How will the case go
How will we ever know
What are the facts,
What is the law
the black letter,
the meaning, ambiguity,
who is the judge
what day of the week is it…
It depends
On the totality of the circumstances
The best interest standard
Clear and convincing
compelling state interest
Strict scrutiny
Middle Tier
or simply rational basis
Or is it the members of the court
or their latte that day
When my brief was before them
did I get the right color,
was a jurist’s name misspelled,
the issue I care about
sweated over, to be right on
precedent and theory
persuasive, compelling,
the fact pattern that I am reading
clock ticking in the Rich Room
yet again, last time, I hope…
Summer awaits but not before the last final
the magic words used or unused
vagueness or over-breadth
It depends on who’s grading…
Oooh was it ripe,
ready for the testing
Justiciable after all
ready for the will of the court
IF it pleases the court
Tells a story, compelling,
enticing, juicy, with bite
of what the plaintiff’s theory was
and Defendant’s defenses
in rhythm, in time
Blue book sing for me
pages filling, 1L, come on,
be clear, concise, rich issues
facts and law blend
to spin the story
taking every branch, fork in the road
until Time is called.
Hopefully it is enough.
But it depends.
Once more.
edited June 27, 2014
IT DEPENDS – v2
May 9, 2002
IT DEPENDS
(posted to blog on 2/9/2004,
5 days into blog’s existence)
Franklin
Pierce Law Center,
UNH
School of Law
Concord,
NH
All
of my poems are copyrighted by Raymond A. Foss, 2000, 2001, 2002, 2003, 2004,
2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014. All rights
reserved. Contact me at Ray Foss for usage.
See all 30,770+ of my poems at www.raymondafoss.blogspot.com
Poetry Where You Live.
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