VIC How to present a legal argument-document form?

[Danman132]

I'm not a Lawyer but want to type out and present a legal argument in document form.
No matter how I structure my arguments, it ends up looking like an essay with Intro, Body, and Conclusion. I also want to include references to journals but I'm not sure I can do that. Most references will be to case law anyway.

Is there a particular form in which I should lay this document out?

Thanks.

 

[Docupedia]

What’s the venue, and what’s context? Everywhere is different.

In broad context, you could adopt the way law students are taught to answer legal examination questions. There are slightly different ways to explain this, but the one I’m familiar with is (in order):
- State the issue in question (break it down in bite size chunks)
- State the relevant law. This would include the legal principles from the cases.
- Apply the relevant facts. Pick out only what is relevant to the issue - good and bad (you’ll need to acknowledge the bad, and deal with them).
- Apply the law to the facts. Why do, or don’t, the legal principles apply to the facts in the situation. This is your ‘legal argument’. It’s as easy or difficult as the complexity of the law and the facts in the matter. This is where you would use journal quotes to support your arguments. Also consider any defences/counter arguments as relevant.
- Reach a conclusion, supported by the law, facts, and your arguments.

Use the acronym ‘ISAAC’:
Issue
State the law
Apply the facts
Apply the law
Conclusion

 

[Danman132]

It's specifically for presenting a legal argument in response to an illegal fee to the department charging for the fee.
If that is the case does the above still apply?
Thank you for taking the time to write your detailed response above.

 

[Docupedia]

You can use the same format, but may want to cut it down. Don’t do their work for them (i.e. don’t do any ‘set up’ for why the fee was charged, unless it is a point that is relevant to your argument).

Concentrate on:
- Any defects in jurisdiction. This is unlikely to be the case, but stranger things have happened;
- Looking at the elements of what is needed for the fee to be charged. Are any of those not present, or misconstrued. Argue the facts there.
- Look for exceptions. These may be clear cut in the legislation, particularly regulations. May also be in the case law.
- Look for defences. Same process as above.

 

[Danman132]

You can use the same format, but may want to cut it down. Don’t do their work for them (i.e. don’t do any ‘set up’ for why the fee was charged, unless it is a point that is relevant to your argument).

Concentrate on:
- Any defects in jurisdiction. This is unlikely to be the case, but stranger things have happened;
- Looking at the elements of what is needed for the fee to be charged. Are any of those not present, or misconstrued. Argue the facts there.
- Look for exceptions. These may be clear cut in the legislation, particularly regulations. May also be in the case law.
- Look for defences. Same process as above.

Thanks very much for your answer. That's great, it will help allot!