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Old 05-03-2011, 10:52 AM
Mess Mess is offline
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Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough

Using the material in court does not involve copyright, this is outside the copyright law, you are not publishing it. Another example would be if you were teaching a course, you could bring an article into class and read it to students, but you would violating copyright by copying it and handing it out for free.

For a factum, you should state what your point is, how it is relevent to your case. Then refer to the article by name. Then include a small exerpt from the article in quotes that backs up your point. Then include the article as part of your submission. Be aware the judge does not want to read the whole article, much less 4 or 5 of them, but may use them to back up your point. The idea would be that the other side has the opportunity to read the article and refute your argument if they are able, or they can challenge the accuracy of the article, or the qualifications of the writer etc.

Case by case, judge by judge, point by point, there is no way to predict if an article will be accepted as relevent by a judge, you can only do your best to present the material. The better your presentation, the more likely the judge will see it as relevent.

You improve your odds if you write well, you present the relevence in a brief, compact way so that the judge will see how it applies without having to read pages and pages first. The relevence has to be the first thing the judge sees or they won't read any further.