What is the difference between Legal Rationale and Defense Strategy?
How could one establish Legal Rationale without giving information on Defense Strategy?
Are there any samples to contrast the two?
Appreciate your help - I do not have text books.
This is really a homework assignment without any practical application. Good news, the answer is in your textbook and/or class notes.
The above is general legal and business analysis. It is not "legal advise" but analysis, and different lawyers may analyse this matter differently, especially if there are additional facts not reflected in the question. I am not your attorney until retained by a written retainer agreement signed by both of us. I am only licensed in California. See also avvo.com terms and conditions item 9, incorporated as if it was reprinted here.
I concur with my colleague's response.
I have been licensed to practice in the State of Oregon since 1990. I am not offering legal advice regarding your question, only general information regarding the law. You are not my client nor am I your attorney unless we sign a retainer agreement.
Legal rationale is what gets you from the facts and law to a particular conclusion. Therefore, once you identify the issue, you then apply the facts to the applicable law. The process of using legal rationale helps you to arrive at the conclusion for your argument. You always need legal rationale to convince the court and to convince the opposing side to agree with your position.
Defense strategy is to road map of how a defendant defeats the plaintiff. The strategy can be both procedural and substantive. Procedural defenses are typically motions which make the court rule in the defendant's favor early on in the case to obviate the necessity for a trial. Substantive defenses usually require collecting evidence such as by written discovery and taking oral depositions. With the appropriate evidence, the defendant can effectively demolish or defend the plaintiff's claim(s) by the time the case gets to trial.
Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.