Maddox Smith Staff asked 4 years ago

Relevant Legislation

Have you answered the question set ·         Have you identified the important facts ·         Have you found and understood the relevant legislation ·         Have you found and understood the relevant case law ·         Have you applied the relevant legal principles (from the above sources) appropriately   These first four points do not require you to slavishly list facts, law, cases etc.  A good answer will demonstrate that you have met the criteria, even though it will not state every section or case.  You will waste your limited space if you do not discriminate between essential discussion and a regurgitation of the general law on the topic.   ·         Is your answer set out in a logical order ·         Is the spelling correct and the grammar good ·         Have you written in a style appropriate to the reader   Remember that you are writing to a family law judge.  He/She knows the basics, knows the facts and does not want to waste their time being reminded repeatedly that the FLA requires them to make a decision that best advances the interests of the child.  Given your audience, your answer can be legally sophisticated, assume a level of understanding of issues and therefore concentrate on discussing the contentious issues.  If you are having trouble coming to grips with this, imagine you are discussing with a partner in a family law firm one of their cases that you are both working on – that is the level at which you need to pitch this answer.   ·       Do your orders make sense ·       Do you have jurisdiction to make the orders you recommend (not in relation to the parentage issue)   ·       Are your orders a reasonable exercise of discretion given the facts