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Equity and Trust Law

60

For each cause of action that you address, state briefly the elements of the cause of action, citing relevant case or statutory authority. 

Briefly state which elements are clearly satisfied or not satisfied. This indicates that these points need no further discussion. 

Indicate that the remaining elements give rise to issues and briefly identify the issues. Then, under separate headings, discuss each issue in turn: 

1. Issue: Start with a statement of the issues in terms of law and the facts at issue 

2. Rule:

State the range of possible meanings or interpretations of any ambiguous statutory provision or common law principle
State arguments for and against each meaning, including a discussion of the relevant authorities
3. Application: Evaluate these arguments as they apply to the facts.

Conclusions
State an opinion or conclusion for each issue and then one for each cause of action overall, if required, in the form of advice to the party.

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