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Teaching the Law School Curriculum - Institute for Law Teaching ...

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264 Legal Research and Writing<br />

The chart can also help <strong>the</strong>m distinguish between law and fact. On <strong>the</strong> top row of <strong>the</strong> chart are <strong>the</strong> elements<br />

or factors that determine <strong>the</strong> issue. If <strong>the</strong>y are told specifically that <strong>the</strong> law is across <strong>the</strong> top of <strong>the</strong> chart and <strong>the</strong><br />

facts are in <strong>the</strong> body of <strong>the</strong> chart, <strong>the</strong>y may have less trouble with those portions of <strong>the</strong> memo requiring an understanding<br />

of <strong>the</strong> distinction between law, facts, and conclusions. For example, a common challenge <strong>for</strong> firstyear<br />

students is framing <strong>the</strong> Questions Presented so <strong>the</strong> questions do not include legal conclusions. This problem<br />

is usually caused by including elements of law in a Question Presented instead of legally relevant facts.<br />

However, <strong>the</strong> syn<strong>the</strong>sis chart gives <strong>the</strong>m a quick reference <strong>for</strong> what should be included in <strong>the</strong> Question Presented.<br />

If <strong>the</strong> “facts” in <strong>the</strong>ir Question Presented come from <strong>the</strong> top row of <strong>the</strong> chart, <strong>the</strong>n <strong>the</strong> Question likely contains<br />

a legal conclusion. However, if <strong>the</strong> “facts” come instead from <strong>the</strong> bottom row of <strong>the</strong> chart (where <strong>the</strong>ir client’s<br />

facts are catalogued), <strong>the</strong>n <strong>the</strong> Question is more likely to be framed correctly.<br />

Finally, <strong>the</strong> syn<strong>the</strong>sis chart can help students see what should be included in both <strong>the</strong> rule explanation and<br />

rule application portions of <strong>the</strong> Discussion section. Although students generally seem to understand that a rule<br />

explanation and application are needed, it is not unusual <strong>for</strong> <strong>the</strong>m to leave out critical in<strong>for</strong>mation. Using <strong>the</strong><br />

syn<strong>the</strong>sis chart, <strong>the</strong>y can see that analogizing and distinguishing cases relating to one element or factor simply<br />

means comparing or contrasting <strong>the</strong> legally relevant facts that appear within one column of <strong>the</strong> chart. Framing<br />

<strong>the</strong> task of choosing case facts in those terms seems to make <strong>the</strong> task more concrete and manageable. Ra<strong>the</strong>r than<br />

comparing <strong>the</strong> mountain of in<strong>for</strong>mation in <strong>the</strong> case law to <strong>the</strong> mountain of in<strong>for</strong>mation in <strong>the</strong> assignment, students<br />

can use pre-categorized in<strong>for</strong>mation that is already in a manageable <strong>for</strong>mat. They simply can take <strong>the</strong> in<strong>for</strong>mation<br />

already organized in a single column and compare <strong>the</strong> squares from o<strong>the</strong>r cases to <strong>the</strong> square <strong>for</strong> <strong>the</strong>ir<br />

client’s case.<br />

If students will continue to use <strong>the</strong> syn<strong>the</strong>sis chart as <strong>the</strong>y move from <strong>the</strong> analysis to <strong>the</strong> drafting stage of a project,<br />

<strong>the</strong>y can use it as a way to identify legally relevant facts, differentiate between facts and law, and analogize or<br />

distinguish cases. In using <strong>the</strong> chart <strong>for</strong> <strong>the</strong>se purposes during <strong>the</strong> drafting phase of <strong>the</strong> project, students can also<br />

see more clearly <strong>the</strong> link between <strong>the</strong> way legal problems are analyzed and <strong>the</strong> way <strong>the</strong>y are communicated.<br />

The following handout explains <strong>the</strong>se uses of <strong>the</strong> syn<strong>the</strong>sis chart.<br />

Case Factor 1 Factor 2 Factor 3 Factor 4<br />

A v. B Fact X<br />

Int. Ct. 1972<br />

C v. D Fact Y<br />

Int. Ct. 1983<br />

E v. F Fact Z<br />

S.Ct. 1997<br />

Our Case Fact Q<br />

2000<br />

ANATOMY OF A SYNTHESIS CHART<br />

This chart is designed to show you how a thorough, completed syn<strong>the</strong>sis chart can help you even after you<br />

have planned your analysis and begun to draft your argument.<br />

* Facts X, Y, Z, and Q are legally relevant facts. Remember that one of <strong>the</strong> goals of this assignment is to<br />

demonstrate that you know <strong>the</strong> difference between relevant and irrelevant facts by including only <strong>the</strong> legally relevant<br />

facts. If you have already identified those facts in your syn<strong>the</strong>sis chart, <strong>the</strong>n you have a quick reference <strong>for</strong><br />

<strong>the</strong> legally relevant facts in your case and in <strong>the</strong> precedent cases. You will need to use relevant facts in your Questions<br />

Presented, Brief Answers, Statement of Facts, and Discussion.

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