[wd_asp id=1]
In this lesson, you will get a relatable example of how to determine the legal authorities you need and your legal position, based on your role in the case.
Before starting, you must know…
- The facts of the case
- Legal authorities
- Your position or premise
The parts of an argument
- The introduction: Tell the court what the case is about and what you want the court to conclude.
- The facts
- The law or laws upon which you’re basing your argument
- Your legal position or premise: Why should you win? You should know the answer to this and be able to articulate it.
- Conclusion: State the logical result of the law and facts.
Transcript
For this lesson, you should have a clear understanding of the facts of your case, and the laws that govern the point you want to argue.
You should also know your position or premise.
You must first know the facts of the case.
In a Georgia case, plaintiff Eric and defendant Josie owned adjacent land.
The defendant, believing that a particular parcel of land was hers, improved it by installing pipe for water, building a fence, and shed, and keeping it in pristine condition.
On occasion, she rented the property to tenants.
This went on for twenty years.
When the plaintiff had the land surveyed, he discovered that he had title to the improved portion and brought action against the defendant for title.
The defendant counterclaimed for adverse possession.
You should have legal authorities ready to go.
From the statute and cases, determine the things you need in order to prevail.
That becomes your position and eventual argument.
Then you must have a position or premise.
Why should you win?
You should know the answer to this and be able to articulate it.