Lecture 5 distinguishing the case
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Transcript of Lecture 5 distinguishing the case
Legal Reasoning continued
Dr. Heba Hazzaa
What should we learn from this course? 1. Reading effectively
2. Thinking systematically: Relevant facts+ IRAC
3. Writing efficiently: Clear, Concise, Structured, Supported by Authority
1. Drafting contracts2. Writing arguments 3. Writing legal opinions
4. Oral advocacy: presentation skills
Today
Today
Course Packet and Exam preparation 1 We have a course packet that relates to the materials we have
covered through out the lectures: A chapter about principles of drafting contracts 2 Fact patterns, 2 cases and 1 page of legal texts
How to use the course packet to prepare for the exam: Lecture notes and PDFs for presentations On drafting On legal writing: Memo, legal opinion
Course Packet and Exam preparation 2 The skills you will need to use to answer questions:
Read the materials we gave you efficiently: The book chapter: you will need to read it to use the guiding principles in
drafting Fact pattern: spot the issues 2 cases: schematize them (know the parties, the issues raised, and how and why
the court ruled this way) Train yourself to construct arguments for each side of the fact pattern
Use legal reasoning tips: Major, Minor, conclusion Distinguish or analogize the cases you schematized to the argument you are
making
RELEVANT Facts
IssueRule
Recap: Reading Effectively
Use
Learn
Background
Critical reading
Scanning and
Schematizing
Skimming
Define your purpose : Know your technique
What is a legal argument?
A legal argument is:a logical statement supported by legal
authorityand admissible evidence.
A major premise is: the general rule that should be applied+ detailed rule
A minor premise is: statement of relevant fact from your fact pattern
The conclusion is reached when you explain/connect how the relevant facts fit your rule (stated in the major premise).
How to write a strong argument:
Build Break down
Rebuild
How to score a goal with your argument?
List your supporting arguments.Counter your own argument with what your opponent might say.
Rebut/ Rebuild: respond to each counter argument.
Let us see an example of a very good attempt at writing a legal and how to improve upon it
Writing Sample 1 Strawberry Farm edits.docx
Distinguishing a caseAn essential skill for effective writing
Fact pattern vs. case
Hypothetical فرضية بعد فيها يحكم لم وقائع The way you approach a fact pattern is different than you approach a
case: In a fact pattern you focus on spotting the relevant facts – you make the
reasoning/conclusion السابقة واألحكام القانونية القواعد تفسير باستخدام In a case a conclusion (decision) has already been made. Your job is
different: you have to insure that the reasoning for the decision rests on the facts you identified as relevant.
Distinguishing or analogizing A case
1. Find relevant facts in the fact pattern2. Find the relevant facts in the decision/case 3. Look at the issue and the facts in both and ask why is my issue
different/similar than the case4. Take those differences/similarities and put them in comparison to the
analysis (reasoning) in the case5. If the reasoning relies on facts different from your relevant then you
have distinguished the case6. If the reasoning relies on facts similar to yours than most likely this
case will apply to your fact pattern.
Scafom v ExMA CPI (CISG convention Art. 79) If Strawberry Farm and Jam Co. were to arbitrate according to the
CISG will this case be instructive?
Split into groups for Strawberry Farm and some for Jam Co. and read the case together and decide if you can distinguish the case or if you think it should be instructive.
Exercise
Work in groups of 5
Claim your spot as SF’s or Jam Co
Try to distinguish the case – prepare to argue your point
Jam Co. Vs. Strawberry Farm1. Jam Co. [buyer] has a supply contract with Strawberry Farm [seller]. 2. The contract provides for supply of variable quantities between (200 – 500) tons
determined by the buyer at the time of order for market price -0.1%. 3. For the past 5 years buyer’s demand was consistently at the minimum mark.4. Weather conditions affected crop quality and quantity as a result supplier asked buyers
to renegotiate contracts.5. Talks were ongoing when buyer ordered 400 tons (doubling the usual quantity) to cover
its export operations. 6. Strawberry Farm’s delivered 200 tons of strawberries to Jam Co. and billed at market
price.7. Jam Co. procured the remaining quantity from a Third party for market price + markup. 8. Similar weather conditions, however not as severe, have took place 6 years ago affecting
all growers in the region. 9. After the heat wave started, Strawberry Farm installed special coolers in their green
houses to ward off the heat wave. 10. Strawberry Farm’s loss due to weather conditions is estimated at 35%.
Similar Facts between Scafom and Jam Co. 1) Hardship: Some events affected both price and ability to deliver
contractual quantities 2) Notice to negotiate 3) Failed negotiations 4) Request for performance by buyer 5) In the past there has been a substantial price increase (10% in
EXMA) and did not affect contract price.
Irrelevant facts for distinguishing the case from Strawberry Farm:1. Manufacturing in BVBA Orion/ Buyer processor 2. General conditions of sale attached or not3. Other customers of Exma accepted price adjustments
Distinguishing Facts
Scafom1. No delivery after request for
negotiations2. General conditions and purchase
orders not a standalone framework contract.
3. GC contain a standard price adjustment clause
4. Seller refused any voluntary performance only performed under summary court order
5. Price increase is 70%
Jam Co.1. Purchase order was placed 2. Supply contract – not
purchase orders only3. No reference to general
conditions - assume it is not there
4. Seller undertook partial performance
5. Price increase is 0.1%