Vous êtes sur la page 1sur 3

LEGAL TECHNIQUE AND LOGIC

MIDTERMS

ATTY-CLIENT RELATIONSHIP

The relation of attorney and client is one of trust and confidence of the highest order.

It is highly fiduciary in nature and demands utmost fidelity and good faith.

Privileged Communication

- Based on trust
- Client can expect than the attorney once hired, will keep communications confidential.
- Not absolute

Exceptions:

1. Provisions of law
2. Information affects National Security

Confidentiality vs. Disclosure

Confidentiality – important principle for ensuring trust and confidence between a lawyer and a client.;
any information should not be revealed by the lawyer without the permission of the client.

Disclosure – lawyers are expected to tell their clients any information which is relevant; vice-versa.

Legal Basis: - Rules of Court

Example of Privileged Communication:

1. Doctor and patient

2. Priest and Repentant

3. Attorney and Client

Case Digest

- Is a written summary of the case.


- Sometimes involves several issues.

Importance:

1. Separating one issue from another and understanding how the Court resolved the issues in the
case.
2. Focus on the relevant issue/s.
Format:

1. Facts – brief story of the case.


- all events, information that happened in the case.
2. Issues – usually framed in the form of question that are answerable by YES or NO
- Sometimes starts with WHETHER or NOT.
3. Ruling – answer to the questions stated in Issue.
- decision of courts (whether it is granted or dismissed)
– rationale for such decision.

Case Analysis

1. Identify the party


Name of the case and its parties
2. Prior proceedings
Events within the court that led to the present case
3. Objective of the party
Impose the proper sentence.
Eg.
Criminal Cases – defendant is guilty; imprisonment
Civil Case – award financial compensation to plaintiff
4. Theory

5. Key facts
What really happened
6. Issue/s
What is in dispute?
7. Ruling / Holding
The applied rule of law that serves as basis for the Disposition.
8. Ratio decidendi
Reasons for the holding
9. Disposition
What the court actually decided
Factual determination by the court in favor of one party such as “affirmed” “reversed”

CASE DIGEST CASE ANALYSIS


Identify the party
Prior proceedings
Facts of the Case Objective of the party
Theory
Key facts
Issue/s Issue
Ruling / Holding
Ruling / Held Ratio decindendi
Disposition
Toulmin Model of Argument

1. Data
Facts / evidence to prove the argument.
2. Claim
Conclusion whose merits we are seeking to establish.
3. Warrant (law)
Serve as bridge between data and claim
Principle, provision or chain of reasoning that connects data to claim
4. Backing (jurisprudences)
Supports the warrant, justification, reasons to back up warrant.
5. Qualifier
Limit the strength of the argument
Specification of data to claim, warrant and backing.
6. Rebuttal
Counter arguments
Conditions of exception to the claim

Inductive Reasoning

- Cause and effect reasoning


- Bottom up reasoning
- Seeks to prove a conclusion first
- Derived from specific to general conclusion

Deductive Reasoning

- Top to bottom reasoning


- General to specific

Posner

Practical Reasoning

– use of reason to decide how to act.

- Natural conclusion is an action