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CHARACTERISTICS OF A
STRONG APPLICATION OF
RULE TO FACTS
2013 UMKC School of Law
Lawyering Skills I
fact
Critical
language
why
Strong
application
Application 2
Firing into a mall with only fifty people in it is not substantially certain to
result in one of the people being hit by a bullet. Therefore, Simms
demonstrated no intent to cause a harmful physical contact with Winston.
Application 3
Because only fifty people were in the mall, Simms was not
substantially certain to strike one of them by shooting blindly
across one stretch of the mall. Nothing suggests that
customers were congregating outside the store or that, even
had they been doing so, Simms would have known they were
there. As a result, his odds of hitting another person when
his view was blocked would be based upon the likelihood
that, of all the spaces fifty individuals could occupy in four
blocks of mall, one individual happened to occupy that single
space that would put her in his random line of fire.
The first sentence ties the facts more directly to the language
of the rule, but still leaves the reader to infer why that fact
satisfies that language.
The second sentence explicitly ties the fact to the larger
concept rather than forcing the reader to make the connection.
fact
Critical
language
why
Strong
application
FACTS
Ms. Juarez has been the journalism teacher
at Sam Houston High School in Carrizo
Springs, Texas, for five years.
She is young and attractive the boys
comment on her looks frequently among
themselves and is generally well-liked by
her students.
Julie Fenton, however, is furious with Ms.
Juarez because Ms. Juarez removed Julie
from the school newspaper staff due to
Julies plagiarizing an article from the
Internet.
FACTS (cont.)
Julie created a webpage with some very
derogatory material and showed it to some of
her friends when they were at her house.
Eventually, word got out, and students at
school began to access it.
Students were viewing it during classes,
during lunch, and at home.
Messages about it some approving, some
disapproving were flying all over Twitter
and Facebook and instant messaging.
When the principal discovered the page, he
expelled Julie for the rest of the semester.
FACTS (cont.)
Ms. Juarez is a second-generation
Mexican American whose parents became
U.S. citizens before she was born.
Sam Houston High School has a large
Hispanic population, and discussions
about illegal immigration have been
heated.
There have been some shouting matches,
and even a couple of fights between some
Hispanic and Anglo students.
Ms. Juarez
(no makeup)
THE COMPLAINT CORNER
ADD YOUR COMMENT
The bitch is incompetent!
Thats okay. Two good shags ll get
you an A.
I hear she and J. S. are a regular
thing. No wonder he gets such good
grades .
Does she really get high? I could
enjoy her that way.
Cant you tell in class? She has to
be stoned.
b)
c)
d)
Mmmmm. Call me
soon, boys.
Push
for
Juarezs address and
directions. Football
team only, please.
Rule
Schools may punish student speech,
including speech off-campus, that is:
Disruptive
OR
Offensive.
Disruptive Speech
Speech that can reasonably be anticipated to materially
and substantially interfere with the requirements of
appropriate discipline in the operation of the school
Offensive Speech
Vulgar, lewd, indecent, or plainly offensive
speech.
fact
Critical
language
why
Strong
application