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  • Factum Help

    Hello,

    So I have gotten some good advice on writing Factums through searching these forums and the internet.

    I also have an old factum which was written for me 5 yrs ago. The issues have changed but I tried to use it as a template.

    It seemed to me that the Overview had a lot of facts in it. It has dates of marriage, kids birthdays, incomes. Is this normal?

    Has anyone here written their own factum?

    How was the Overview written? Were there any facts in it? Any dates of events that happened?

    Thank you in advance

  • #2
    I've recently learned that legal aid lawyers have to give you 20 minutes free consultation regardless of your income. Wouldn't hurt to take advantage of that.

    The law society also gives you free 30 minutes.

    But Im sure people on this forum should have something to get you started.

    I would be interested to know as well. Last time i had to write a Faktumi hired a lawyer. Hasn't been written so I would like to know what goes in a factum as well.

    Sent from my SM-G935F using Tapatalk
    Last edited by trinton; 01-09-2017, 07:28 PM.

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    • #3
      Bless your heart Aghast. I know you are probably overwhelmed. I self-represented in one matter and, thankfully, I had 6 years worth of my lawyer's amazing notes/correspondence/motions/affidavits to guide me for the correct wording (I did win).

      I looked up the word "factum"

      Duhaime.org Law Dictionary and Legal Information › Legal Dictionary
      Factum Definition: The written summary of a litigant's position to be taken and expounded upon in a judicial proceeding, including a concise summary of relevant facts and law and brief arguments with reference to authorities where applicable.

      So. I'd start (for your own purposes right now) with an outline. Then fill it in.
      It is very easy for us to get too wordy. I think this is because the matter at hand is so intensely personal. Try to visualize yourself in a judge's position.... you have 36 files in front of you that you have to get through that day....

      Perhaps post your outline and get some people on here to critique it for a start?

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      • #4
        Here is a sample appellant factum from university of toronto faculty of law.

        https://www.google.ca/url?sa=t&sourc...7NaBlg3ykuG3lQ

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        • #5
          Thank you to both of you.

          @arabian well I'm 10 pages into it. Since it's written in short numbered paragraphs, its easy to move things around. When I'm done I will try polishing it if I have time. I tried to keep the Overview to one page as I have read but there is too much. I got it down to 2 pages. It could be less, have to remember that I don't know what issues will be going forward, they may agree to most and only contest the issue of a termination date for ss. I will not budge on that though.

          @trinton that is an interesting format. The format I looked at didn't have a statement of issues part. It just listed the issues and argued them as they came up. I may put that part in there. It leans toward the "point first" style of arguing.

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          • #6
            http://www.ottawadivorce.com/forum/f...m-writing-868/

            And this posting in the thread:

            http://www.ottawadivorce.com/forum/f...68/#post109926

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