Legal Writing I & II: Legal Research and Writing & Introduction to Litigation Practice
Legal Research and Writing & Introduction to Litigation Practice
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Description
Legal Writing I & II: Legal Research and Writing & Introduction to Litigation Practice covers all of the topics typically presented in a first year law school course on legal writing, including a first semester course on legal analysis and writing an objective memorandum, as well as a second semester course on persuasion and writing an appellate brief. The discussion in each chapter is brief, highlighting the basic skills needed to write objective memoranda and persuasive briefs. The focus of the book is on analogical reasoning in first section and persuasive writing techniques in the second section. Also, each topic is discussed in logical order with every chapter building on that which preceded it.
The chapters of the book are as follows:
1.Sources of Law (Local Ordinances and Bylaws, State and Federal Law: Statutes, Regulations, Cases, Executive Orders, International Treaties, Compacts, and Agreements)
2.Legal Research (Secondary Sources, Researching Statutes, Researching Cases, Paper Research v. Computer Research)
3.Briefing Cases (Facts, Issue, Rule, Holding, Reasoning)
4.Applying Cases and Analogical Reasoning (Analogizing a Case to a Fact Pattern, Distinguishing a Case from a Fact Pattern)
5.Analyzing Statutes and Marshaling Facts (Determining a Statutory Formula, Definitions, Marshaling Facts to a Statutory Rule, Comparing a Case Interpreting a Statutory Rule to a Fact Pattern)
6.Citation (How to Cite Cases, How to Cite Statutes and Regulations, Quotations, Signals, Parentheticals, Reference Materials)
7.IRAC (Issue, Rule, Application, Conclusion, Using "IREAC" when it is Necessary to Explain the Rule, Using "Ferrari Has Really Cool Race Cars" when it is Necessary to Analogize or Distinguish a Case, Synthesizing a Rule from Multiple Cases, Explaining and Applying a Rule with Multiple Cases)
8. Objective Legal Memoranda (Organization of a Research Memo, Sample Memo)
9. Other Examples of Legal writing (Client Letters, Exam Answers)
10. Improving Your Writing (Additional Tips and Resources)
11. Credibility in Persuasive Writing (the importance of writing well)
12. Bias (Implicit Bias, Microaggressions, Dealing with Bias in Others)
13. Ethical Rules for Advocacy (Competence, Diligent, Honesty and Fairness)
14. Civil and Appellate Procedure (Rules for the Form and Content of Briefs and Memos)
15. Requirements for Civil Motions and Standards of Review for Appeals
16. Persuasive Writing (Writing Persuasive Facts, Writing Persuasive Arguments)
17. Memoranda in Support of Motions (Applying the Rules of Civil Procedure to a Sample Memo)
18. Motion Session (Arguing a Motion Before a Trial Court Judge)
19. Appellate Briefs (Applying the Rules of Appellate Procedure to a Sample Brief)
20. Oral Argument (Arguing an Appeal before a Panel of Appellate Court Judges)
In addition, there are numerous examples, exercises and sample documents in the appendix.
The chapters of the book are as follows:
1.Sources of Law (Local Ordinances and Bylaws, State and Federal Law: Statutes, Regulations, Cases, Executive Orders, International Treaties, Compacts, and Agreements)
2.Legal Research (Secondary Sources, Researching Statutes, Researching Cases, Paper Research v. Computer Research)
3.Briefing Cases (Facts, Issue, Rule, Holding, Reasoning)
4.Applying Cases and Analogical Reasoning (Analogizing a Case to a Fact Pattern, Distinguishing a Case from a Fact Pattern)
5.Analyzing Statutes and Marshaling Facts (Determining a Statutory Formula, Definitions, Marshaling Facts to a Statutory Rule, Comparing a Case Interpreting a Statutory Rule to a Fact Pattern)
6.Citation (How to Cite Cases, How to Cite Statutes and Regulations, Quotations, Signals, Parentheticals, Reference Materials)
7.IRAC (Issue, Rule, Application, Conclusion, Using "IREAC" when it is Necessary to Explain the Rule, Using "Ferrari Has Really Cool Race Cars" when it is Necessary to Analogize or Distinguish a Case, Synthesizing a Rule from Multiple Cases, Explaining and Applying a Rule with Multiple Cases)
8. Objective Legal Memoranda (Organization of a Research Memo, Sample Memo)
9. Other Examples of Legal writing (Client Letters, Exam Answers)
10. Improving Your Writing (Additional Tips and Resources)
11. Credibility in Persuasive Writing (the importance of writing well)
12. Bias (Implicit Bias, Microaggressions, Dealing with Bias in Others)
13. Ethical Rules for Advocacy (Competence, Diligent, Honesty and Fairness)
14. Civil and Appellate Procedure (Rules for the Form and Content of Briefs and Memos)
15. Requirements for Civil Motions and Standards of Review for Appeals
16. Persuasive Writing (Writing Persuasive Facts, Writing Persuasive Arguments)
17. Memoranda in Support of Motions (Applying the Rules of Civil Procedure to a Sample Memo)
18. Motion Session (Arguing a Motion Before a Trial Court Judge)
19. Appellate Briefs (Applying the Rules of Appellate Procedure to a Sample Brief)
20. Oral Argument (Arguing an Appeal before a Panel of Appellate Court Judges)
In addition, there are numerous examples, exercises and sample documents in the appendix.
