(eBook PDF) Opinion Writing and Case

Preparation 6th Edition

Visit to download the full and correct content document:
https://ebooksecure.com/download/ebook-pdf-opinion-writing-and-case-preparation-6t
h-edition/
presented when attempting to settle or before a tribunal are unlikely to
succeed.
The experience of those studying and teaching on the Bar Professional
Training Course and now designing the new approach to Bar training has
identified the need to provide clear guidance on how to carry out legal
research efficiently and to identify, analyse, and present relevant facts to
ensure the best outcome for the client. The methods and techniques adopted
in this manual are the outcome of our experience over many years and our
discussions with the many practitioners and academics who have kindly
contributed to the debate about how best to develop effective case preparation
skills. It addresses changes in practice in the courts and tribunals and the
increased use of information technology in legal practice.
The advice given in this manual is not intended to be prescriptive. The
aim is to provide practical advice and to demonstrate through the inclusion of
worked examples how particular techniques can be applied to the preparation
of a case. It is hoped that this will provide a framework which will assist each
individual to develop his or her own intellectual skills in order to carry out
the task of preparation competently and professionally.
Students will find that they will have opportunities to apply these
techniques throughout their Bar training, pupillage, and practice. In
particular, the sections assisting you with legal research and fact management
processes will be invaluable when you are working with sets of papers for the
skills exercises and should be particularly useful in preparing for assessment,
and later when you enter practice.
ACKNOWLEDGEMENTS

Grateful acknowledgement is made to the publishers of copyright material

that appears in this book.

Incorporated Council of Law Reporting: extracts from Lewis v Lady Rook

[1992] 1 WLR 662.
GUIDE TO USING THIS BOOK

The Bar Manuals series includes a range of tools and features to aid your
learning. This guide will outline the approach to using this book, and
help you to make the most out of each of the features within.

Practical approach
The authors have taken a practical approach to teaching opinion writing and
case preparation. This will help you to enhance the skills that you will need,
not only for exams, but also in practice, when it is necessary to apply the law
to real-life scenarios.

A step-by-step approach
This book features a step-by-step approach to giving advice on evidence in
both a civil and a criminal case, which acts as a checklist for students and
barristers to ensure that they have considered all relevant points.

Exercises
A number of self-assessment exercises are provided as a practical tool to help
you to prepare for a case.

Examples
Opinion Writing and Case Preparation features examples of barristers’
opinions which will serve to give you some idea of differences in style and
how opinions can be tailored for different circumstances.

Pedagogical features
Tables and diagrams offer visual representations of more complex subjects.
This feature helps you to simplify more difficult subjects and provides a
range of documentation within case notes.
OUTLINE CONTENTS

Foreword
Preface
Acknowledgements
Guide to Using this Book

PART I Legal Research

1 Preparation: a forensic skill

2 Introduction to practical legal research
3 Legal research methods
4 Legal resources for the practitioner
5 Using electronic resources for research
6 Researching words and phrases
7 Reading and interpreting a case
8 Practical legal research: a summary
9 Legal sources for the practitioner: a bibliography

PART II Fact Management

10 Overview of a civil case

11 Anatomy of a criminal case
12 The fact management process
13 Presentation for the practitioner: the CAP approach in action
14 Dealing with figures
 Communication and information technology use in case
15 preparation and presentation

PART III Opinion Writing

16 Words and the barrister

17 Qualities of good writing
18 Plain language
19 Opinion writing
20 The use of law in an opinion
21 Getting started
22 An illustration of the opinion writing process
23 Advice on evidence in a civil case
24 Advice on evidence in a criminal case
25 Checklist for opinion writing skills

Index
DETAILED CONTENTS

Foreword
Preface
Acknowledgements
Guide to Using this Book

PART I Legal Research

1 Preparation: a forensic skill

2 Introduction to practical legal research

2.1 What is ‘practical’ legal research?
2.2 The importance of legal research
2.3 Practical legal research and the pupil barrister
2.4 Legal research as a process

3 Legal research methods

3.1 Planning legal research
3.2 Analysing the problem
3.3 Researching the legal problems
3.4 Following through
3.5 Updating the law
3.6 Further research techniques
3.7 Applying the law to the facts
3.8 Recording your research
3.9 In conclusion
4 Legal resources for the practitioner
4.1 Introduction: using the law library
4.2 Legal commentary
4.3 Practitioner textbooks
4.4 Legal encyclopaedias
4.5 Legal journals
4.6 Judicial dictionaries
4.7 Forms and precedents
4.8 Primary sources of law
4.9 Primary legislation: Public General Acts (‘statutes’)
4.10 Secondary legislation: statutory instruments
4.11 Case law and law reports
4.12 European Union legal documents
4.13 EU legislation
4.14 EU law reports
4.15 EU periodical literature
4.16 Current awareness: finding out about new developments
4.17 Key EU websites
4.18 Human rights documentation
4.19 The European Convention on Human Rights
4.20 Human rights law reports
4.21 Human rights serials
4.22 Key human rights websites

5 Using electronic resources for research

5.1 Electronic formats
5.2 Types of electronic database
5.3 Commercial legal databases
5.4 Free legal information on the internet
5.5 Search strategies using electronic resources

6 Researching words and phrases

 6.1 Introduction
6.2 Checklist
6.3 Where to look for definitions
6.4 Foreign legal vocabulary
6.5 Pepper v Hart research: using Hansard

7 Reading and interpreting a case

7.1 Introduction
7.2 Judicial precedent
7.3 The ratio of a case
7.4 Some test questions
7.5 Analysing cases
7.6 Batey (Inspector of Taxes) v Wakefield [1982] 1 All ER 61
7.7 Lewis v Lady Rook [1992] 1 WLR 662
7.8 Answers to test questions

8 Practical legal research: a summary

8.1 The purpose of this chapter
8.2 Notes to pupil supervisor
8.3 Summary
8.4 Criteria by which you may assess your legal research
8.5 A sample exercise in legal research
8.6 And, finally, some useful tips

9 Legal sources for the practitioner: a bibliography

9.1 Legal encyclopaedias
9.2 Legal dictionaries
9.3 Law reports
9.4 Journals
9.5 Legal sources—by subject area

PART II Fact Management

10 Overview of a civil case
10.1 Introduction
10.2 Stages in a civil case
10.3 Roles of solicitor and barrister
10.4 Pre-claim stage
10.5 Instituting proceedings
10.6 Interim stage: preparing the evidence
10.7 The trial: final preparation and hearing
10.8 Settlement during the process
10.9 Enforcement
10.10 Appeal
10.11 Costs

11 Anatomy of a criminal case

11.1 Introduction
11.2 Role of the defence barrister
11.3 Legal aid
11.4 Crown Prosecution Service
11.5 The work of a barrister in a criminal case: a thumbnail
sketch
11.6 The stages in greater detail

12 The fact management process

12.1 Introduction to the fact management process
12.2 Starting from scratch: defining basic terms
12.3 The CAP approach
12.4 Stage 1: context
12.5 Stage 2: analysis of issues and evidence
12.6 Stage 3: the presentation of the case or argument
12.7 The client’s choice: acting on instructions
12.8 Suggested charts

13 Presentation for the practitioner: the CAP approach in

 action
13.1 Applying the CAP approach
13.2 Instructions to counsel
13.3 Practising the skill
13.4 Criteria by which you may assess your own performance
13.5 Preparation: the common foundation to all your work

14 Dealing with figures

14.1 Introduction
14.2 Importance of numeracy
14.3 Relevance of figures in a barrister’s practice
14.4 Risk assessment
14.5 Stages in a claim when you may need to deal with figures
14.6 Collecting evidence of figures
14.7 Statistics and graphs

15 Communication and information technology use in case

preparation and presentation
15.1 Introduction
15.2 Modern practice
15.3 Essential skills
15.4 Data protection and security
15.5 Digital working in court

PART III Opinion Writing

16 Words and the barrister

16.1 Introduction
16.2 Tools of the trade
16.3 Speaking and writing
16.4 Communication
16.5 The spoken word and the written word
16.6 Standards
16.7 Good writing

17 Qualities of good writing

17.1 The qualities
17.2 Making choices
17.3 The English language
17.4 Clarity
17.5 A logical structure
17.6 Spelling
17.7 Grammar
17.8 Punctuation
17.9 Precision
17.10 Non-ambiguity
17.11 Conciseness
17.12 Completeness
17.13 Style
17.14 Appearance
17.15 The reader
17.16 Reading over

18 Plain language
18.1 Introduction
18.2 What is plain language?
18.3 Why use plain language?
18.4 What does legalese look like?
18.5 Why do lawyers write legalese?
18.6 What is being done to promote plain language?
18.7 Learning to write plain language
18.8 Basic rules of plain language
18.9 Bad words and phrases
18.10 Some exercises
18.11 Further reading
18.12 Suggested answers to exercises in 18.10

19 Opinion writing
19.1 Why learn to write opinions?
19.2 What is opinion writing?
19.3 The right mental attitude: the practical approach
19.4 The thinking process: preparing to write an opinion
19.5 The writing process: the opinion itself
19.6 How the opinion should be set out
19.7 Points of content
19.8 Style
19.9 Professional conduct
19.10 Further reading

20 The use of law in an opinion

20.1 Introduction
20.2 Dealing with the well-known principle of law
20.3 Only cite authorities on points of law
20.4 How to cite cases
20.5 Show the relevance of the case
20.6 Which case(s) to cite
20.7 Using statutory materials
20.8 Which sources to cite
20.9 Apply the law to the facts
20.10 Producing sound conclusions
20.11 Summary

21 Getting started
21.1 The problem
21.2 The analysis
21.3 Writing the opinion

22 An illustration of the opinion writing process

 22.1 Instructions to counsel
22.2 Preparing to write an opinion
22.3 Writing the opinion
22.4 Opinion

23 Advice on evidence in a civil case

23.1 An approach to writing a civil advice on evidence
23.2 Sample advice on evidence

24 Advice on evidence in a criminal case

24.1 An approach to writing a criminal advice on evidence
24.2 Sample advice on evidence for prosecution
24.3 Sample advice for defence

25 Checklist for opinion writing skills

25.1 The purpose of this chapter
25.2 Language and style
25.3 Content
25.4 Conclusions and reasoning
25.5 Structure
25.6 Practicality

Index
Part I

Legal Research

1 Preparation: a forensic skill

2 Introduction to practical legal research
3 Legal research methods
4 Legal resources for the practitioner
5 Using electronic resources for research
6 Researching words and phrases
7 Reading and interpreting a case
8 Practical legal research: a summary
9 Legal sources for the practitioner: a bibliography
 1

Preparation: a forensic skill

The image of successful barristers suggests that their success depends on the
ability to think on their feet, to use words persuasively, to mesmerise by their
fluency, and to impress by their very presence and charisma those whom they
address. Certainly, those skills help. However, the real basis for their
confidence is effective preparation for the task they are undertaking so that
they know the facts of the case thoroughly and, having considered the
potential relevance of all the facts to their legal context, can respond
effectively to any point made; and having thought through and planned their
argument beforehand can deliver it clearly, and address in a convincing way
all the relevant questions which must be decided.
The work of a barrister (more fully dealt with in Chapters 10 and 11),
although more varied than many realise, is focused on answering one
question. If the case came before a court, how likely is it that the client would
win? The only way that this question can be answered is for the barrister to
address the underlying question, which is: how can the case be presented so
that evidence can be put before the court which will prove on the facts that
the client is legally entitled to a finding in his or her favour? This is why case
preparation is a forensic skill.
In order to answer this underlying question, the barrister will need to look
closely at the facts of the case to see what the client’s problem is and what the
client hopes to achieve from any legal claim. The barrister will then need to
research the law to see whether there is a legal principle which will give the
client a right to the outcome being sought. The facts of the case will then
need to be analysed to determine whether they can be presented in such a
way that all the component parts of the legal principle can be shown to be
fulfilled. The barrister will also need to consider whether there are witnesses
who can be called to give evidence which, if believed, will prove the facts on
which the argument is based and which, it is hoped, will persuade the court of
the client’s entitlement to a finding in his or her favour.
This analytical process can be demonstrated in tabular form as in Table
1.1.

Table 1.1 Initial analysis of a case

Legal framework Facts in support Evidence

Insert below each element Insert below, in relation to each Insert below in relation to
of the crime, cause of legal element, facts which each fact the evidence
action, and/or defences establish that element which proves that fact

By identifying every element of the legal principle which is relied on and the
facts and evidence which support it, the barrister can test whether there is
sufficient available evidence of the facts to establish the legal basis of the
case. Even then, the preparatory work will not be completed, for the barrister,
before being able to advise on the likely success of a case, will have to
consider all the arguments about fact and law which the other side might
raise, and whether and how they can be countered. Only then will the
barrister be able to answer–with any hope of that answer being justified–the
question whether the client will win, or be able with confidence to present the
case convincingly to the court.
The aim of this manual is to explain and demonstrate some methods of
legal research and fact management which, in the context of the work of a
barrister, will assist in developing effective case preparation skills.
Chapters 2–9 show how legal research can be made more efficient by
increasing familiarity with the basic sources of information and by outlining
some of the main techniques of research.
Chapters 10 and 11 provide an overview of the stages of first a civil and
then a criminal case. The Bar is predominantly a referral profession, and a
barrister may be consulted at various stages of a case; therefore it is always
important that any preparation is focused on the particular instructions that
have been received. As particular aspects of the case may require different
emphasis at different stages, it is always crucial to tailor one’s preparation to
the stage that the case has reached.
 Chapters 12 and 13 describes the intellectual processes and the
analytical skills which are required for effective fact management. The
acronym CAP (Context, Analysis, Presentation) has been adopted to
summarise the process by which the preparation of a case progresses from an
initial understanding of the legal and factual context to a detailed analysis of
the issues and the evidence, and finally to the construction of a persuasive
and pertinent argument which can be presented to whatever audience is
appropriate, be it the client or a tribunal.
The chapter also illustrates some of the possible techniques which can be
used to ensure that the CAP process is carried out rigorously and may help
you to develop your own analytical skills. One technique has already been
displayed above in Table 1.1. Once that table has been completed in relation
to any set of facts, it should provide both an overview and a detailed analysis
of the interrelation of the law, facts, and evidence, issue by issue. This should
make it possible not only to assess the likelihood of success in establishing
your client’s case, but also to carry out your specific instructions more
precisely.
For instance, if your advice is sought, whether in a conference or as a
written opinion, the completion of Table 1.1 should make obvious whether
there is a prima facie case so that a preliminary assessment of potential
success or advice on further steps necessary can be given. If the instructions
are to draft a statement of claim, the centre column will have identified the
material facts which should be included. Moreover, the inability to complete
the table fully will, of itself, identify what further information may be needed.
If a similar analysis is also done of the case for the other side, this should
assist—once the strength of all the available evidence has been considered—
in providing the basis for planning any negotiation, for mediation or court
advocacy, and in answering the basic questions: ‘How likely is it that the
client will win?’; ‘How can the case be presented most effectively?’
It comes as a surprise to some considering careers at the Bar that virtually
every client will want to know ‘How much?’ in relation to some aspect or
other of their case. Chapter 14 provides guidance with dealing with figures.
It will be less of a surprise that information and communication technology is
becoming of increasing significance to practice at the Bar. Chapter 15
presents the ways in which it is likely to be of most importance to you.
Chapters 16–24 show you how to apply these research and preparation
processes to the task of writing opinions: advising your client in writing.
 2

Introduction to practical legal research

If you think that the highest function of the barrister is courtroom advocacy,
think again. Barristers are ‘learned’ counsel. They have earned their
traditional title; not by their in-court resourcefulness but by being the
specialists of the legal profession: lawyers whom other lawyers consult.
Barristers are sought for their knowledge and understanding of the law and
their resourcefulness in applying it to the legal problem presented by their
client.
The ability to provide counsel’s opinion is based on effective legal
research and is the first requisite of the barrister—first, because it comes long
before advocacy, or even the drafting of statements of the case. There is, of
course, a close connection between all of these functions; the opinion given is
one which the barrister knows they must be prepared to deliver in court. It
must be well founded on thorough research, to which the advocacy skills of
the barrister can then be applied. It is in their ability to find the law and their
facility to adapt and apply it to their client’s cause that the most able
barristers can be recognised.

2.1 What is ‘practical’ legal research?

Practical legal research is not the same as academic legal research practised at
law schools and universities. Students absorb essential legal knowledge and
principles presented in textbooks and by their university tutors. They may
have the opportunity to research specific areas of law in essays or
dissertations, but the research required for academic purposes allows for the
pursuit of interesting legal principles and points of law, while articles and
Another random document with
no related content on Scribd:
1.C. The Project Gutenberg Literary Archive Foundation (“the
Foundation” or PGLAF), owns a compilation copyright in the
collection of Project Gutenberg™ electronic works. Nearly all the
individual works in the collection are in the public domain in the
United States. If an individual work is unprotected by copyright law in
the United States and you are located in the United States, we do
not claim a right to prevent you from copying, distributing,
performing, displaying or creating derivative works based on the
work as long as all references to Project Gutenberg are removed. Of
course, we hope that you will support the Project Gutenberg™
mission of promoting free access to electronic works by freely
sharing Project Gutenberg™ works in compliance with the terms of
this agreement for keeping the Project Gutenberg™ name
associated with the work. You can easily comply with the terms of
this agreement by keeping this work in the same format with its
attached full Project Gutenberg™ License when you share it without
charge with others.

1.D. The copyright laws of the place where you are located also
govern what you can do with this work. Copyright laws in most
countries are in a constant state of change. If you are outside the
United States, check the laws of your country in addition to the terms
of this agreement before downloading, copying, displaying,
performing, distributing or creating derivative works based on this
work or any other Project Gutenberg™ work. The Foundation makes
no representations concerning the copyright status of any work in
any country other than the United States.

1.E. Unless you have removed all references to Project Gutenberg:

1.E.1. The following sentence, with active links to, or other

immediate access to, the full Project Gutenberg™ License must
appear prominently whenever any copy of a Project Gutenberg™
work (any work on which the phrase “Project Gutenberg” appears, or
with which the phrase “Project Gutenberg” is associated) is
accessed, displayed, performed, viewed, copied or distributed:
 This eBook is for the use of anyone anywhere in the United
States and most other parts of the world at no cost and with
almost no restrictions whatsoever. You may copy it, give it away
or re-use it under the terms of the Project Gutenberg License
included with this eBook or online at www.gutenberg.org. If you
are not located in the United States, you will have to check the
laws of the country where you are located before using this
eBook.

1.E.2. If an individual Project Gutenberg™ electronic work is derived

from texts not protected by U.S. copyright law (does not contain a
notice indicating that it is posted with permission of the copyright
holder), the work can be copied and distributed to anyone in the
United States without paying any fees or charges. If you are
redistributing or providing access to a work with the phrase “Project
Gutenberg” associated with or appearing on the work, you must
comply either with the requirements of paragraphs 1.E.1 through
1.E.7 or obtain permission for the use of the work and the Project
Gutenberg™ trademark as set forth in paragraphs 1.E.8 or 1.E.9.

1.E.3. If an individual Project Gutenberg™ electronic work is posted

with the permission of the copyright holder, your use and distribution
must comply with both paragraphs 1.E.1 through 1.E.7 and any
additional terms imposed by the copyright holder. Additional terms
will be linked to the Project Gutenberg™ License for all works posted
with the permission of the copyright holder found at the beginning of
this work.

1.E.4. Do not unlink or detach or remove the full Project

Gutenberg™ License terms from this work, or any files containing a
part of this work or any other work associated with Project
Gutenberg™.

1.E.5. Do not copy, display, perform, distribute or redistribute this

electronic work, or any part of this electronic work, without
prominently displaying the sentence set forth in paragraph 1.E.1 with
active links or immediate access to the full terms of the Project
Gutenberg™ License.
1.E.6. You may convert to and distribute this work in any binary,
compressed, marked up, nonproprietary or proprietary form,
including any word processing or hypertext form. However, if you
provide access to or distribute copies of a Project Gutenberg™ work
in a format other than “Plain Vanilla ASCII” or other format used in
the official version posted on the official Project Gutenberg™ website
(www.gutenberg.org), you must, at no additional cost, fee or expense
to the user, provide a copy, a means of exporting a copy, or a means
of obtaining a copy upon request, of the work in its original “Plain
Vanilla ASCII” or other form. Any alternate format must include the
full Project Gutenberg™ License as specified in paragraph 1.E.1.

1.E.7. Do not charge a fee for access to, viewing, displaying,

performing, copying or distributing any Project Gutenberg™ works
unless you comply with paragraph 1.E.8 or 1.E.9.

1.E.8. You may charge a reasonable fee for copies of or providing

access to or distributing Project Gutenberg™ electronic works
provided that:

• You pay a royalty fee of 20% of the gross profits you derive from
the use of Project Gutenberg™ works calculated using the
method you already use to calculate your applicable taxes. The
fee is owed to the owner of the Project Gutenberg™ trademark,
but he has agreed to donate royalties under this paragraph to
the Project Gutenberg Literary Archive Foundation. Royalty
payments must be paid within 60 days following each date on
which you prepare (or are legally required to prepare) your
periodic tax returns. Royalty payments should be clearly marked
as such and sent to the Project Gutenberg Literary Archive
Foundation at the address specified in Section 4, “Information
about donations to the Project Gutenberg Literary Archive
Foundation.”

• You provide a full refund of any money paid by a user who

notifies you in writing (or by e-mail) within 30 days of receipt that
s/he does not agree to the terms of the full Project Gutenberg™
License. You must require such a user to return or destroy all
 copies of the works possessed in a physical medium and
discontinue all use of and all access to other copies of Project
Gutenberg™ works.

• You provide, in accordance with paragraph 1.F.3, a full refund of

any money paid for a work or a replacement copy, if a defect in
the electronic work is discovered and reported to you within 90
days of receipt of the work.

• You comply with all other terms of this agreement for free
distribution of Project Gutenberg™ works.

1.E.9. If you wish to charge a fee or distribute a Project Gutenberg™

electronic work or group of works on different terms than are set
forth in this agreement, you must obtain permission in writing from
the Project Gutenberg Literary Archive Foundation, the manager of
the Project Gutenberg™ trademark. Contact the Foundation as set
forth in Section 3 below.

1.F.

1.F.1. Project Gutenberg volunteers and employees expend

considerable effort to identify, do copyright research on, transcribe
and proofread works not protected by U.S. copyright law in creating
the Project Gutenberg™ collection. Despite these efforts, Project
Gutenberg™ electronic works, and the medium on which they may
be stored, may contain “Defects,” such as, but not limited to,
incomplete, inaccurate or corrupt data, transcription errors, a
copyright or other intellectual property infringement, a defective or
damaged disk or other medium, a computer virus, or computer
codes that damage or cannot be read by your equipment.

1.F.2. LIMITED WARRANTY, DISCLAIMER OF DAMAGES - Except

for the “Right of Replacement or Refund” described in paragraph
1.F.3, the Project Gutenberg Literary Archive Foundation, the owner
of the Project Gutenberg™ trademark, and any other party
distributing a Project Gutenberg™ electronic work under this
agreement, disclaim all liability to you for damages, costs and
expenses, including legal fees. YOU AGREE THAT YOU HAVE NO
REMEDIES FOR NEGLIGENCE, STRICT LIABILITY, BREACH OF
WARRANTY OR BREACH OF CONTRACT EXCEPT THOSE
PROVIDED IN PARAGRAPH 1.F.3. YOU AGREE THAT THE
FOUNDATION, THE TRADEMARK OWNER, AND ANY
DISTRIBUTOR UNDER THIS AGREEMENT WILL NOT BE LIABLE
TO YOU FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL,
PUNITIVE OR INCIDENTAL DAMAGES EVEN IF YOU GIVE
NOTICE OF THE POSSIBILITY OF SUCH DAMAGE.

1.F.3. LIMITED RIGHT OF REPLACEMENT OR REFUND - If you

discover a defect in this electronic work within 90 days of receiving it,
you can receive a refund of the money (if any) you paid for it by
sending a written explanation to the person you received the work
from. If you received the work on a physical medium, you must
return the medium with your written explanation. The person or entity
that provided you with the defective work may elect to provide a
replacement copy in lieu of a refund. If you received the work
electronically, the person or entity providing it to you may choose to
give you a second opportunity to receive the work electronically in
lieu of a refund. If the second copy is also defective, you may
demand a refund in writing without further opportunities to fix the
problem.

1.F.4. Except for the limited right of replacement or refund set forth in
paragraph 1.F.3, this work is provided to you ‘AS-IS’, WITH NO
OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR ANY PURPOSE.

1.F.5. Some states do not allow disclaimers of certain implied

warranties or the exclusion or limitation of certain types of damages.
If any disclaimer or limitation set forth in this agreement violates the
law of the state applicable to this agreement, the agreement shall be
interpreted to make the maximum disclaimer or limitation permitted
by the applicable state law. The invalidity or unenforceability of any
provision of this agreement shall not void the remaining provisions.
1.F.6. INDEMNITY - You agree to indemnify and hold the
Foundation, the trademark owner, any agent or employee of the
Foundation, anyone providing copies of Project Gutenberg™
electronic works in accordance with this agreement, and any
volunteers associated with the production, promotion and distribution
of Project Gutenberg™ electronic works, harmless from all liability,
costs and expenses, including legal fees, that arise directly or
indirectly from any of the following which you do or cause to occur:
(a) distribution of this or any Project Gutenberg™ work, (b)
alteration, modification, or additions or deletions to any Project
Gutenberg™ work, and (c) any Defect you cause.

Section 2. Information about the Mission of

Project Gutenberg™
Project Gutenberg™ is synonymous with the free distribution of
electronic works in formats readable by the widest variety of
computers including obsolete, old, middle-aged and new computers.
It exists because of the efforts of hundreds of volunteers and
donations from people in all walks of life.

Volunteers and financial support to provide volunteers with the

assistance they need are critical to reaching Project Gutenberg™’s
goals and ensuring that the Project Gutenberg™ collection will
remain freely available for generations to come. In 2001, the Project
Gutenberg Literary Archive Foundation was created to provide a
secure and permanent future for Project Gutenberg™ and future
generations. To learn more about the Project Gutenberg Literary
Archive Foundation and how your efforts and donations can help,
see Sections 3 and 4 and the Foundation information page at
www.gutenberg.org.

Section 3. Information about the Project

Gutenberg Literary Archive Foundation
The Project Gutenberg Literary Archive Foundation is a non-profit
501(c)(3) educational corporation organized under the laws of the
state of Mississippi and granted tax exempt status by the Internal
Revenue Service. The Foundation’s EIN or federal tax identification
number is 64-6221541. Contributions to the Project Gutenberg
Literary Archive Foundation are tax deductible to the full extent
permitted by U.S. federal laws and your state’s laws.

The Foundation’s business office is located at 809 North 1500 West,

Salt Lake City, UT 84116, (801) 596-1887. Email contact links and up
to date contact information can be found at the Foundation’s website
and official page at www.gutenberg.org/contact

Section 4. Information about Donations to

the Project Gutenberg Literary Archive
Foundation
Project Gutenberg™ depends upon and cannot survive without
widespread public support and donations to carry out its mission of
increasing the number of public domain and licensed works that can
be freely distributed in machine-readable form accessible by the
widest array of equipment including outdated equipment. Many small
donations ($1 to $5,000) are particularly important to maintaining tax
exempt status with the IRS.

The Foundation is committed to complying with the laws regulating

charities and charitable donations in all 50 states of the United
States. Compliance requirements are not uniform and it takes a
considerable effort, much paperwork and many fees to meet and
keep up with these requirements. We do not solicit donations in
locations where we have not received written confirmation of
compliance. To SEND DONATIONS or determine the status of
compliance for any particular state visit www.gutenberg.org/donate.

While we cannot and do not solicit contributions from states where

we have not met the solicitation requirements, we know of no
prohibition against accepting unsolicited donations from donors in
such states who approach us with offers to donate.

International donations are gratefully accepted, but we cannot make

any statements concerning tax treatment of donations received from
outside the United States. U.S. laws alone swamp our small staff.

Please check the Project Gutenberg web pages for current donation
methods and addresses. Donations are accepted in a number of
other ways including checks, online payments and credit card
donations. To donate, please visit: www.gutenberg.org/donate.

Section 5. General Information About Project

Gutenberg™ electronic works
Professor Michael S. Hart was the originator of the Project
Gutenberg™ concept of a library of electronic works that could be
freely shared with anyone. For forty years, he produced and
distributed Project Gutenberg™ eBooks with only a loose network of
volunteer support.

Project Gutenberg™ eBooks are often created from several printed

editions, all of which are confirmed as not protected by copyright in
the U.S. unless a copyright notice is included. Thus, we do not
necessarily keep eBooks in compliance with any particular paper
edition.

Most people start at our website which has the main PG search
facility: www.gutenberg.org.

This website includes information about Project Gutenberg™,

including how to make donations to the Project Gutenberg Literary
Archive Foundation, how to help produce our new eBooks, and how
to subscribe to our email newsletter to hear about new eBooks.