case law

[antonin]

Hello.

1. Could you please tell me where I might locate the following document?: In Re Barnes, 264 B.R. 415 (Bkrtcy Mich 2001)

2.What do the letters "264" and "415" refer to?

3. What does "In Re" mean?

4. When one is trying to discredit case law, is the best approach to try and demonstrate the case law is not comparable to the present case (the facts and circumstances are not the same and to try and locae newer case law that contradicts the case law being presented?

5. Is newer usually better in case law as long as the circumstances/facts are similar?

Thank you.

[jilly]

265 is the volume, 415 is the page number the case can be found
In Re means "in the matter of" or "in the case of"
When trying to discredit case law you need to be able to demonstrate why the court should come up with a different finding of fact in your case even though the facts and/or circumstances are the same or may be similar. You basically have to convince the court that they made bad law in the prior case and that by ruling favorably in your case they can correct their bad law.
You should find other cases that are similar but which ended in a different result and would support your argument that the current case law should have been based on these other rulings and, therefore, your case should be decided on the newer, more favorable case law. (Does that make sense?!)
You should find the most recent cases that you can to support your argument.
Also,  you will need to be sure to shepardize any cases you use.  This is a way to see if the cases you want to use have been appealed and overturned or if there is a similar case that had a ruling that would not be favorable to your argument. You've got to know the good as well as the bad in order to show the court the pros and cons.

[antonin]

Very useful. Thanks.