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Author: Ben L. Fernandez Publisher: Ben L. Fernandez ISBN: Category : Law Languages : en Pages : 171
Book Description
Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice contains a brief discussion of all of the topics covered in a law school courses on legal writing, including a typical first semester course on legal research, analysis and writing an objective memorandum, as well as a second semester course on persuasion and writing an appellate brief, motion to dismiss or motion for summary judgment. The discussion focuses on the basics of analogical reasoning and persuasion and leaves out the minutiae. Each topic is taken one step at a time, with each step building on the step before it. The sources of law are presented first, then legal research, and reading and analyzing cases and statutes. The book covers analogizing a case to a fact pattern and marshaling the relevant facts to the elements of a statutory rule next. And then first section of the book concludes with legal citation, CRAC and CREAC, and writing a legal research memorandum. The text also includes a lot of samples and examples of how the author would write a case brief, a legal memoranda and an appellate brief, as well as an appendix with charts, outlines and exercises students can use to practice these skills. Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice covers all the skills students need to know to work at a law firm, and everything students have to learn to begin practicing in litigation department of a firm. 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.
Author: Ben L. Fernandez Publisher: Ben L. Fernandez ISBN: Category : Law Languages : en Pages : 171
Book Description
Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice contains a brief discussion of all of the topics covered in a law school courses on legal writing, including a typical first semester course on legal research, analysis and writing an objective memorandum, as well as a second semester course on persuasion and writing an appellate brief, motion to dismiss or motion for summary judgment. The discussion focuses on the basics of analogical reasoning and persuasion and leaves out the minutiae. Each topic is taken one step at a time, with each step building on the step before it. The sources of law are presented first, then legal research, and reading and analyzing cases and statutes. The book covers analogizing a case to a fact pattern and marshaling the relevant facts to the elements of a statutory rule next. And then first section of the book concludes with legal citation, CRAC and CREAC, and writing a legal research memorandum. The text also includes a lot of samples and examples of how the author would write a case brief, a legal memoranda and an appellate brief, as well as an appendix with charts, outlines and exercises students can use to practice these skills. Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice covers all the skills students need to know to work at a law firm, and everything students have to learn to begin practicing in litigation department of a firm. 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.
Author: Teresa J. Reid Rambo Publisher: ISBN: 9781594608599 Category : Law Languages : en Pages : 0
Book Description
The second edition of Legal Writing by Design remains unique in demonstrating how to transform thoughts into writing by explaining the link between thinking and writing. It doesn't just tell the reader to "argue by analogy" or to "apply the rule" -- it explains the design of the thinking involved in those processes and shows how to transform that design into writing. Through easily understandable hypotheticals, outlines, graphics, exercises, and writing samples, many garnered during the authors' combined forty-plus years of teaching legal writing and appellate advocacy to law students, Legal Writing by Design comprehensively demonstrates how to transform ideas into exceptional writing. It demystifies the writing process by explaining the design of (1) deductive and inductive reasoning, (2) analogical thinking, and (3) relevancy. Once that design is understood, writing becomes easy. Writing with liberal doses of humor, the authors provide clearly readable charts, examples, and templates throughout this second edition. All chapters include a chapter review, and many also provide writing prompts. In addition to chapters explaining the fundamentals of writing legal memos and briefs, Legal Writing by Design contains sections on (1) clear and effective writing; (2) the appellate process, including an easily understandable explanation of standards of review; (3) oral argument techniques and practice; (4) the writing and editing process; (5) case briefing; and (6) professionalism in the practice of law. Exercises corresponding to the principles explained are included throughout most chapters, with answers provided in a separate Teacher's Manual. Successfully used for over ten years by thousands of law school students, Legal Writing by Design is the perfect tool for anyone -- attorneys, legal assistants, pro se litigants, undergraduate students, or the public -- who seeks the ideal way to analyze issues, to write clearly, and to write persuasively.
Author: Bryan A. Garner Publisher: University of Chicago Press ISBN: 022603139X Category : Law Languages : en Pages : 285
Book Description
“This easy-to-follow guide is useful both as a general course of instruction and as a targeted aid in solving particular legal writing problems.” —Harvard Law Review Clear, concise, down-to-earth, and powerful—all too often, legal writing embodies none of these qualities. Its reputation for obscurity and needless legalese is widespread. For more than twenty years, Bryan A. Garner’s Legal Writing in Plain English has helped address this problem by providing lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this indispensable volume encourages legal writers to challenge conventions and offers valuable insights into the writing process that will appeal to other professionals: how to organize ideas, create and refine prose, and improve editing skills. Accessible and witty, Legal Writing in Plain English draws on real-life writing samples that Garner has gathered through decades of teaching. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting, and the book’s principles are reinforced by sets of basic, intermediate, and advanced exercises in each section. In this new edition, Garner preserves the successful structure of the original while adjusting the content to make it even more classroom-friendly. He includes case examples from the past decade and addresses the widespread use of legal documents in electronic formats. His book remains the standard guide for producing the jargon-free language that clients demand and courts reward. “Those who are willing to approach the book systematically and to complete the exercises will see dramatic improvements in their writing.” —Law Library Journal
Author: Charles R. Calleros Publisher: Aspen Publishing ISBN: 9781454897156 Category : Law Languages : en Pages : 0
Book Description
An ideal text for a second semester legal writing or advanced writing course, the Legal Method and Writing II, Eighth Edition immerses students in the world of appellate briefs, pleadings, motions, contracts, and professional correspondence. This revision expands coverage of motions to dismiss, while maintaining in-depth coverage of complaints, answers, motions for summary judgment, and motions in limine to exclude evidence. Numerous illustrations, sample documents, and exercises address issues ranging from enforcement of marriage contracts to sexual harassment in the workplace. Key Features: Introductory chapters on fundamentals of written advocacy, including ethical concerns, strategic considerations, organization, writing style, issue statements, point headings, and effective presentation of rules and fact analysis In-depth discussion of trial briefs: pleadings, motion to dismiss, motion for summary judgment, judgment, and motion in limine to exclude evidence, with numerous illustrations and sample documents Comprehensive discussion of appellate briefs and appellate standards of review, with sample briefs and special attention to policy arguments Introduction to contract drafting The addition of “soft skills” (e.g. rapport building) Chapters on advice and demand letters Examples and illustrations throughout the text Numerous exercises and assignments in the main text and in the appendices
Author: Alexa Z. Chew Publisher: ISBN: 9781611638127 Category : Law Languages : en Pages : 0
Book Description
Please note: The second edition of The Complete Legal Writer will be out in August. The Complete Legal Writer lives up to its name, providing everything legal research and writing professors and students need in a textbook, including citation literacy, research skills, writing process, a wide range of legal documents, and more. Using the cutting-edge Genre Discovery Approach, this book teaches students to guide themselves through the process of writing unfamiliar legal document types and thereby prepares students to write independently in upper-level classes and the workplace. To aid in teaching Genre Discovery, the authors provide three exacting samples of each document type covered in the book, a rhetorical analysis of each document type, and specific questions to guide students as they study the samples. The Complete Legal Writer covers document types that are traditionally taught in the first year, such as office memos and appellate briefs, as well as document types taught in upper-level and non-traditional first-year curricula, including trial briefs, demand letters, and employer blog posts. Furthermore, this book covers an essential skill for all legal writing classes: giving and receiving feedback. In addition to explaining how to give feedback to and receive feedback from peers, an important skill given the rise of peer-feedback practices in the LRW classroom, The Complete Legal Writer also covers how to receive and implement feedback from professors and workplace supervisors in order to improve both a particular document and future documents. "The Complete Legal Writer lives up to its name: it presents a comprehensive, fresh, and intuitive approach to teaching legal writing that invites students to confidently and enthusiastically cross the divide between their prior writing experiences and the world of legal writing. By giving students the tools they need to critically examine the documents that lawyers write, the authors'' genre-discovery approach empowers students to meet (and exceed) the expectations of their new reading audience, even when they are faced with the challenge of writing a document they may not have seen before. With the text''s warm tone, humorous touches, and vivid examples, the authors have hit a homerun that will engage faculty and students alike while arming students with skills they will use throughout their professional lives." -- Ruth Ann McKinney, Emerita Professor of Law, University of North Carolina School of Law "This uniquely reader-centered text indeed empowers students to grow into complete legal writers. The authors gently yet firmly guide students through "genre discovery": careful study of sample legal documents, by which students construct for themselves the conceptual frameworks that writers of such documents need. Students thus till the soil, plant seeds of understanding, and harvest their own insights--and thereby enjoy "ground-up" rather than "top-down" learning that is refreshingly autonomous and remarkably effective." -- Craig T. Smith, Assistant Dean for the Writing and Learning Resources Center and Clinical Professor of Law, University of North Carolina School of Law "The Complete Legal Writer promises much and delivers more. The text covers fundamental concepts including legal logic and analysis, research methodology, the writing process, and citation literacy. The overall tone is refreshingly readable and will undoubtedly resonate with students. What sets the text apart is not the wide variety of sample legal documents offered, but its potential to equip students with a method of evaluating all documents/genres using an approach that will prepare them to write and ultimately to practice more effectively. The rhetorical legal genre approach is quite a discovery, and no law library collection would be complete without this book." --Marie Summerlin Hamm, Law Library Journal
Author: Henry Weihofen Publisher: West Academic Publishing ISBN: Category : Law Languages : en Pages : 348
Book Description
Topics in this law school text include a section on writing law school and bar examinations, amplified material on sentence structure and organization, and drafting principles. The book is equally suited for use in courses that concentrate on brief-writing, emphasize formal legal documents, or concentrate on the writing of memoranda or papers similar to law review comments. Also includes chapters on forcefulness, arranging words for emphasis, Opinions, and The Jurisdictional statement.
Author: Wayne Schiess Publisher: ISBN: 9781611633917 Category : Legal composition Languages : en Pages : 0
Book Description
First published in 2003, Writing for the Legal Audience guides lawyers, paralegals, and law students through sensible, practical advice for writing to a dozen legal audiences, from supervisors to appellate judges and from clients to opposing counsel. Each chapter focuses on a different audience for legal writing and presents three concrete recommendations for satisfying that audience. The recommendations are amply supported with explanations, references to the leading experts, and numerous before-and-after examples. The second edition is thoroughly revised, with new tips, new examples, and up-to-date advice for producing clear, readable, effective legal writing. In addition, Schiess has added a new chapter, "Writing for the Screen Reader," that offers advice for preparing legal documents aimed at readers who will encounter the text electronically on a computer, tablet, or handheld device.
Author: Neil Guthrie Publisher: Irwin Law ISBN: 9781552215692 Category : Languages : en Pages :
Book Description
Guthrie's Guide to Better Legal Writing focuses on communicating more effectively in e-mail, letters, memos, blog posts, client updates, and social media, with some pointers on contractual drafting and written advocacy. The second edition incorporates significant new material based on reader queries.
Author: Alan L. Dworsky Publisher: Fred B. Rothman ISBN: 9780837705606 Category : Law Languages : en Pages : 0
Book Description
This is an invaluable tool for students to use in conjunction with the main text. The book is geared toward the kind of writing done by first-year law students in a standard legal writing course: memorandums and briefs. The book offers the legal writer a concise, easy to understand, insider's introduction to the world of legal writing.
Author: Ben L. Fernandez
Author: Ben L. Fernandez
Author: Teresa J. Reid Rambo
Author: Bryan A. Garner
Author: Charles R. Calleros
Author: Alexa Z. Chew
Author: Henry Weihofen
Author: Wayne Schiess
Author: Neil Guthrie
Author: Alan L. Dworsky
Author: Karen Lundquist (Law professor)