HEADINGS FOR THE ARGUMENT SECTION
1- THE NINTH CIRCUIT ERRED IN FINDING THAT THE DISTRICT COURT ABUSED ITS DISCRETION BECAUSE PERU WAS AN ADEQUATE ALTERNATIVE FORUM WITH A LOCAL INTEREST IN RESOLVING THE CONTROVERSY. FURTHERMORE WITNESSES, ENVIORNMENTAL CONSULTANTS, PHYSICIANS OF THE VICTIMS, AND DOCUMENTS WERE LOCATED IN PERU
A- Plaintiffs failed, in the district court, to show that the peruvian justice system
was corrupt
B- In coming to their decision, the district court analyzed court congestion and
local interest in resolving the controvery in peru
C- The district court also looked at location of witnesses, enviornmental
consultants, physicians of the victims, and documents
2- PLAINTIFF, AMAZON WATCH IS NOT ENTITLED TO DEFERENCE BECAUSE THEY WERE PLACED IN THE CASE ONLY TO PREVENT DISMISSAL TO PERU. AMAZON WATCH WAS NOT HARMED BY OCCIDENTAL’S ACTIONS, THEY MERELY MADE A DOCUMENTARY ABOUT THE CONTAMINATION AND ORGANIZED PUBLIC RELATION CAMPAIGNS
[Remember you need to have text under each heading and subheading. In each section you want to state the rule, apply the rule to your facts, compare your facts to another FNC case ( Piper Aircraft V. Reyno), briefly conclude. See the examples from my appellate brief].
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Formate Of a Legal Argument:
Lead: The court’s introduction to the point’s analysis.
Rule:
Application: Show that the rule applies to the case
Rebuttal: —–> for NO.1 (A), (B), (C)
Conclusion:
ScholarMatic: Explanation & Answer
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