Presenting the facts in a brief to a court does a certain job: we can think of it as a strategic staging or presentation of the facts in a way that addresses the legal issues of a case without openly arguing them. Typically, a judge reads the statement of facts in a letter before reading the argument. A well-designed statement of facts that does not engage in covert persuasion can influence how arguments are evaluated. At best, a factual representation will have the attributes of a narrative, including a plot based on a particular temporality, a series of events, a cast of characters, and a point of view. If skillfully crafted, it will arouse interest and create dramatic tension. However, unlike other narratives, a statement of facts in a narrative is subject to parameters based on the elements of the applicable law. The facts you include in the presentation of facts must relate to the factual criteria of the case law or law governing the point of law. For example, in a case involving the doctrine of the special tort relationship, where New York jurisprudence has identified four elements to satisfy its requirements (knowledge, care, direct contact, trust), plaintiffs and defendants should include in the statement facts that tend to support or refute those elements. The important legal consequence of such declaratory provisions would be to avoid the real or imagined dilemma of some school officials who claim that, pending the adoption of orders prohibiting the continuation of separate education in their own systems, they have the right, indeed the obligation, to apply State measures that the Court has already declared invalid. The dilemma was compounded by the case of Steiner v. Simmons (Del.
Sup. Ct. No. 27, 1954), pending in the Delaware Supreme Court, in which the plaintiffs sought readmission to Milford High School, from which they had been expelled on September 30, 1954, on the grounds that they were black. The Vice-Chancellor issued the requested injunction and concluded that the plaintiffs had a constitutional right to be readmitted to the school. However, the Delaware Supreme Court granted a stay pending the decision on the appeal based on its preliminary finding that “there are serious legal problems affecting the existence of this legal claim.” 18 In addition, it requires IBM to offer computers for sale at prices and on terms which are not appreciably cheaper for IBM than the leasing costs and which are economically reasonable in relation to the cost of renting those computers. (Decree ï1/2§ï1/2§ IV(a), (c)(2)). Section V(a) prohibits IBM from purchasing used IBM computers from persons other than IBM, except as a trade-in for the purchase of a new computer or as a credit for any debt owed to IBM. This section does not prohibit IBM from repossessing computers that have been leased to a customer.
Section VI prohibits IBM from discriminating against computer owners in favour of tenants. 4 Section VI(a) requires IBM to provide the same type of services at no separate charge, with the exception of repairs and maintenance, as it provides to tenants at no separate cost. Section VI(b) generally requires IBM to provide repair and maintenance services to computer owners at reasonable and non-discriminatory prices and conditions. Article VI (c) requires IBM to sell computer repair services and spare parts and subassemblies at reasonable and non-discriminatory prices to IBM computer owners and third-party computer repair companies, provided that such parts may be used in the equipment they rent. Section VII(b) prohibits IBM from requiring a lessee or purchaser of IBM computers to disclose the use of their computer. Section VII(c) requires IBM to require every purchaser of an IBM computer to receive repair and maintenance or repair parts from IBM. Section VII(d)(2) – The primary and secondary markets would be at least as robust as they are today. The following analysis is therefore intended only to convey to the Court our preliminary concerns and to provide the context for discovery. 1. IBM may have market power in the 390 system and software market.
Much of the opposition to immediate desegregation is not really based on a theory that it is best achieved gradually. To a large extent, but not primarily, this resistance stems from a desire not to reverse segregation at all. Taking into account the nature of the remedy to be granted in each case, due account shall be taken of the nature of the right to be protected.