION
A note means an officer's views in
writing on a file within a prescribed
procedural framework to facilitate the
high ups to decide the case under
consideration.
6. WHEN NOTING IS REQUIRED
Whenever a condition arises that a matter is
to be decided by Senior Officer, a note is recorded in
file. It is always prepared within certain procedural
framework such as:
i) It should clearly state the point
under consideration.
ii) Brief background of the case may
also be given in order to highlight the facts of
the case.
7. iii) Mis-statement of facts, if any,
should also be pointed out
while writing a note.
8. iv) After a brief description of the
facts of the case, the Rules /
Regulations that are applicable in the
case under consideration are
mentioned. A copy of the relevant
Rules is often placed in the
correspondence portion.
9. v) Relevant precedents may also
be quoted, if available.
vi) In the final portion of a note,
the points for decisions are
highlighted again and course
of action is suggested. In this
regard you may propose a few
alternates and suggest the best
course of action.
10. WHEN NOTING IS NOT REQUIRED
No noting is required when the officer
himself is competent to dispose of a matter
under certain clear cut instructions, orders
or delegated powers.
Similarly when a case is already decided
by a senior officer and he has asked for a draft
reply, the noting is not required unless there is
any point which has been escaped from the
notice of the senior officer.
11. REQUIREMENT OF A
NOTE
1. All notes are written on the
note sheet and no note should be
recorded on the receipt itself.
2. If a higher officer has given some
minutes on the receipt, these should
be copied out on the note sheet
before subsequent notes are recorded.
12. 3. The officer recording the
note should affix his signature
on the right side of the note sheet
where the note ends. His / her
name,designation and date
should also be typed or rubber
stamped below his / her
signature.
13. OBJECTIVE OF A NOTE
A note is written to assist the
competent authority to decide a matter
easily. It helps the seniors to study the
whole picture of a case as portrayed by
the junior officers. The decision of the
matter is the end point of a note. A well
written note leads to correct decision
and a badly composed note may lead to
confusion, wastage of time and
ultimately to a bad or wrong decision.
14. ADVANTAGES OF NOTING
a. It presents the various aspects of a
matter in a clear perspective and
bring out pros and cons of the point
under consideration.
b. It put down the views of the writer
in black and white and records the
precise reason for adopting a
particular course of action
considered to be the best out of all
possible courses.
15. c. A note is a record of discussion
leading to a particular decision. It
can be used as precedent for
future references.
d. Recorded notes help in understanding
reasons for a particular decision, and
in finding out, at what level the
decision was taken.
e. Responsibility for a particular
decision can be fixed on the bases of
recorded note.
16. f. Note enables people who come
afterwards to pick up the tasks
where others left.
g. A note is a historical record and
source of information for the
coming officials.
17. STRUCTURE OF A NOTE
A note has three main parts:
1. First Part: It gives the brief introduction
of the case under consideration.
2. Second Part: Main points. Mis-statement
of facts if any. Relevant rules, policy of govt.
precedents if any.
3. Third Part: Third part is the conclusion.
It may be in the form of a proposal or
recommendation or suggestion.
18. QUALITIES OF GOOD NOTING
a. Paragraphs of a note should be
numbered continuously from the
beginning onwards.
b. It should be temperate, objective
and free from personal remarks.
c. It should embody all the relevant
material about a case concisely, but
should not repeat facts,
arguments, words and phrases.
19.
d. There should be sequence in
narration. The points which should
be stated in the beginning must be
so stated and those which should
appear in the end, must come at
the end. A disjoined statement
of facts will confuse the reader.
e. The expression should be clear,
precise and simple.
20. f. It should be properly documented and
referenced.
g. All previous papers, precedents, rules
and regulations orders, etc. which are
relied upon in a note, should, as far as
possible, be put up with it, and
referenced.
21. BAD NOTING
1. Reproduction of PUC or FR
should be avoided. The case under
consideration should be explained
briefly in your own words.
2. Un-necessary details and
information contribute to bad
noting.
22.
3. Incorrect statement and
unauthenticated facts lead to wrong
decision and therefore adds to bad
noting.
4. Personal biases and prejudices
makes a note bad.
5. Use of flowery language, long
sentence and foreign words are
considered bad noting.
23. CHECKS AND COUNTER CHECKS
1. Read the P.U.C. carefully. It will
help you to understand the
procedure to be adopted for
settling a matter.
2. Know the facts of the case.
Your personal interest in
the case will help you to find
out any misstatement of
facts or data.
24. 3. Review the pertinent files,
relevant to the case and search out
the Rules / Regulations that are
applicable in the case.
4. The policy of the Government
should also be kept in mind
while writing a note.
25.
5. Do not forget to mention the
misstatement of facts or data if any
in you note.
6. Review grammar, spelling and
punctuation marks of your note
before signing it.
7. Make sure that the file is
properly referenced and flagged
before its submission to the
higher officer.
26. SPECIMEN OF NOTE
56. Ministry of Law, Justice & Human
Rights vide FR have requested for posting of
Mr. Muhammad Naeem, Section Officer,
Establishment Division for posting in Provincial
Program Management Unit’s (PPMU) of
Punjab on deputation basis for a period of
three years.
57. It is pointed here that Ministry of Law,
Justice & Human Rights have earlier requested
for nomination of OMG officers for posting in
PPMUs of Punjab, NWFP and Balochistan
under Access to Justice Program on
deputation basis.
27. 58. The nomination of Mr. Muhammad
Naeem, Section Officer, Establishment
Division was forwarded to Ministry of Law,
Justice & Human Rights for posting in PPMU,
Punjab on deputation basis.
59. It is submitted here that Mr.
Muhammad Naeem was appointed as
Section Officer in 1999. The officer remained
posted in the Cabinet Division, Finance
Division and Establishment Division. He has
not availed any posting/appointment on
deputation during his entire service. He is
also desirous for posting in Lahore due to
some domestic problems.
28. 60. It is stated here that the officer can be
posted on deputation basis on standard terms
and conditions of deputation contained in
Establishment Division’s OM No. 1/13/87-R-I,
dated 3-12-1990.
61. It is, proposed that as desired by
Ministry of Law, Justice & Human Rights we
may place the services of Mr. Muhammad
Naeem, Section Officer, Establishment Division
at their disposal for further posting in PPMU
Punjab on deputation basis.
62. Submitted for approval of JS (Admn).
(Muhammad Ijaz Ghani)
Section Officer (OMG-II)
DS (OMG)