Edmunds

Question 1

What is the most important part of the Edmunds decision?

Answer 1

PA Supreme Court mandated that lawyers must raise, brief, and argue four separate factors in ANY case implicating a state constitutional issue.

Question 2

What are the four Edmunds factors?

Answer 2

The text of the applicable state constitutional provision.

The history of the provision, including relevant case law.

The related case law from other states. AND

The policy considerations, including unique issues of state and local concern.

Question 3

If a lawyer fails to adhere to the Edmunds factors, will it be fatal to the litigant?

Answer 3

No, but it is strongly suggested that lawyers adhere.

Question 4

Mnemonic to remember Edmunds factors?

Answer 4

The Hierarchy Requires Precision

The Text of the applicable state constitutional provision.

The History of the provision, including relevant case law.

The Related case law from other states. AND

The Policy considerations, including unique issues of state and local concern.