The Ministry of Law, Justice & Human Rights has requested for the services of Mr. Muhammad Naeem, a Section Officer from the Establishment Division, to be posted in the Provincial Program Management Unit of Punjab on deputation for 3 years. It is proposed that Mr. Naeem be placed at the disposal of the Ministry of Law for this posting, as he meets the criteria of not having previously availed any deputation posting and is also desirous of the Lahore posting due to family reasons. His deputation will be subject to standard terms and conditions. Approval is requested from the Joint Secretary (A).
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 ...
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 ...
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.
1. Post final copy of the Administrative Position Paper to the Messa.docxhacksoni
1. Post final copy of the Administrative Position Paper to the Message Board in the area marked “
POST FINAL
PAPER
”
AND
TURNITIN.COM (
POST TO DRAFT #3
REVISION
1
).
NO CREDIT
IS GIVEN
IF THESE REQUIREMENTS ARE NOT FOLLOWED BY THE SPECIFIED DATES.
Administrative Position Paper Definition
The Administrative Position Paper defined as "the overview of a problem and the presenta
tion of a proposed solution(s) for others to consider."
Steps to Follow
The student's task is to place yourself in the position of a member of a Criminal Justice planning staff; to review an approved agency problem; to summarize some research on the topic, and to write a paper for a chief or other criminal justice executive to act on. You must provide one or
more recommended solutions for the problem you select.
Your writing must be clear and concise so the criminal justice executive can readily understand the problem, review the facts, comprehend the reasoning behind the solution/recommendations and be prepared to take action. Your research must reflect high academic quality.
The Administrative Position Paper
Format
-
DO NOT DEVIATE FROM THIS FORMAT
Cover Page
The Administrative Position Paper must have a cover page
using the APA format
:
-
Running Head: DESCRIPTOR (Top Left- shorter than title)
-
Page Number (Top Right)
-
Title of your Administrative Position Paper
-
Your name
-
University
(
Note-
DO NOT include anything else on your paper
)
The cover sheet does not count in the total number of pages required.
The remainder of the format for the Administrative Position Paper is divided into five (5) sec
tions as follows:
Use Roman Numerals to identify the five (5) sections, use capital letters to identify paragraphs (or factors in section II)
I.
The Problem
The statement of the problem tells the criminal justice executive what the difficulty is; what problem is to be solved. No discussion is necessary at this point. In later sections you will be elaborating on the facts, issues, solutions, etc.
The Problem does not count in the total number of pages required.
II.
Factors Bearing on the Problem
This section includes facts or statements of truth which can be sub
stantiated. For example, "The average education level of the police officer in this city is 14.5 years (or high school plus 2 1/2 years college)." Another example might be, "Last year the citizens of this county only reported 200 crimes in progress to the police" or "the jail population averaged 20% above maximum capacity in fiscal year 1983/84."
List each fact separately. (
Use
bullets
to identify factors
, however each factor MUST be a complete sentence
)
.
Each bullet item must
ONLY
be two sentences. You are to have 4
factors and if you require more, you must get permission from your instructor.
Also
at the end of the listed factors
, the student
must
list any assumptions which lend weight to their final recommendation/solutions. Example:
Assumption-
It is assumed that if ...
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’.
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.
1. Post final copy of the Administrative Position Paper to the Messa.docxhacksoni
1. Post final copy of the Administrative Position Paper to the Message Board in the area marked “
POST FINAL
PAPER
”
AND
TURNITIN.COM (
POST TO DRAFT #3
REVISION
1
).
NO CREDIT
IS GIVEN
IF THESE REQUIREMENTS ARE NOT FOLLOWED BY THE SPECIFIED DATES.
Administrative Position Paper Definition
The Administrative Position Paper defined as "the overview of a problem and the presenta
tion of a proposed solution(s) for others to consider."
Steps to Follow
The student's task is to place yourself in the position of a member of a Criminal Justice planning staff; to review an approved agency problem; to summarize some research on the topic, and to write a paper for a chief or other criminal justice executive to act on. You must provide one or
more recommended solutions for the problem you select.
Your writing must be clear and concise so the criminal justice executive can readily understand the problem, review the facts, comprehend the reasoning behind the solution/recommendations and be prepared to take action. Your research must reflect high academic quality.
The Administrative Position Paper
Format
-
DO NOT DEVIATE FROM THIS FORMAT
Cover Page
The Administrative Position Paper must have a cover page
using the APA format
:
-
Running Head: DESCRIPTOR (Top Left- shorter than title)
-
Page Number (Top Right)
-
Title of your Administrative Position Paper
-
Your name
-
University
(
Note-
DO NOT include anything else on your paper
)
The cover sheet does not count in the total number of pages required.
The remainder of the format for the Administrative Position Paper is divided into five (5) sec
tions as follows:
Use Roman Numerals to identify the five (5) sections, use capital letters to identify paragraphs (or factors in section II)
I.
The Problem
The statement of the problem tells the criminal justice executive what the difficulty is; what problem is to be solved. No discussion is necessary at this point. In later sections you will be elaborating on the facts, issues, solutions, etc.
The Problem does not count in the total number of pages required.
II.
Factors Bearing on the Problem
This section includes facts or statements of truth which can be sub
stantiated. For example, "The average education level of the police officer in this city is 14.5 years (or high school plus 2 1/2 years college)." Another example might be, "Last year the citizens of this county only reported 200 crimes in progress to the police" or "the jail population averaged 20% above maximum capacity in fiscal year 1983/84."
List each fact separately. (
Use
bullets
to identify factors
, however each factor MUST be a complete sentence
)
.
Each bullet item must
ONLY
be two sentences. You are to have 4
factors and if you require more, you must get permission from your instructor.
Also
at the end of the listed factors
, the student
must
list any assumptions which lend weight to their final recommendation/solutions. Example:
Assumption-
It is assumed that if ...
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’.
Russian anarchist and anti-war movement in the third year of full-scale warAntti Rautiainen
Anarchist group ANA Regensburg hosted my online-presentation on 16th of May 2024, in which I discussed tactics of anti-war activism in Russia, and reasons why the anti-war movement has not been able to make an impact to change the course of events yet. Cases of anarchists repressed for anti-war activities are presented, as well as strategies of support for political prisoners, and modest successes in supporting their struggles.
Thumbnail picture is by MediaZona, you may read their report on anti-war arson attacks in Russia here: https://en.zona.media/article/2022/10/13/burn-map
Links:
Autonomous Action
http://Avtonom.org
Anarchist Black Cross Moscow
http://Avtonom.org/abc
Solidarity Zone
https://t.me/solidarity_zone
Memorial
https://memopzk.org/, https://t.me/pzk_memorial
OVD-Info
https://en.ovdinfo.org/antiwar-ovd-info-guide
RosUznik
https://rosuznik.org/
Uznik Online
http://uznikonline.tilda.ws/
Russian Reader
https://therussianreader.com/
ABC Irkutsk
https://abc38.noblogs.org/
Send mail to prisoners from abroad:
http://Prisonmail.online
YouTube: https://youtu.be/c5nSOdU48O8
Spotify: https://podcasters.spotify.com/pod/show/libertarianlifecoach/episodes/Russian-anarchist-and-anti-war-movement-in-the-third-year-of-full-scale-war-e2k8ai4
A process server is a authorized person for delivering legal documents, such as summons, complaints, subpoenas, and other court papers, to peoples involved in legal proceedings.
What is the point of small housing associations.pptxPaul Smith
Given the small scale of housing associations and their relative high cost per home what is the point of them and how do we justify their continued existance
Presentation by Jared Jageler, David Adler, Noelia Duchovny, and Evan Herrnstadt, analysts in CBO’s Microeconomic Studies and Health Analysis Divisions, at the Association of Environmental and Resource Economists Summer Conference.
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Jennifer Schaus and Associates hosts a complimentary webinar series on The FAR in 2024. Join the webinars on Wednesdays and Fridays at noon, eastern.
Recordings are on YouTube and the company website.
https://www.youtube.com/@jenniferschaus/videos
Many ways to support street children.pptxSERUDS INDIA
By raising awareness, providing support, advocating for change, and offering assistance to children in need, individuals can play a crucial role in improving the lives of street children and helping them realize their full potential
Donate Us
https://serudsindia.org/how-individuals-can-support-street-children-in-india/
#donatefororphan, #donateforhomelesschildren, #childeducation, #ngochildeducation, #donateforeducation, #donationforchildeducation, #sponsorforpoorchild, #sponsororphanage #sponsororphanchild, #donation, #education, #charity, #educationforchild, #seruds, #kurnool, #joyhome
Understanding the Challenges of Street ChildrenSERUDS INDIA
By raising awareness, providing support, advocating for change, and offering assistance to children in need, individuals can play a crucial role in improving the lives of street children and helping them realize their full potential
Donate Us
https://serudsindia.org/how-individuals-can-support-street-children-in-india/
#donatefororphan, #donateforhomelesschildren, #childeducation, #ngochildeducation, #donateforeducation, #donationforchildeducation, #sponsorforpoorchild, #sponsororphanage #sponsororphanchild, #donation, #education, #charity, #educationforchild, #seruds, #kurnool, #joyhome
ZGB - The Role of Generative AI in Government transformation.pdfSaeed Al Dhaheri
This keynote was presented during the the 7th edition of the UAE Hackathon 2024. It highlights the role of AI and Generative AI in addressing government transformation to achieve zero government bureaucracy
2. NOTING
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. Five - Ps Formula.
12. Instructions contained in the
Secretariat Instructions
regarding noting.
13. Checks and counter checks.
14. Types of cases.
4. INTRODUCTION
Note is initiated on the note portion of
the file to settle a matter while remaining in the
framework of Rules and Regulations. A note is
written by the Section Officer on file describing
the case which is under consideration. Two or
three alternatives are normally 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.
iv) The statutory instructions
should be adopted while
dealing with a case, such as
consultation with the other
Ministries / Divisions as
indicated in the Rules of
Business.
8. v) 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. vi) Relevant precedents may also
be quoted, if available.
vii) 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 any
remarks 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 indicates what steps were
taken and what authorities were
consulted before taking final
decision.
g. Note enables people who come
afterwards to pick up the tasks
where others left.
h. 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.
6. A wrong decision may be the
result of bad noting, therefore, an
extra care is required while noting.
23. FIVE - Ps FORMULA
P - I = PUC
P - II = PREVIOUS PAPERS
P - III = PROCEDURE
P - IV = PRECEDENT
P - V = PROPOSAL
24. INSTRUCTIONS CONTAINED IN THE SECRETARIAT
INSTRUCTIONS REGARDING NOTING
1. As a rule, not more than two
officers (excluding the Secretary)
shall note upon a case before its
final disposal, except where more
than one section may have to be
consulted.
2. When the higher officer agrees with
the note or the recommendations,
he may merely append his
signature.
25. 3. In cases which can be disposed
of directly by an officer, no
elaborate note need to be
recorded.
4. Where only perusal of PUC is
sufficient to enable a higher
officer to take a decision, there
shall be no noting beyond a
brief suggestion for action.
26. 4A.
5A. The reproduction in a note of
verbatim extracts from the paper under
consideration or its paraphrasing shall
as a rule be avoided. It shall be
presumed that the paper under
consideration will be read by the officer
to whom it is submitted.
27. Continued.
In complicated or protracted cases,
particularly those involving references to
other Divisions, the Section Officer may
prepare and place in a separate cover a duly
referenced summary of the case (in triplicate)
which shall be kept up-to-date by
incorporating important decisions. The
summary shall be signed by the officer who
prepares it. The facts of the case shall not
then be reproduced in the notes portion of the
file. A copy of the summary may, if necessary
be retained by another Division, when the
case is referred to it.
28. All notes shall be temperately written and
shall be free from personal remarks. If
apparent errors are to be pointed out and
if any opinion is to be criticised it shall be
done in respectful language. Proper
decorum shall be observed in
commenting upon the notes recorded by
higher authorities.
Continued.
29. Continued.
When it is desired to examine the
proposal of another office without
showing that office such examination, a
‘routine’ file may be opened. This
procedure should be adopted especially
if the proposal is likely to be criticised
severely. The routine file shall not be
sent out to another office without special
orders of the competent authority for
treating it as a part of the regular file.
30. Continued.
To expedite disposal of cases
and especially in emergencies, informal
discussions between officers of the
same Division shall be resorted to. The
telephone shall be freely used, provided
the subject is not secret. Secretaries
and other senior officers shall
encourage their subordinate officers to
bring up cases for advice, discussion or
disposal.
31. Continued.
A draft of the communication to
be issued shall as a rule, be prepared at
the earliest possible stage of the case.
All executive actions of the
Government shall be expressed to be
taken in the name of President.
In order to avoid audit
objections, financial sanctions shall be
expressed to be made by the authority
empowered to make them.
32. 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.
33. 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.
34. 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.
35. TYPES OF CASES
There are different
types of cases and each has
to be dealt accordingly. In the
official terms there are
basically three types of cases:
36. 1. RESIDENCE
Those cases which are to be dealt urgently
are placed in this category. The nature of urgency can
be understood from the fact that files or papers are
sent to an officer's residence after office hours for
disposal. However no files or papers should be sent to
Ministers or officers at their residences between 11.00
P.M. to 07.00 A.M. except in extreme emergency. This
restriction does not apply to Cypher Telegram which
may be sent to the residence of the concerned Minister
and Officers by the Duty Cypher Officer, Crypto
Centre, M/O Foreign Affairs, if the urgency of the
matter demands it. Before doing so, the Duty Cypher
Officer will contact the addressee on telephone to
confirm that they are available at the residence to
receive such cypher telegrams.
37. The nature of residence
cases varies from office to office. Each
Ministry / Division has its
priorities/standing instructions for
such cases. These cases are to be
dealt with great care without any
delay. The cases pertaining to
national security, reply of assembly
questions, legislative matter etc., may
be included in this category.
38. 2.IMMEDIATE
These are the cases which require instant
attention of the officer concerned. In the
Secretariat Instructions such cases are to
be disposed of finally within 24 hours.
Label indicating "IMMEDIATE" is attached
with such files and these files may be dealt
on top priority basis. In many instances
such files are delivered from one office to
another by hand in order to avoid delay
involved in diarising process.
39. 3. PRIORITY
Priority cases are those which
are to be disposed of within three days.
These cases are different than the routine
cases. It should be clear that use of
residence and immediate labels should be
made most sparingly and every case
should not be declared to be immediate
or priority otherwise there would be no
logic behind the use of these labels.
40. Receipts wrongly marked to a
section should be transferred promptly to the
concerned section or returned to the Central
Registry. Such receipts should not be diarized
in the section to which they do not relate.
Every section officer should go through the
fresh receipt in order to check as to whether
the receipt pertains to his section or not. If he
considers that some receipts are important
enough to be seen by higher officer before
action is initiated, he should submit it to the
Deputy Secretary or bring it to him by hand.
41. In each Ministry/Division there are
certain receipts which are filed directly under
the standing instructions without taking any
action on them. For instance advance copies of
applications and requests not made properly
(through proper channel) are filed without
taking any action. However, in order to provide
justice such applications may either be
discussed with the Senior Officers or with the
applicant, if possible. In a few cases such
receipts are referred back to the concerned
quarters alongwith the covering letter of the
Ministry/Division.
42. SPECIMEN OF NOTE
56. Ministry of Law, Justice & Human
Rights vide FR have requested for posting of
Mr. Muhammad Naeem, Section Officer,
Establishment Division in Provincial Program
Management Unit’s 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
Provincial Program Management Unit’s of
Punjab, NWFP and Balochistan under Access
to Justice Program on deputation basis.
43. 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 on the basis of Section
Officers Promotional Examination 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.
44. 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 further posting in PPMU
Punjab on deputation basis.
62. Submitted for approval of JS(A)
please.
(Muhammad Ijaz Ghani)
Section Officer (OMG-II)
DS (OMG)