A Short & Happy Guide to Legal Writing (Short & Happy Guides) by Deborah L. Borman

Author:Deborah L. Borman
Language: eng
Format: mobi
ISBN: 9781634599184
Publisher: West Academic
Published: 2019-01-23T21:00:00+00:00

4.Application

The Application is the Prediction on the Rule, compared to and/or contrasted from the Precedent case Explanation. There is

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generally no citataion to authority in the Application because this is your own analysis; your application of rule and precedent case to your client’s facts cannot be found within the precedent cases.

Begin the Application with a prediction or conclusion on the Rule, not on the entire claim for example:

(A) Benedict was on public property when he bit Ms. Rye’s arm.

The mini-thesis above reflects both the conclusion on viciousness and on the issue of public/private property.

Then compare and contrast your client’s case to the precedent cases using the explanations you articulated above to apply the precedent (we did this in Chapter 4, too!):

(A) Unlike Soughdough, where the dog was on private property when it bit the victim, here Benedict was on the public sidewalk when it bit Ms. Rye. Also, in contrast to Bagel, where the dog bite the Mr. Biali because Mr. Biali taunted the dog, Ms. Rye did not taunt Benedict.

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