Drafting Submissions

From Riverview Group Library Services


Summary of the Case

  • In one or two sentences define what the case is all about.

Legal Issues

  • Define the core legal issues that you believe the adjudicator has to decide.
  • What are the legal issues that have to be decided?
  • What are the findings of fact you are looking to have made?

Understanding the Theory of the Case

  • Gather all the facts of the case
  • Identify the legal issues raised by the facts
  • Research and outline the relevant law
  • Construct a plan to enter the evidence into the hearing
  • Write an analysis of the case

Analysis

  • Most, if not all legal issues can be understood in terms of legal tests. A legal test determines if the adjudicator can decide if a legal principle has been triggered or if a given finding can be made.

Legal Tests

  • Define what your core legal theory is of the case
  • Define the legal tests that have to be met to draw the conclusion you are looking for
  • justify how the facts of your case meet the legal tests that you have just written about
  • Explain to the adjudicator how to come to the conclusion you are seeking in your application or submissions.