Introduction When I began practising law, written advocacy, the factum, was far less important than it is now.
Duhaime's Law Dictionary Factum Definition: The written summary of a litigant's position to be taken and expounded upon in a judicial proceeding, including a concise summary of relevant facts and law and brief arguments with reference to authorities where applicable.
AppellantAppealWritten Submissions Also referred to as a brief. The word factum is used in law to refer to a litigant's written submissions, a core booklet of clear, simple and concise argument. It is most often used in the content of an appeal but may also be used to refer to written submissions given to a lower court, of first instance.
The usual form of a factum varies from jurisdiction to jurisdictions and often conforms to the writing a respondent factum preferences to the drafting lawyer: A factum, for the purposes of an appeal, is typically subject to strict rule concerning length and content, lest lawyers get carried away with open-ended requirements, as they are wont to do.
One of the real challenges in a factum is identifying and staying with the few live issues on appeal. I have known many cases go to the Court of Appeals where neither party knew what the real point was. Some appellate court rules of court are so anal retentive as to even insist on a certain font and point size eg.
Arial or Times Roman, 11 point.
And if nothing else, appeal court registries are extremely - to a fault - anal retentive to the rules of court in the rejection of key appeal documents if they do not conform to the exact letter of the applicable Court of Appeal rules, a huge problem if some deficiency is discovered as a deadline is upon an appellant.
M uch of the decision making of the appeal panel is done based on your factum. It is the appeal judge's first and therefore, arguably, the most important look at a case - "first impressions" are significant; The content will inevitably give the appeal judge an impression of the author, good or bad or neutral; It helps form and package the oral argument phase; and It remains with the judge after the oral argument has ended.
Carswell,pages Save time with our search provider modern browsers only If you find an error or omission in Duhaime's Law Dictionary, or if you have suggestion for a legal term, we'd love to hear from you!
LAWimage The template you are linking to has no template configured yet.
Duhaime Lawisms Each year in the United States, approximately 10 billion land animals are raised and killed for meat, eggs, and milk. These farm animals - sentient, complex, and capable of feeling pain, frustration, joy, and excitement - are viewed by industrialized agriculture as mere meat, egg, and milk producing machines.
It is not intended to be legal advice and you would be foolhardy to rely on it in respect to any specific situation you or an acquaintance may be facing. In addition, the law changes rapidly and sometimes with little notice so from time to time, an article may not be up to date.
Strategic Legal Writing: Preparing Persuasive Documents We work with lawyer-clients to produce Applications for Leave to Appeal and Appeal Factums that stand out from the rest. Our lawyers have extensive experience in a diverse range of practice areas and can provide you with the legal answers you need. The respondent’s factum is due 30 days after being served with the appellant’s factum. Use Form 10 to prepare your factum. Your factum must be bound in a green cover. It cannot be more than 30 pages long, unless a Court of Appeal judge has made an order allowing it to be longer. specific advice for writing a respondent’s factum. Your factum gives the judges a sense of what your appeal is about before you appear in Court. It is probably the most important document you will file in your appeal. You can.
Therefore, this is merely legal information designed to educate the reader. If you have a real situation, this information will serve as a good springboard to get legal advice from a lawyer.This resources page has been created with this in mind.
Rules. Official Rules () Problems & Clarifications. respondent factum: 1st Place Respondent Factum () 2nd place “Forget the Wind Up and Make the Pitch: Some Suggestions for Writing More Persuasive Factums,” Ontario Courts, Publications and Speeches.
COURT OF APPEAL FOR ONTARIO. BETWEEN: THE CORPORATION OF THE CITY OF BURLINGTON. Respondent (Respondent in appeal) AND BETWEEN: THE CORPORATION OF THE CITY OF BURLINGTON Applicant (Respondent in appeal) - and - BURLINGTON AIRPARK INC.
FACTUM OF THE APPELLANT. PART I - OVERVIEW. 1. This is an appeal by Burlington Airpark Inc. The respondent’s factum is due 30 days after being served with the appellant’s factum. Use Form 10 to prepare your factum. Your factum must be bound in a green cover.
It cannot be more than 30 pages long, unless a Court of Appeal judge has made an order allowing it to be longer. Respondent FACTUM OF THE APPELLANT the Respondent would be in possession of child pornography at the time of the arrest.
Problem, supra para 6 at para Justice Ho held that the Respondent had a reasonable expectation of privacy in his backpack, and therefore Fox had performed a search of the Respondent’s backpack. This is an example of the respondent’s factum in a case involving a motor vehicle accident.
The injured plaintiff (Jane Doe) brought an action against the driver of the car (John Doe) and ABC Lease Co., which had leased the car to John Doe. Most of my suggestions apply both to the appellant's factum and to the respondent's factum.
However, I have a few suggestions that apply particularly to the respondent's factum: (i) The respondent's factum should be self-contained or free-standing.