case briefing question

[The Black Canary]

I am briefing a case from 1906, but the WestKey is from the present. do I brief the case based on the law of 1906.

Or would I suggest an appeal based on the law now?

Accesory after the fact, misdemeanor, was the guilty verdict, in 1906.

But now, in 2010 a misdemeanor states that you can not be charged as an accessory after the fact.

[beantownbubba]

I'm confused because it should be clear from your assignment what you're supposed to do. It's conceivable as a research exercise that it could go either way, but still, briefing a case under 1906 law seems like a stretch even as an exercise. In the absence of instructions, I'd go w/ using current law, but really, if i had any doubt, i'd ask.

[Clams]

BC - There are some REALLY smart people here on 3DD but I have to question the wisdom of coming to a Drive By Trucker message board for advice on your law school assignments.

[beantownbubba]

BC - There are some REALLY smart people here on 3DD but I have to question the wisdom of coming to a Drive By Trucker message board for advice on your law school assignments.

Which raises the very amusing question of which music boards would be better or worse for the purpose.

[The Black Canary]

BC - There are some REALLY smart people here on 3DD but I have to question the wisdom of coming to a Drive By Trucker message board for advice on your law school assignments.

There are about a dozen lawyers on here

[Clams]

BC - There are some REALLY smart people here on 3DD but I have to question the wisdom of coming to a Drive By Trucker message board for advice on your law school assignments.

There are about a dozen lawyers on here

Make that a baker's dozen (assuming that recovering lawyers count).

[The Black Canary]

BC - There are some REALLY smart people here on 3DD but I have to question the wisdom of coming to a Drive By Trucker message board for advice on your law school assignments.

There are about a dozen lawyers on here

Make that a baker's dozen (assuming that recovering lawyers count).

they count, everyone on this board counts

[Penny Lane]

BC - There are some REALLY smart people here on 3DD but I have to question the wisdom of coming to a Drive By Trucker message board for advice on your law school assignments.

Which raises the very amusing question of which music boards would be better or worse for the purpose.

Clams, are you bragging that the reptile board could answer better?

[Penny Lane]

I am briefing a case from 1906, but the WestKey is from the present. do I brief the case based on the law of 1906.

Or would I suggest an appeal based on the law now?

Accesory after the fact, misdemeanor, was the guilty verdict, in 1906.

But now, in 2010 a misdemeanor states that you can not be charged as an accessory after the fact.

if you're briefing a case, all you have to do is summarize the facts, state what the issues were and say how it was decided (which was based on THAT law)
if you're going any further and the assignment is to present it for appeal, then i'd assume you'd use present law and say why it was decided incorrectly. (edited---but i've never passed a bar exam so...take it for what it's worth)

[blackwll]

Well, I have passed a bar exam (but not recently) and there is a lot more to writing a successful brief than that although that is a good one sentence synopsis.

[never going back]

Well, I have passed a bar exam (but not recently) and there is a lot more to writing a successful brief than that although that is a good one sentence synopsis.

I usually write briefs (for appeal) under this basic type of format: Issues Presented, Statement of the Case, Facts, Argument and Citation of Authority and then Conclusion.

[blackwll]

If you are going to be technical about it, look at your local rules of appellate procedure. That should have the categories you need for the jurisdiction. Also, get a couple of sample briefs. We did not have Google back in the dark ages, before the internet (Lexis/Westlaw was on a phone line dial-up) but you can google that type of thing now. Or just go by the appeals court.

[The Black Canary]

just wrote the most fascinating brief on a speeding case from 1906.

they tried exceptions but the foolish defense attorney, just didn't know what he was talking about in regards to the law in 1906. Foolish foolish boy!!!!

[wrekkr]

say what, they had speed limits in 1906?

[The Black Canary]

say what, they had speed limits in 1906?

yes apparently 12 mph is way over the limit within city limits of the middle of no where!!!! Leicester MA, really still the middle of no where!!!!

[Iowan]

Are you briefing a case you're supposed to read for class or are you writing a brief that will be filed in a court?

[The Black Canary]

Are you briefing a case you're supposed to read for class or are you writing a brief that will be filed in a court?

class

[The Black Canary]

and now I know everything I will ever want to know about Mink Farms and the Zoning laws of MA!!!!! from 1971

[The Black Canary]

one class on citations and he hands out the midterm.

The entire midterm (albeit) take home is all on citations. Not as complicated as I thought they would be, as long as you have that BLUEBOOK!!!!