Legal Reasoning and Objective Writing: A Comprehensive Approach (Aspen Coursebook Series) by Daniel L. Barnett & Jane Kent Gionfriddo

Author:Daniel L. Barnett & Jane Kent Gionfriddo
Language: eng
Format: mobi
Publisher: Wolters Kluwer
Published: 2016-02-28T21:00:00+00:00

1. Counter-predictions when the law is clear but the result is uncertain given the client’s facts

In many situations, you’ll find that you will not be able to predict with reasonable certainty what a future court would decide on your client’s facts, even when the law is reasonably clear. In some circumstances, the nature of the client’s facts may allow the court leeway to reach different outcomes as it applies the law. In other circumstances, some of the client’s facts may be contested and thus the result could vary depending on which version the court accepts.

In an application-prediction in these circumstances, therefore, you would need to predict whether the future court would find that the client’s facts were sufficient or insufficient under the courts’ approach, or whether the outcome was unclear. For any reasonable possibility, you would need to predict the result the future court would reach and then explain how the court would justify that result.

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