Highlights
Write factum:
write a factum, you must include a complete list of all cases and secondary sources cited in your factum. This is to be done in the form of “Schedule A” to your factum. Any legislation cited will appear as a “Schedule B” to your factum. These schedules are defined in the You may consult all publicly available documents. This means you may consult the submissions made by the parties below. However, you may not consult or rely on internal, non-public materials prepared by lawyers or law firms.
Some Tips for Writing Factums
Justice Cromwell and Stratus have provided a good collection of precedents and tips on writing factums.
In general, the same basic rules apply to a factum as to an essay. For example, each paragraph should have one unifying thought.
Further, the facts section is often a key section, and can be a very effective advocacy tool. As we have discussed in class, framing the issue is very important. Think of the facts section as a chance to tell your side of the story, and not just a point form recitation of what happened when. Lastly, use of headings can be an effective advocacy tool as well. Make your headings assertive and write them so they lead the reader towards your conclusion.
Judgments are similar to factums in the sense that they should be clear, coherent and logically sound. However, what differentiates them is that they must be decisive, fair, and principled. You should pay particular attention to the audience of your judgment—it will include the parties to the dispute, the legal community, and the broader public at large, which will contain laymen who are not lawyers. As such, you should write as plainly and clearly as possible. You may also want to explain any legal terms of art.
Standard of Review
Regardless of whether you choose a factum or a judgment, you will need to address the standard of review. This section will not be long, but on appeal, you must address the standard the appellate court is to apply to the lower court’s judgment. Is the appellate court to show deference to the lower court’s analysis and holding?
Costs
No party is seeking costs of any motion.
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