Overview
After attorneys complete their objective analysis of the case, the case may either settle or proceed to trial. If the case goes to trial, attorneys may prepare legal briefs on a variety of topics. One of those topics includes the instructions that will be given to the jury.
For this phase of the simulated litigation, we will move into the Persuasive Brief. These two parts will build off the work done in the Legal Memorandum. You will be using the same facts. You will also use the same judicial opinion and statute but will be researching the law further to include more judicial opinions. This project will simulate some of the research and writing projects that attorneys perform to get a case ready for trial.
Instructions
To: Junior Attorney
From: Senior Attorney
RE: Jeffrey Bing Matter
We are getting ready to go to trial on the Jeffrey Bing matter. Since my initial interview with Mr. Bing (see the Senior Attorney Memorandum), the paralegals have found out some additional information about the case. Discovery is now closed.
The trial is scheduled to begin in 4 weeks. Pretrial motions and supporting briefs are due soon. The judge has asked counsel to propose jury instructions. Jury instructions are a set of legal rules the judge reads to the jury that give the law of a case. The jurors should follow these instructions when deciding a criminal or a civil case. Prior to having these instructions read, the parties provide the court with proposed jury instructions. The court then determines which instructions it will give to the jury.
In this matter, the parties and the court agree that a key issue that must be resolved is how the jury should be instructed on the self-defense issue.
In Illinois, the relevant pattern jury instruction for self-defense reads:
IL-IPICRIM 24-25.06, Ill. Pattern Jury Instr.-Criminal 24-25.06
24-25.06 Use Of Force In Defense Of A Person
A person is justified in the use of force when and to the extent that he reasonably believes that such conduct is necessary to defend [ (himself) (another) ] against the imminent use of unlawful force.
[However, a person is justified in the use of force which is intended or likely to cause death or great bodily harm only if he reasonably believes that such force is necessary to prevent [ (imminent death or great bodily harm to [ (himself) (another) ]) (the commission of ) ].]
The court has asked the parties to submit briefs analyzing whether or not this instruction should be given to the jury.
We represent the defendant, Mr. Bing, in this matter, and thus your trial brief must argue why this jury instruction should be given.
Prepare a Persuasive Brief: Final Assignment entitled Defendants Motion for Self-Defense Jury Instruction.
For this Persuasive Brief: Final Assignment, you should use the materials and research from the Legal Memorandum you prepared earlier for me. The Persuasive Brief: Final Assignment must contain at least 3 cases (including the provided case) and 1 statute (including the provided statute) to support your argument.
Please read the additional specific instructions about each assignment for the Persuasive Brief Assignment before starting each part of the project.
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