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I have uploaded the first draft of the PowerPoint presentation. I need you to re-write it in a language that a 5 years old kid can understand it.YES make it sound like we are in kinder-garden! Be CREATIVE  ( put pictures, sound effect, charts, etc.) even jokes related to the topic though. Use slides between 40-60!!Its Introduction to Paralegal studies and The main topic is about Applying the Law.4 major subheadings are; a. Predicting the outcome in your client’s case [include case brief of Chambers v. Maroney 399 U.S. 42 (1970)]b. a note on logic( using maybe some graphics or tables= )c. the format for a written analysis (using IRAC= with some case brief example-cite source)d. internal office memoranda (format& content, etc.)20150414025740applying_the_law.pptx INCLUDE at least 5 RESOURCES and CITE them as well.I need it within 5 days!NO PLAGIARISM WILL BE TOLERATED!  Let me know if you need more clarification on what to do. Thank you!
applying_the_law__1_.pptx

applying_the_law.pptx

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?
?
?
?
Lawyers’ ability to predict case outcome is critical
in decision making
Attorneys must study their case intensively,
understand every detail so that they can predict
outcome
Knowledge of facts and issues of a case are
important in prediction of case outcome
Getting inputs from attorneys not handling the case
can help lawyers predict accurately
?
?
?
?
?
A petrol station robbery by four men
Eye witnesses identified two of the men
One was wearing a trench coat and the other a green
sweater
Robbers were driving a blue station wagon
Police stops the blue station wagon, arrests the
defendants after which they are taken to the police
station
?
?
?
?
Court made a finding that the arrest was lawful
Defendants having been described by witnesses, the
police had probable cause to believe they were
robbers
Court ruled that searches made in cars cannot be
compared to that in homes
Because cars are mobile, 4th amendment do not treat
them the way it treats homes
?
?
?
Court referred to Carol v. United States, where it
was rued that police can search a car without
warrant provided they have probable cause to
believe there could be incriminating evidence
hidden in the car
Court held that the fact that the car had already been
seized, officers could search it without warrant as
the greater harm, seizing the car, had already been
done
Conviction affirmed
?
?
?
Knowledge of the rights of the defendant under the
fourth amendment would enables lawyers to predict
that the court will hold the search lawful
Knowledge of the facts of the case, law of evidence,
will enable the lawyers to conclude that officers had
probable reason to believe the defendants had
committed the crime
Ruling would thus be easy to predict
?
?
?
?
?
Blue station wagon also taken to the police station
Officers search the car without arrest warrant at the
police station
Officers find incriminating evidence
Evidence link suspects to the robbery in question
Evidence also links robbers to previous robberies
?
?
?
D convicted for both robberies
He appeals
Ground of appeal is that his rights have been
violated by officers who searched his car without a
warrant as required by law
?
?
?
Whether the search made by conducted by officers
at the station was lawful
Whether or not the arrest made by officers on the
strength of the search was lawful
Whether the search offended the provisions of the
4th amendment thereby violating the rights of the
defendants
?
?
?
The search was lawful
The arrest made by the officers was within the law
The defendant’s rights under the 4th amendment
were not violated
?
?
?
?
Logic defines as an area of philosophy concerned
with correct reasoning
Logic revolves around the structure of reasoning
Includes the procedure and concept of correct
reasoning
Logic concerned with the validity of reasoning
?
?
?
Logic critical in legal reasoning as it is in other
fields of practice
Logical reasoning tend to differentiate between
three main things: propositions, statements and
beliefs
The nature of a given sentence can be used to
determine their validity.
?
?
?
?
A statement is a type of sentence that depicts a given
idea
This idea can be true or false
A statement, therefore, need not necessarily be true
A true statement can sometimes be said to be
factual, they can be referred to as facts
?
?
?
?
A belief is a mental state of mind regarding a given
idea
Belief can be expressed in a statement
A belief can be true or false
Belief can also be expressed through actions and
other verbal gesture that are not necessarily
statement
?
?
?
?
A proposition is basically what one thinks about an
idea or set of beliefs
A proposition can be proved to be either true or
false
It is the use of logic that determines weather a
proposition is true or false
One area in which logic is often applied is the
construction of an argument
?
?
?
Arguments are statements meant to present a good
reason why one believes in something
Al arguments must have a conclusion, which is the
main idea that one arrives at the end of the argument
and which others are invited to believe
Good argument must also have a premise on which
it is based
?
?
?
?
In logic, an argument is valid if it draws its
conclusion from its premise
For a conclusion to be considered true, it must have
been constructed rom a true premise
It is not possible for a conclusion to be false if the
premise is true
Argument can therefore be valid even if the premise
is false
?
?
?
This is because validity of an argument, as far as
logic is concerned, is only determined by the
relationship between the premise and the conclusion
A sound or logical argument is therefore one that is
valid and draws from a true premise
This is the major concept of validity as applies in
the concept of logic
?
?
?
?
If we say that Abraham Lincoln was a lion, and all
lions are animals, therefore Abraham Lincoln is an
animal, this argument is valid
In example above, the conclusion is drawn from the
premise so it’s a valid argument
The argument is, however, not sound
Argument is unsound because the premise on which
it is based is false
?
?
?
If we say that Mohammed Ali is a man and all men
are mortal, therefore Mohammed Ali is mortal, this
is a sound argument
The argument draws from a true premise because
we all know that Mohammed Ali is a man
But if we say that Ali is a man and all men are
mortal, therefore a dog is a reptile, the argument
will be both invalid and unsound
?
?
?
?
?
?
IRAC is a common methodology used in legal
analysis
It is an acronym derived as follows:
I- Issue
R- Rule
A- Application
C- Conclusion
?
?
?
?
Issue is the question of law set for determination by
the court
Can be derived from the circumstances that gave
rise to the case before the court
Each facts must be considered in terms of the issues
it raises
The issues must be isolated and considered on their
own merit, and as a whole
?
?
?
?
The following questions will improve an
individual’s issue spotting skills
What circumstances brought the parties before the
court?
Is the court required to determine a question of law
or a question of fact?
Are there non-issues arising from the case and what
are they?
?
?
?
?
I.
The rule applicable in the circumstances must be
identified
The rule is derived mainly from the facts of the case
All facts and issues must be understood in terms of
their meaning in law
When identifying the rule applicable, consider
Definitions
ii. Elements
iii. Exceptions to the general rule
iv. Limitations to the rule
v. Defenses
? Define each legal term
? Move from general to specific
? Identify the general consequences of the rule chosen
?
?
?
?
Identify the likely consequences of applying the rule
in the case at hand
Consider what the application of the rule will mean
Consider the end result of the application of the rule
Look for previous instances of application of the
rule and how the court applied the rule
?
?
?
?
?
Forms the most important part of legal briefing
Consider all relevant facts
Determine if they approve or disapprove the rule
chosen
Check if all the circumstances required for the rule
to operate are met
If not, the rule cannot apply
?
I.
II.
III.
IV.
Ask yourself he following questions:
Which of the facts given will help prove the
elements of the rule?
Why are some facts relevant and others not?
How will the relevant facts identified help satisfy
the rule?
Which of the facts identified are required for the
rule to operate?
V. Which of the facts given satisfy the rule?
VI. How do the facts given further public policy with
respect to the rule?
VII. What are the counter arguments likely for each of
the facts given in light of the rule?
? Make sure you are very familiar with the rule
? Look up in the dictionary all the terminologies you
do not understand with respect to the rule
?
?
?
?
You must take a position
This must be supported appropriately with reference
to facts of the case and the rule applicable
The conclusion must be depicted as a probable fact
and not a conclusive position
Courts can take absolutely different positions on one
issue
Issue:
The following issues were identified in the case
I.
Whether the police violated the rights of the
defendant under the 4th amendment by searching
their vehicle without warrant
II.
Whether the evidence obtained from the vehicle in
which the defendants were arrested is admissible
before the court
Rule
? The rule in Carol v. United states was applied
? Rule stated that where the arresting officer has
probable cause to believe that there is incriminating
evidence in a car in which the defendant is found,
they can search it without warrant
? It was noted that warrant requirement for searching
a car was different from that for a house
Analysis
? The unique facts of the case made it necessary for
officers to search defendant’s car without warrant
? The circumstances constituted an exception to the
rights provided for under the 4th amendment
? Officers could therefore search without warrant as
held in Carol v. United States
Conclusion
? From the set of the facts and the rule applicable, the
search without warrant by the arresting officers
would be lawful
? Consequently, the evidence of commission of crime
found in the car will be admissible before the court
and a conviction given on the strength of such
evidence will be upheld
?
?
?
?
May be written by a clerk of paralegal to give a
detailed analysis of the law as applies to a case in
question
Meant to inform the attorney about the position of
the law with respect to a client’s case
May be used by the attorney to determine whether
the case has merit and should proceed to court
Should be objective for the benefit of the client
?
?
?
?
Memo may be used for future reference by the
attorney
Memo may also be used in drafting other paperwork
to be filed in court with respect to the case
When a lawsuit is filed, parts of the memo may be
incorporated
The memo may also be used by the attorney when
applying for the dismissal of a suit
Memorandum Heading
? Must capture the main subject of the memo
? In law this could be the name and serial number of
the case as filed
Issue
? This part deals with the question presented by the
case in question
? Issue also isolates the facts that will be used in
analyzing the question at hand
Question should be simplified so that it is easily
understood by the reader
Answer
? Gives the writer’s response and conclusion
? Must be concise and easy to understand
? Must contain the reasoning applied by the writer to
reach such conclusions as they have made in the
case
?
?
?
?
?
?
Begin with your position clearly stated
This could take the form of ‘yes’ or ‘no’ depending
on the nature of the question at hand
Give a summary of the key facts as they are and
lead the reader to your logical conclusion
Key facts must not be omitted
Citation of authority is not necessary at this point as
the attorney can do that
Facts
? Writer must set down the facts on which their
conclusion is based
Discussion
? Constitutes the longest part of an internal memo
? Also forms the most complex part
? It seeks to prove the conclusion made
?
?
?
The discussion is usually highly detailed as it is here
that the writer’s reasoning is explained
Can be divided into different parts where the memo
handles different issues or where the case at hand
raises several questions of law and fact
In such case, question raised must be handled
comprehensively in determining the merit of the
case
?
?
?
?
Lawyers’ ability to predict case outcome is critical
in decision making
Attorneys must study their case intensively,
understand every detail so that they can predict
outcome
Knowledge of facts and issues of a case are
important in prediction of case outcome
Getting inputs from attorneys not handling the case
can help lawyers predict accurately
?
?
?
?
?
A petrol station robbery by four men
Eye witnesses identified two of the men
One was wearing a trench coat and the other a green
sweater
Robbers were driving a blue station wagon
Police stops the blue station wagon, arrests the
defendants after which they are taken to the police
station
?
?
?
?
Court made a finding that the arrest was lawful
Defendants having been described by witnesses, the
police had probable cause to believe they were
robbers
Court ruled that searches made in cars cannot be
compared to that in homes
Because cars are mobile, 4th amendment do not treat
them the way it treats homes
?
?
?
Court referred to Carol v. United States, where it
was rued that police can search a car without
warrant provided they have probable cause to
believe there could be incriminating evidence
hidden in the car
Court held that the fact that the car had already been
seized, officers could search it without warrant as
the greater harm, seizing the car, had already been
done
Conviction affirmed
?
?
?
Knowledge of the rights of the defendant under the
fourth amendment would enables lawyers to predict
that the court will hold the search lawful
Knowledge of the facts of the case, law of evidence,
will enable the lawyers to conclude that officers had
probable reason to believe the defendants had
committed the crime
Ruling would thus be easy to predict
?
?
?
?
?
Blue station wagon also taken to the police station
Officers search the car without arrest warrant at the
police station
Officers find incriminating evidence
Evidence link suspects to the robbery in question
Evidence also links robbers to previous robberies
?
?
?
D convicted for both robberies
He appeals
Ground of appeal is that his rights have been
violated by officers who searched his car without a
warrant as required by law
?
?
?
Whether the search made by conducted by officers
at the station was lawful
Whether or not the arrest made by officers on the
strength of the search was lawful
Whether the search offended the provisions of the
4th amendment thereby violating the rights of the
defendants
?
?
?
The search was lawful
The arrest made by the officers was within the law
The defendant’s rights under the 4th amendment
were not violated
?
?
?
?
Logic defines as an area of philosophy concerned
with correct reasoning
Logic revolves around the structure of reasoning
Includes the procedure and concept of correct
reasoning
Logic concerned with the validity of reasoning
?
?
?
Logic critical in legal reasoning as it is in other
fields of practice
Logical reasoning tend to differentiate between
three main things: propositions, statements and
beliefs
The nature of a given sentence can be used to
determine their validity.
?
?
?
?
A statement is a type of sentence that depicts a given
idea
This idea can be true or false
A statement, therefore, need not necessarily be true
A true statement can sometimes be said to be
factual, they can be referred to as facts
?
?
?
?
A belief is a mental state of mind regarding a given
idea
Belief can be expressed in a statement
A belief can be true or false
Belief can also be expressed through actions and
other verbal gesture that are not necessarily
statement
?
?
?
?
A proposition is basically what one thinks about an
idea or set of beliefs
A proposition can be proved to be either true or
false
It is the use of logic that determines weather a
proposition is true or false
One area in which logic is often applied is the
construction of an argument
?
?
?
Arguments are statements meant to present a good
reason why one believes in something
Al arguments must have a conclusion, which is the
main idea that one arrives at the end of the argument
and which others are invited to believe
Good argument must also have a premise on which
it is based
?
?
?
?
In logic, an argument is valid if it draws its
conclusion from its premise
For a conclusion to be considered true, it must have
been constructed rom a true premise
It is not possible for a conclusion to be false if the
premise is true
Argument can therefore be valid even if the premise
is false
?
?
?
This is because validity of an argument, as far as
logic is concerned, is only determined by the
relationship between the premise and the conclusion
A sound or logical argument is therefore one that is
valid and draws from a true premise
This is the major concept of validity as applies in
the concept of logic
?
?
?
?
If we say that Abraham Lincoln was a lion, and all
lions are animals, therefore Abraham Lincoln is an
animal, this argument is valid
In example above, the conclusion is drawn from the
premise so it’s a valid argument
The argument is, however, not sound
Argument is unsound because the premise on which
it is based is false
?
?
?
If we say that Mohammed Ali is a man and all men
are mortal, therefore Mohammed Ali is mortal, this
is a sound argument
The argument draws from a true premise because
we all know that Mohammed Ali is a man
But if we say that Ali is a man and all men are
mortal, therefore a dog is a reptile, the argument
will be both invalid and unsound
?
?
?
?
?
?
IRAC is a common methodology used in legal
analysis
It is an acronym derived as follows:
I- Issue
R- Rule
A- Application
C- Conclusion
?
?
?
?
Issue is the question of law set for determination by
the court
Can be derived from the circumstances that gave
rise to the case before the court
Each facts must be considered in terms of the issues
it raises
The issues must be isolated and considered on their
own merit, and as a whole
?
?
?
?
The following questions will improve an
individual’s issue spotting skills
What circumstances brought the parties before the
court?
Is the court required to determine a question of law
or a question of fact?
Are there non-issues arising from the case and what
are they?
?
?
?
?
I.
The rule applicable in the circumstances must be
identified
The rule is derived mainly from the facts of the case
All facts and issues must be understood in terms of
their meaning in law
When identifying the rule applicable, consider
Definitions
ii. Elements
iii. Exceptions to the general rule
iv. Limitations to the rule
v. Defenses
? Define each legal term
? Move from general to specific
? Identify the general consequences of the rule chosen
?
?
?
?
Identify the likely consequences of applying the rule
in the case at hand
Consider what the application of the rule will mean
Consider the end result of the application of the rule
Look for previous instances of application of the
rule and how the court applied the rule
?
?
?
?
?
Forms the most important part of legal briefing
Consider all relevant facts
Determine if they approve or disapprove the rule
chosen
Check if all the circumstances required for the rule
to operate are met
If not, the rule cannot apply
?
I.
II.
III.
IV.
Ask yourself he following questions:
Which of the facts given will help prove the
elements of the rule?
Why are some facts relevant and others not?
How will the relevant facts identified help satisfy
the rule?
Which of the facts identified are required for the
rule to operate?
V. Which of the facts given satisfy the rule?
VI. How do the facts given further public policy with
respect to the rule?
VII. What are the counter arguments likely for each of
the facts given in light of the rule?
? Make sure you are very familiar with the rule
? Look up in the dictionary all the terminologi …
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