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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 – 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.
Case Digest
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:
Case Analysis
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”
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
Deductive Reasoning
Posner
Practical Reasoning