In judicial clerking, the "Read and Plan" step in the research process takes on additional meaning.
Motions and appeals almost always present multiple issues. Beyond the basic questions, pay attention to:
- Jurisdictional issues and defects
- Procedural vs. substantive issues
- Logical order to addressing the issues?
- Standards
- Appellate: what is the standard of review?
- Trial: what is the standard for granting the motion?
- Which party must meet burden?
- Judge likely has a file of past orders/opinions with key language
In judicial clerking, the "Read and Plan" step in the research process takes on additional meaning.