[blindlaw] question for litigators

[Sai]

Are you preparing for a trial actually likely to go to jury? What topic?

Is what you mean, when referring to jury instructions as a template,
just that they provide a handy outline of the elements that need to be
proved or attacked?


E.g. there are areas, like FOIA or APA, where pattern jury instructions
don't really apply, Those cases almost always end with MSJs, not even a
bench trial. (And those are the only kind I've done personally.)

I like to just use outlines and spreadsheets. That's basically how I
draft everything, really, and how I keep track of e.g. issues for
appeal, case cites, etc as well.


That's also what I did when drafting bench memos.

First I'd make an outline of the facts and record (regardless of the law
to apply). (That's just because it helps my memory to think of things in
context and have a better timeline than the record usually gives. It's
probably more efficient to first check the law and then filter out the
facts that aren't relevant.)

Then I'd check what laws apply, what cases are good or not, standard of
review (my judge was appellate), etc. — and categorize those all into a
handful of groups, based more or less on what aspects they go to and
pro/con on what issues. The outline helped me spot a few cases when the
one or both parties failed to address some important issue and I'd have
to do more research on it, since it wasn't briefed enough.


For Answers, MSJs, Vaughn indices, and the like, I like to make a
spreadsheet of all the claims and responses, then just go through each
one, categorizing into a separate column and pulling out the language
that's not repetitive. They're damn near impossible to keep straight
otherwise. (Especially an Answer; those'll just put you to sleep.)


However, I am by no means an experienced litigator, I use computers
mostly sighted (at least for litigation purposes).

And I'm not even sure if the above is the kind of answer you were hoping
for.

Maybe you could elaborate so others could give a better answer?

Sincerely,
Sai
President, Fiat Fiendum, Inc.

On 11/20/18 21:02, Josh Loevy via BlindLaw wrote:
> Hey All,
> 
> I am in the midst of putting together some case charts to manage document
> analysis. I wanted to see if anyone has developed a case charting system
> they like. I am using the pattern jury instructions as a foundation, but am
> trying to figure out the best and most accessible format.
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