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%