1. Legal Reasoning
continued
Dr. Heba Hazzaa

2. What should we learn from this course?
1. Reading effectively
2. Thinking systematically: Relevant facts+ IRAC
3. Writing efficiently: Clear, Concise, Structured, Supported by Authority
1. Drafting contracts
2. Writing arguments
3. Writing legal opinions
4. Oral advocacy: presentation skills
Today
Today

3. Course Packet
and Exam preparation 1
 We have a course packet that relates to the materials we have covered
through out the lectures:
 A chapter about principles of drafting contracts
 2 Fact patterns, 2 cases and 1 page of legal texts
 How to use the course packet to prepare for the exam:
 Lecture notes and PDFs for presentations
 On drafting
 On legal writing: Memo, legal opinion

4. Course Packet
and Exam preparation 2
 The skills you will need to use to answer questions:
 Read the materials we gave you efficiently:
 The book chapter: you will need to read it to use the guiding principles in drafting
 Fact pattern: spot the issues
 2 cases: schematize them (know the parties, the issues raised, and how and why the court
ruled this way)
 Train yourself to construct arguments for each side of the fact pattern
 Use legal reasoning tips: Major, Minor, conclusion
 Distinguish or analogize the cases you schematized to the argument you are making

5. RELEVANT
Facts
IssueRule

6. Recap: Reading Effectively

7. What is a legal argument?
A legal argument is:
a logical statement
supported by legal authority
and admissible evidence.

8. A major premise is: the general rule that should
be applied+ detailed rule
A minor premise is: statement of relevant
fact from your fact pattern
The conclusion is reached when you
explain/connect how the relevant facts fit
your rule (stated in the major premise).

9. How to write a strong argument:
Build
Break
down
Rebuild

10. How to score a goal with
your argument?
List your supporting arguments.
Counter your own argument with what your
opponent might say.
Rebut/ Rebuild: respond to each counter
argument.

11. Let us see an example of a very good attempt
at writing a legal and how to improve upon it
 Writing Sample 1 Strawberry Farm edits.docx

12. Distinguishing a case
An essential skill for effective writing

13. Fact pattern vs. case
 Hypothetical
 ‫فرضية‬
 ‫بعد‬ ‫فيها‬ ‫يحكم‬ ‫لم‬ ‫وقائع‬
 The way you approach a fact pattern is different than you approach a case:
 In a fact pattern you focus on spotting the relevant facts – you make the
reasoning/conclusion ‫السابقة‬ ‫واألحكام‬ ‫القانونية‬ ‫القواعد‬ ‫تفسير‬ ‫باستخدام‬
 In a case a conclusion (decision) has already been made. Your job is different: you
have to insure that the reasoning for the decision rests on the facts you identified
as relevant.

14. Distinguishing or analogizing A case
1. Find relevant facts in the fact pattern
2. Find the relevant facts in the decision/case
3. Look at the issue and the facts in both and ask why is my issue
different/similar than the case
4. Take those differences/similarities and put them in comparison to the
analysis (reasoning) in the case
5. If the reasoning relies on facts different from your relevant then you have
distinguished the case
6. If the reasoning relies on facts similar to yours than most likely this case will
apply to your fact pattern.

15. Scafom v ExMA CPI (CISG convention
Art. 79)
 If Strawberry Farm and Jam Co. were to arbitrate according to the CISG will
this case be instructive?
 Split into groups for Strawberry Farm and some for Jam Co. and read the case
together and decide if you can distinguish the case or if you think it should be
instructive.

16. Exercise
Work in groups of 5
Claim your spot as SF’s or Jam Co
Try to distinguish the case –
prepare to argue your point

17. Jam Co. Vs. Strawberry Farm
1. Jam Co. [buyer] has a supply contract with Strawberry Farm [seller].
2. The contract provides for supply of variable quantities between (200 – 500) tons determined by
the buyer at the time of order for market price -0.1%.
3. For the past 5 years buyer’s demand was consistently at the minimum mark.
4. Weather conditions affected crop quality and quantity as a result supplier asked buyers to
renegotiate contracts.
5. Talks were ongoing when buyer ordered 400 tons (doubling the usual quantity) to cover its
export operations.
6. Strawberry Farm’s delivered 200 tons of strawberries to Jam Co. and billed at market price.
7. Jam Co. procured the remaining quantity from a Third party for market price + markup.
8. Similar weather conditions, however not as severe, have took place 6 years ago affecting all
growers in the region.
9. After the heat wave started, Strawberry Farm installed special coolers in their green houses to
ward off the heat wave.
10. Strawberry Farm’s loss due to weather conditions is estimated at 35%.

18. Similar Facts between Scafom and Jam
Co.
 1) Hardship: Some events affected both price and ability to deliver
contractual quantities
 2) Notice to negotiate
 3) Failed negotiations
 4) Request for performance by buyer
 5) In the past there has been a substantial price increase (10% in EXMA) and
did not affect contract price.

19. Irrelevant facts for distinguishing the
case from Strawberry Farm:
1. Manufacturing in BVBA Orion/ Buyer processor
2. General conditions of sale attached or not
3. Other customers of Exma accepted price adjustments

20. Distinguishing Facts
Scafom
1. No delivery after request for
negotiations
2. General conditions and purchase
orders not a standalone framework
contract.
3. GC contain a standard price
adjustment clause
4. Seller refused any voluntary
performance only performed under
summary court order
5. Price increase is 70%
Jam Co.
1. Purchase order was placed
2. Supply contract – not purchase
orders only
3. No reference to general
conditions - assume it is not there
4. Seller undertook partial
performance
5. Price increase is 0.1%