Paralegal Certification PrepLegal Research and WritingMedium
A paralegal is tasked with drafting the 'Statement of Facts' section for a legal brief in a civil litigation matter. The paralegal has gathered all relevant documents and deposition transcripts. Which of the following is the most crucial principle to adhere to when presenting facts in this section?
- ABegin with a strong emotional appeal to immediately sway the judge or jury in favor of the client.
- BPresent only facts that are favorable to the client's position, omitting any unfavorable details.
- CInclude every minor detail from the evidence to demonstrate thoroughness, regardless of its relevance.
- DPresent facts objectively and chronologically, supported by evidence, while subtly weaving in persuasive elements.
Show answer & explanationAnswer & explanation
Correct answer: D. Present facts objectively and chronologically, supported by evidence, while subtly weaving in persuasive elements.
The Statement of Facts should present the factual background of the case in an objective, accurate, and logical manner, supported by citations to the record. While objectivity is key, a skilled writer can frame the facts in a way that subtly favors their client's narrative without misrepresenting the truth.
Why the other options are wrong
- A. An overly emotional appeal is generally inappropriate for the Statement of Facts, which should focus on factual presentation, not overt argumentation.
- B. Omitting unfavorable facts is unethical and can undermine credibility with the court.
- C. Including irrelevant details can obscure key facts and make the brief difficult to read and understand.
Statement of Facts (Legal Brief)
A section in a legal brief that provides the factual background of the case to the court, presenting the narrative from the client's perspective while remaining objective and supported by the record.
- Must be accurate and supported by evidence.
- Should be presented logically, often chronologically.
- Aims to tell a compelling story without overtly arguing.
Memory trick: Truthful tale, subtly told, with evidence bold.