Showing posts with label argument. Show all posts
Showing posts with label argument. Show all posts

Thursday, December 31, 2015

Building Blocks – v2

Office memorandum
Legal writing, precise, supported,
Predicting, precedent,
Discussion, relevant facts
Building blocks, leading
To inevitable conclusion

Weighing pros and cons
Seeing both sides,
My client and theirs
Facts and issues revealed;
Gaps in law and facts
Inferred, developed
To predict, to see
The inevitable outcomes

===========
edited January 20, 2016
Holding onto my Dicta – v2
posted February 26, 2004
November 11, 2002 8:35pm
Holding onto my Dicta
&
edited January 20, 2016
Actors – v2
posted February 28, 2004
written 9/18/01 23:00 to 23:15
Actors
&
edited January 20, 2016
Kontraxtz – v2
posted February 29, 2004
written September 22, 2001 19:18 to 19:40
Kontraxtz
&
edited January 20, 2016
Into the Stream of Commerce – v2
posted March 3, 2004
written 11/14/2002 8:35am
Into the Stream of Commerce
&
edited January 14, 2016
My Memo 1 Sucks – v2
http://raymondafoss.blogspot.com/2016/01/my-memo-1-sucks-v2.html
posted February 27, 2004
written 9/18/01 23:25 to 23:40
My Memo 1 Sucks
http://raymondafoss.blogspot.com/2004/02/my-memo-1-sucks.html
(About the first memo in Legal Skills, 1st semester of law school)
&
edited January 13, 2016
Hands Raised – v4
(editing version 3 and original)
edited October 3, 2015
Hands Raised – v3
(editing version 2)
edited June 25, 2014
Hands Raised – v2
posted March 1, 2004
written September 3, 200118:45
Hands Raised
first week at Franklin Pierce Law Center,
now UNH School of Law
&
edited January 8, 2016
Swimming in Molasses – v2
posted February 25, 2004
written September 10, 2001 19:13
Swimming in Molasses
(Thinking about the readings for the Contracts class
of 9/10/01 and the discussions in Torts
last week on wooden use of aged precedents)
&
edited January 8, 2016
Yellow Bands – v2
posted February 26, 2004
written October 20, 2001 22:47
(about highlighting text for class discussions)
&
edited January 8, 2016
Law School – v2
posted February 23, 2004
written 9/3/01 19:25
Law School
edited January 8, 2016
&
Done – v2
posted February 23, 2004
January 28, 2004 22:43.
Written on completion of the Education Law Institute paper,
after 2 extensions. Forty-six pages, 12,000 words, and 335 footnotes.
Done
&
edited January 7, 2016
Citations – v2
posted February 16, 2004
written 9/3/01 18:15
Citations
about first few weeks of Law School
Legal Writing class
&
edited December 31, 2015
Building Blocks – v2
posted February 16, 2004
written 9/3/01 12:30
Building Blocks
&
edited December 30, 2015
First Day – 1L – v2
posted February 16, 2004
8/22/01 22:50
First Day – 1L


All of my poems and photographs are copyrighted by Raymond A. Foss, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016. All rights reserved. Contact me at Ray Foss (raymondafoss@gmail.com) for usage. See all 40,750+ of my poems at www.raymondafoss.blogspot.com Poetry Where You Live.

Friday, June 27, 2014

IT DEPENDS - v2

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.

Saturday, July 27, 2013

Shimmering Chartreuse - v2

I can almost imagine, I must be ready
a client's perspective, what I must argue
their opinion, from fertile imagination
that the sky, the very air thick
a shimmering chartreuse living color
when the sky is blue, rich in summer

Now what research, analysis, argument
to raise, with a stoic straight face,
every claim, proof, perspective
convince the one who counts
of the color of the sky, shimmering chartreuse,
The one who wears the robe of black.


Edited July 27, 2013
“Shimmering Chartreuse – v2”

March 11, 2008
“Shimmering Chartreuse”


All of my poems are copyrighted by Raymond A. Foss, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013. All rights reserved. Contact me at Ray Foss for usage. See all 23,920+ of my poems at www.raymondafoss.blogspot.com Poetry Where You Live.

Saturday, September 08, 2007

Ignoring Precedent

My blood boiled,
my eyes rolled
at the position they took
the wall they created
to entry, to rights
Claiming their argument
in spite of, ignoring,
denying precedent
Oh that doesn’t apply,
this is so different,
they are individuals after all…
But in their piety,
their overstated certainty,
a child is barred from
rights stated, in repeated
repeated decisions, in many courts,
all stating they are wrong,
or so I will argue
before the next tribunal.
Next stop, stare decisis.


September 7, 2007 21:14


All of my poems are copyrighted by Raymond A. Foss, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012. All rights reserved. Contact me at Ray Foss for usage. See all 19,730+ of my poems at http://www.raymondafoss.blogspot.com Poetry Where You Live.

Saturday, January 06, 2007

Researching

Above the noise in the room below
the sound of the television, the game,
the laughter of our five-year old
entertaining herself alone
Looking for precedence, for the case on point
a winning parallel for my case
looking desperately, seeking
arguments in synonyms,
someone else who had gone before
blazed their way, before
Before the change in the law
Back when fertile ground remained,
when you could argue, fight
more services, more gain,
more balance, for them
seeing futures, opportunities
in the words of the law, regulations
mandatory authority
precedent, winning precedent,
elusive; but may be there still
for the tenacious.
Keep searching.


January 5, 2007 20:32


All of my poems are copyrighted by Raymond A. Foss, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012. All rights reserved. Contact me at Ray Foss for usage. See all 19,060+ of my poems at http://www.raymondafoss.blogspot.com Poetry Where You Live.

Saturday, November 04, 2006

Discovery

How aptly named,
is discovery, the information
the case of the Division
Page after page, a catalog
of surprises, discoveries indeed

The proofs, evidence, claims
of the prosecution

Pour over it, all of it
for a hidden gem,
inconsistency, weak links
in the chain, the steps
the path to guilt


November 3, 2006 21:33
On receiving a 250 page packet
of Discovery


All of my poems are copyrighted by Raymond A. Foss, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012. All rights reserved. Contact me at Ray Foss for usage. See all 19,010+ of my poems at http://www.raymondafoss.blogspot.com Poetry Where You Live.

Monday, February 16, 2004

Building Blocks

Office memorandum
Legal writing
Predicting
Discussion, relevant facts
Building blocks
Inevitable conclusion

Weighing pros and cons
Seeing both sides,
My client and theirs
Facts and issues
Gaps in law and facts
Inferred, developed
To predict
Outcomes


===========
edited January 20, 2016
Holding onto my Dicta – v2
posted February 26, 2004
November 11, 2002 8:35pm
Holding onto my Dicta
&
edited January 20, 2016
Actors – v2
posted February 28, 2004
written 9/18/01 23:00 to 23:15
Actors
&
edited January 20, 2016
Kontraxtz – v2
posted February 29, 2004
written September 22, 2001 19:18 to 19:40
Kontraxtz
&
edited January 20, 2016
Into the Stream of Commerce – v2
posted March 3, 2004
written 11/14/2002 8:35am
Into the Stream of Commerce
&
edited January 14, 2016
My Memo 1 Sucks – v2
http://raymondafoss.blogspot.com/2016/01/my-memo-1-sucks-v2.html
posted February 27, 2004
written 9/18/01 23:25 to 23:40
My Memo 1 Sucks
http://raymondafoss.blogspot.com/2004/02/my-memo-1-sucks.html
(About the first memo in Legal Skills, 1st semester of law school)
&
edited January 13, 2016
Hands Raised – v4
(editing version 3 and original)
edited October 3, 2015
Hands Raised – v3
(editing version 2)
edited June 25, 2014
Hands Raised – v2
posted March 1, 2004
written September 3, 200118:45
Hands Raised
first week at Franklin Pierce Law Center,
now UNH School of Law
&
edited January 8, 2016
Swimming in Molasses – v2
posted February 25, 2004
written September 10, 2001 19:13
Swimming in Molasses
(Thinking about the readings for the Contracts class
of 9/10/01 and the discussions in Torts
last week on wooden use of aged precedents)
&
edited January 8, 2016
Yellow Bands – v2
posted February 26, 2004
written October 20, 2001 22:47
(about highlighting text for class discussions)
&
edited January 8, 2016
Law School – v2
posted February 23, 2004
written 9/3/01 19:25
Law School
edited January 8, 2016
&
Done – v2
posted February 23, 2004
January 28, 2004 22:43.
Written on completion of the Education Law Institute paper,
after 2 extensions. Forty-six pages, 12,000 words, and 335 footnotes.
Done
&
edited January 7, 2016
Citations – v2
posted February 16, 2004
written 9/3/01 18:15
Citations
about first few weeks of Law School
Legal Writing class
&
edited December 31, 2015
Building Blocks – v2
posted February 16, 2004
written 9/3/01 12:30
Building Blocks
&
edited December 30, 2015
First Day – 1L – v2
posted February 16, 2004
8/22/01 22:50
First Day – 1L


All of my poems and photographs are copyrighted by Raymond A. Foss, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016. All rights reserved. Contact me at Ray Foss (raymondafoss@gmail.com) for usage. See all 40,750+ of my poems at www.raymondafoss.blogspot.com Poetry Where You Live.

Sunday, February 08, 2004

IT DEPENDS

How will the case go
How will we ever know
It depends

On the totality of the circumstances
The best interest standard
Clear and convincing
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
the issue I care about
sweated over, to be right on
precedent and theory

the fact pattern that I am reading
clock ticking in the Rich Room
Summer awaits but not before the last final
the magic words used or unused
vagueness or overbreadth

Oooh was it ripe
Justiciable after all
ready for the will of the court
IF it pleases the court
Tells a story
of what the plaintiff’s theory was
and Defendant’s defenses

Blue book sing for me
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.

.
edited June 27, 2014
IT DEPENDS – v2
Posted February 8, 2004
Written 5/9/02, as I prepared for my 2nd semester of law school finals. 
It is almost always, "it depends"
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 and photographs are copyrighted by Raymond A. Foss, 2000, 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008, 2009, 2010, 2011, 2012, 2013, 2014, 2015, 2016. All rights reserved. Contact me at Ray Foss (raymondafoss@gmail.com) for usage. See all 40,710+ of my poems at www.raymondafoss.blogspot.com Poetry Where You Live.