Construction defects lawsuits are based on negotiations and numerous consultative correspondence. Such deliberations handled by Florida Stucco are usually aimed at reaching an out of court settlement amicably. In a stucco lawsuit, it is inherent that several inspections and analysis will be carried out and the findings will be shared among parties. Based on these findings parties can reach a suitable settlement and in that regard, they are spared the lengthy and tedious court process. A legal opinion is an example of a document that is instrumental in reaching settlements. It is a document that elucidates the merits of a case based on law and precedent. Legal opinions are meant to be persuasive and compelling in order to force parties to agree on damages that are agreeable, logical and amicable.
Therefore it is imperative that you understand the contents of a legal opinion so that you can put across enthralling arguments in favor of your case. These essential materials are laid down as follows;
In any case, it is important for parties to understand the facts of a case and in that regard identify issues that are material to the case. Issues are disagreements between parties that are founded in law and therefore it is comprehensible that not all disputes in a case are issues to be adjudicated upon. A legal opinion will thereby elucidate all material issues separately and expressly in a bid to substantiate the claim.
In most jurisdictions, the identification of issues is critical because the failure to state them at the onset will prevent you from proposing additions at the later stages of proceedings.
The rule of law
As aforementioned, issues are based on law, and therefore you have to identify the law that will guide the proceedings in court. The law maybe procedural or substantive and it is the responsibility of the attorney to comply with any provisions of the law that are binding to the case. The substantive law includes the crucial elements that relate to the merits of the case whereas procedural law includes technical issues like jurisdiction and procedure.
Application of rules
Lastly, it is important to note down the law that is applicable to your case. The law includes customs, statues, and precedent. In the legal opinion, the facts and issues are merged with the law in order to give it a legal basis. Precedent is considered vital because it shows how the courts are likely to decide.Read More