legal writing: march 10 2010 class notes.

.... um.... i have no book today. 

LL-03 questions and answers session for legal writing tomo, 3:30 - 5:30.
questions by email will be taken through the day on friday.

oral arguments will be discussed next class.

formatting template assignment.

you will have to create a 4 digit anonymous number.

class notes, chapter 18.

we are using existing rules. and we are using a de novo review.

see p. 485 -- option 6 is the best for our organization.

assertions.
does the rule favor your position, or does the rule maybe favor the position though the facts are good? would it be better to put the facts out first then the rule, or the rule first and then the facts?

the test.
stating it favorably though accurately. the fourth amendment can only be said one way, but different interpretations over the years can be given in different ways (see p. 489)


"seizure is unlawful when..."
technique of not emphasizing the burden of proof is favorable context -- start with a vantage point to put in a positive response to paint an image of the resultant circumstance...


we have wiggle room because 1. rules of law are not soooo black and white and 2. balancing tests are built on ambiguity

see p. 413 for examples of how to use the language

under the main categories of the tests, there are additional factors the court would likely look at:

notice
             opportunity to decline: not taking the mode of transport, declining

methods/scope
             discretion of officers in deciding who to search
             how intrusive were the methods and did they become more intrusive?
             did the scope meet what the officers were supposed to be looking for?

duration -- how long did the whole process take?

we have flexibility in how many factors we break out and how we order them!!
you can also meld factors that are less favorable, but logically related.

see p.493 for analogous cases.
use general terms for similar cases, and specific terms for unsupportive cases
avoid beginning a paragraph with citation to a case: use the position of emphasis and take advantage of the reader's heightened attention.

don't give airtime to the opposition! 

signals in citation.