Arguing Ineffective Law Application: Strategies For Success

Knowing how to argue that a law has not been applied is a valuable skill for lawyers. A good argument will set out and advance a clear thesis or argument. The argument should be thoughtfully structured, with a clear conclusion, rule, analysis and restated conclusion. This is known as the CRAC formula. The conclusion should be clear and concise, and the rule should be stated accurately and completely. The analysis should be persuasive and address counterarguments. The final conclusion should emphasise why the analysis supports the initial conclusion. However, it is important to note that oral arguments alone rarely win appeals.

Begin with a clear, concise conclusion

To argue that a law has not been applied, begin with a clear and concise statement of your conclusion. Be direct and state what the disagreement is and your position on it. For example, you could say something like, "I disagree with the assertion that the law has been applied in this case." This introductory statement should be short and to the point, leaving no room for ambiguity about your stance.

In the subsequent paragraphs, you would elaborate on your argument by stating the specific law or rule in question, analysing how it applies to the situation at hand, and providing evidence to support your position. It is important to anticipate potential counterarguments and address them in your analysis.

For instance, let's consider a scenario where an individual is accused of violating a law that prohibits certain actions within a specific timeframe. Your conclusion could be: "My client cannot be sued for this breach of contract as the statute of limitations has expired."

The rule could then be stated as: "According to the law, breach of contract lawsuits must be filed within four years of the breach, and suits filed after this period are not permissible."

Your analysis would then explain how the rule applies to the specific situation, such as: "In this case, the alleged breach occurred more than four years ago, and the lawsuit was filed past the limitations period. Therefore, my client is entitled to assert the defence of limitations, rendering the lawsuit invalid."

Finally, you would summarise your argument and restate your conclusion emphatically, tying everything together: "In conclusion, it is evident that the plaintiff failed to initiate legal action within the prescribed timeframe. As such, this case must be dismissed, and my client should not face any legal consequences."

Remember, the key is to be clear, concise, and persuasive, using logical reasoning and evidence to support your argument.

State the rule that applies to the disagreement

When arguing that a law has not been applied, it is important to first state the rule that applies to the disagreement. This could be a statute, a regulation, a legal precedent, or even a company policy manual. It is crucial to accurately and completely state the relevant rule.

For example, consider a scenario where an employee arrives at work five minutes after their shift starts, and their boss threatens to fire them for being late. The company's policy manual states that an employee is "late" only if they arrive 10 minutes or more after the start of their shift. In this case, the relevant rule is the company's policy on lateness, which specifically defines "late" as arriving 10 minutes or more after the beginning of the shift.

Another example could be related to a breach of contract lawsuit. The applicable rule in this case would be the statute of limitations, which dictates that breach of contract lawsuits must be filed within a certain timeframe, such as within 4 years of the breach.

In both examples, clearly stating the relevant rule is essential to effectively argue that the law or company policy has not been applied correctly. It provides the foundation for the argument and allows for a structured and persuasive case to be made.

In legal essays, it is important to set out a clear thesis or argument. This involves stating your position on the topic and providing a structured framework for your essay. A good law essay will normally have an introductory paragraph that clearly states the thesis and provides a roadmap for the reader. This is followed by the main body of the essay, where you develop and defend your argument by making a series of connected points that relate back to your overarching thesis.

Analyse how the rule applies to the facts

When analysing how the rule applies to the facts, it is important to remember that legal arguments depend on facts. The analysis section of your argument is where you will make your case. Here, you will explain how the rule supports your position, using evidence from your specific case. It is also important to anticipate counterarguments and address them in your analysis.

For example, let's say you are arguing that you were not late to work. The rule, in this case, is that your company's policy manual states that an employee is "late" if they arrive 10 minutes after their shift begins. The analysis would be that you arrived within 5 minutes of the beginning of your shift, and therefore, according to the company's policy, you are not late.

In another scenario, you are arguing that a breach of contract lawsuit against you should be dismissed because it was filed after the statute of limitations. The relevant rule is that breach of contract lawsuits must be filed within 4 years of the breach in the state of Texas. Your analysis would be that the breach occurred in 2013, but the lawsuit was filed in 2023, which is outside the limitations period.

In both of these examples, the analysis involves applying the relevant rule to the specific facts of the situation to support your argument. It is important to be clear and concise in your analysis and to anticipate any counterarguments that may be raised.

Additionally, when making your argument, it is crucial to consider the nature of the question you are answering and the expectations of your audience. For instance, in a law essay, it is important to set out a clear thesis or argument and develop it by making a series of connected points that support your position. This involves citing relevant evidence, such as cases, legislation, and literature, and addressing any counterarguments or opposing viewpoints.

Furthermore, when analysing how the rule applies to the facts, be mindful of the context and any relevant case law or precedents that may influence the interpretation of the rule. Consider any exceptions or subjective factors that may come into play and ensure that your analysis is tailored to the specific circumstances of the situation.

In summary, analysing how the rule applies to the facts involves explaining how the rule supports your position, using specific evidence, and addressing any potential counterarguments. This analysis is a crucial part of constructing a persuasive and well-crafted argument.

Restate your conclusion and summarise your argument

In conclusion, it is clear that there are several key considerations to make when arguing that a law has not been applied. Firstly, it is important to hone your opening sentence and be short, sweet, and specific. This is crucial as it may be the last sentence you have control over before facing questions from the court.

Secondly, it is important to know the record and be completely familiar with it. This means being able to cite specific rules, statutes, regulations, or legal precedents that support your argument. It is also essential to anticipate counterarguments and address them in your analysis.

Thirdly, the argument should be structured with a clear thesis or argument, supported by a series of connected points that relate back to the overarching thesis. This helps to ensure the argument is persuasive and easy for the judge to follow.

Finally, it is important to remain calm and avoid quarrelling. A good argument is based on logic, not anger. By following these guidelines, you can effectively argue that a law has not been applied and increase your chances of success in court.

Don't neglect to hone your first sentence

When arguing a case in court, the first sentence is critical. It may be the last sentence you have control over until you sit down, so it's important to make it count. It should be short, sweet, and specific.

The goal of the first sentence is to clearly state the issue, what you want, and why it's important. This will help ensure that the judge and other parties involved understand your position from the outset.

For example, consider the following opening sentence: "Respondents' efforts to convert all of the land traversed by a Park Service–administered trail into lands in the National Park Service fail for reasons of text, context, and consequences." This sentence, spoken by Paul Clement in a case involving the U.S. Park Service, effectively sets the tone and direction for the argument.

• Be clear and concise: State the issue and your position directly, without rambling or providing unnecessary details.
• Provide context: Give enough information for the judge to understand the nature of the dispute and why it is important.
• Be respectful: Avoid using insulting or aggressive language, and maintain a professional tone.
• Know your audience: Consider the judge's background and perspective to tailor your message effectively.
• Stay focused: Ensure your first sentence is directly related to the case and avoids unnecessary tangents.

By honing your first sentence and following these guidelines, you can effectively frame your argument and increase your chances of success in court.

Frequently asked questions