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• Title:A practical guide to legal writing and legal method / John C. Dernbach, Widener University School of Law; Richard V. Singleton II, Blank Rome LLP; Cathleen S. Wharton, University of Georgia School of Law; Joan M. Ruhtenberg, Indiana University Robert H. McKinney School of Law; Catherine J. Wasson, Elon University School of Law.
  
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• Author/Creator:Dernbach, John C., 1953- author.
  
• Published/Created:New York : Wolters Kluwer Law & Business, 2013.
  

• Holdings

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  • Location: c.1  Temporarily shelved at LAW LIBRARY reference room (level 2)Where is this?
    
  • Call Number: KF250 .P72 2013
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Legal composition.
  Law--United States--Language.
  Law--United States--Methodology.
  
• Edition:Fifth edition.
  
• Description:xxv, 519 pages ; 26 cm
  
• Series:Aspen coursebook series.
  
• Notes:Includes bibliographical references (pages 505-513) and index.
  
• ISBN:9781454826996
  1454826991
  
• Contents:Machine generated contents note: 1. Rules and Policies
  Legal Rules
  Law and Policy
  Exercise 1-A
  Exercise 1-B
  2. Sources of Law
  Hierarchy of Laws
  Hierarchy of Jurisdictions
  Hierarchy and Jurisdiction of Courts
  Source Material for Researching the Law
  Primary Authority
  Secondary Authority
  Exercise 2-A
  Exercise 2-B
  3. Case Analysis and Case Briefs
  1. Read the opinion carefully.
  2. Identify the holding.
  3. Identify the issue.
  4. Identify the rule.
  5. Identify the facts.
  6. Identify the disposition of the case.
  7. Identify the reasons and policies.
  8. Check for congruency.
  9. In multiple-issue cases, analyze each issue separately.
  Exercise 3-A
  Exercise 3-B
  Exercise 3-C
  4. Precedent and Stare Decisis
  Exercise 4-A
  Exercise 4-B
  Exercise 4-C
  Exercise 4-D
  5. Understanding Legal Rules
  How Rules Are Constructed
  Elements of a Rule
  Result and Its Relationship to the Elements
  Exceptions in a Rule
  Sub-Elements
  Developing a Rule from Multiple Sources: Synthesis
  Exercise 5-A
  Exercise 5-B
  Exercise 5-C
  Exercise 5-D
  6. Identifying and Selecting Issues for Analysis
  1. Focus only on questions within the scope of the problem.
  2. Identify all relevant questions.
  3. Exclude "givens" from detailed discussion.
  4. Separate issues and sub-issues.
  Exercise 6-A
  Exercise 6-B
  Exercise 6-C
  7. Common Law Analysis
  1. Determine how the facts of the decided cases support your client's position.
  2. Determine how the facts of the decided cases support your opponent's position.
  3. Determine how the reasons and policies of the decided cases support your client's position.
  4. Determine how the reasons and policies of the decided cases support your opponent's position.
  5. Evaluate the strength of your client's case.
  Exercise 7-A
  Exercise 7-B
  Exercise 7-C
  8. Statutory Analysis
  1. Determine how the language of the statute, and the facts of any cases interpreting the statute, support your client's position.
  2. Determine how the language of the statute, and the facts of any cases interpreting the statute, support your opponent's position.
  3. Determine how the policies of the statute, and the policies of any cases interpreting the statute, support your client's position.
  4. Determine how the policies of the statute, and the policies of any cases interpreting the statute, support your opponent's position.
  5. Evaluate the strength of your client's position.
  Exercise 8-A
  Exercise 8-B
  Exercise 8-C
  Exercise 8-D
  Exercise 8-E
  9. Reaching a Conclusion
  1. position is stronger to the extent that it involves little or no extension of existing law.
  2. position is stronger to the extent that it furthers the policies or purposes of the law.
  3. When the law does not require a particular result, a position is stronger to the extent that it involves a fair or just outcome for the parties.
  Exercise 9-A
  Exercise 9-B
  Exercise 9-C
  10. Organization
  1. Address "givens" at the outset of your analysis.
  2. Discuss each issue separately.
  3. Discuss each sub-issue separately.
  4. For each issue or sub-issue, describe the applicable law before applying it to the factual situation.
  5. State 'the reasons supporting your conclusion on an issue or sub-issue before discussing counterarguments.
  6. When there is more than one issue, discuss the issues in a logical order.
  Exercise 10-A
  Exercise 10-B
  Exercise 10-C
  11. Describing the Law
  1. Be accurate.
  2. Describe only the relevant law.
  3. Describe the law in enough detail to enable your reader to understand the discussion.
  4. Summarize the law whenever appropriate.
  5. Synthesize the law whenever necessary.
  Exercise 11-A
  Exercise 11-B
  Exercise 11-C
  Exercise 11-D
  12. Applying the Law
  1. Be precise.
  2. Show every step in your analysis.
  3. Describe every reasonable basis for your conclusion.
  4. Explain the context.
  Exercise 12-A
  Exercise 12-B
  Exercise 12-C
  Exercise 12-D
  13. Signposting
  1. Use thesis statements to set out your conclusion for each issue and sub-issue.
  2. Use paragraphs to divide the discussion into manageable parts.
  3. Use a topic sentence to define the purpose of a paragraph.
  4. Use transitions to show the relationship between ideas.
  Exercise 13-A
  Exercise 13-B
  14. Drafting the Analysis
  Purpose
  Process
  Audience
  1. For each issue, state your conclusion and set up your discussion of the issue in an introduction.
  2. For each sub-issue, state your conclusion in terms of the rule and the relevant facts.
  3. Describe the law relevant to your conclusion for each sub-issue.
  4. Explain why the law supports your conclusion for each sub-issue.
  5. Describe any reasonable counterargument for each sub-issue and state why it is unpersuasive.
  6. Describe how the law supports the counterargument for each sub-issue.
  7. Explain why the counterargument does not change your conclusion for each sub-issue.
  8. Edit the discussion to include signposts.
  Exercise 14-A
  Exercise 14-B
  Exercise 14-C
  Exercise 14-D
  Exercise 14-E
  15. Revising and Editing
  1. Be direct and precise.
  2. Blend precision with simplicity.
  3. Use verbs whenever possible to make your writing forceful.
  4. Be concise.
  5. Edit intrusive or misplaced words and phrases.
  6. User correct grammar, punctuation, and spelling.
  Exercise 15-A
  Exercise 15-B
  16. Elements of an Office Memorandum
  1. Heading
  2. Questions Presented
  3. Brief Answer (s) (optional)
  4. Statement of Facts
  5. Discussion
  6. Conclusion
  Special Considerations for Electronic Communication
  17. Objective Writing
  1. Think like a judge.
  2. State your conclusion on each issue or sub-issue objectively and candidly.
  3. Describe the law objectively.
  4. Explain the analysis objectively.
  Exercise 17-A
  Exercise 17-B
  Exercise 17-C
  Exercise 17-D
  18. Statement of Facts for a Memorandum
  1. Identify the legally significant facts.
  2. Identify key background facts.
  3. Organize the facts intelligibly.
  4. Describe the facts accurately and objectively.
  Exercise 18-A
  Exercise 18-B
  19. Questions Presented
  1. Be understandable.
  2. Be objective.
  Exercise 19-A
  Exercise 19-B
  20. Opinion Letters
  1. Begin by addressing your client's question or concern.
  2. Summarize the facts upon which your opinion is based.
  3. Explain the law and its application.
  4. Be objective.
  5. Adopt a style and tone appropriate for your reader.
  6. Special considerations for e-mail correspondence.
  Exercise 20-A
  Exercise 20-B
  21. Elements of a Brief
  1. Caption or Title Page
  2. Table of Contents
  3. Table of Authorities Cited
  4. Opinions Below
  5. Jurisdiction
  6. Constitutional Provisions, Statutes, Regulations, and Rules Involved
  7. Standard of Review
  8. Introduction
  9. Questions Presented
  10. Statement of Facts
  11. Summary of Argument
  12. Argument
  13. Conclusion
  14. Appendices
  22. Structure of an Argument
  1. Present your strongest issues, sub-issues, and arguments first.
  2. When issues are of equal strength, present the most significant issues first.
  3. Present your client's position on each issue or sub-issue before answering counterarguments.
  Exercise 22-A
  Exercise 22-B
  23. Persuasive Writing
  1. Be professional and honest.
  2. Fully argue your client's position.
  3. Present arguments from your client's point of view.
  4. Craft sentences and choose words to persuade.
  Exercise 23-A
  Exercise 23-B
  24. Point Headings
  1. State your legal conclusions and the basic reasons for these conclusions.
  2. Structure point headings to be both specific and readable.
  3. Place headings at logical points in your brief.
  Exercise 24-A
  Exercise 24-B
  25. Statement of Facts for a Brief
  1. Describe the facts from your client's point of view.
  2. Vividly describe favorable emotional facts and neutralize your opponent's emotional facts.
  3. Organize your statement to emphasize favorable facts and de-emphasize unfavorable facts.
  Exercise 25-A
  Exercise 25-B
  Exercise 25-C
  26. Briefs to a Trial Court
  1. Focus more on the applicability of legal rules than on policy.
  2. Emphasize that fairness requires a decision in your client's favor.
  3. Be brief.
  4. Write for the court.
  Exercise 26-A
  Exercise 26-B
  Exercise 26-C
  27. Briefs to an Appellate Court
  1. Focus on the claimed errors of the lower court.
  2. Base your argument on the appropriate standard of review.
  3. Emphasize that a decision in your client's favor would further the policies underlying the law.
  4. Explain how a decision in your client's favor would foster harmony or consistency in the law.
  Exercise 27-A
  Exercise 27-B
  28. Preparing and Presenting an Oral Argument
  Preparing for oral argument
  1. Know your case.
  2. Know your audience.
  3. Plan within the court's time limit for oral argument.
  4. Develop a theme when appropriate.
  5. Select for presentation your strongest and most essential arguments.
  6. Plan and practice your argument.
  Contents note continued: Presenting an oral argument
  1. Begin with a strong opening.
  2. Make your basic arguments as simple and direct as the material allows.
  3. Make effective use of questions.
  4. Manage your time.
  5. Present your argument in a professional manner.
  6. Close with confidence.
  7. Use rebuttal time effectively.
  Exercise 28-A
  Exercise 28-B
  Exercise 28-C
  Exercise 28-D
  Exercise 28-E
  Appendix A Memorandum Concerning Tyler's Possible Fraud Claim
  Appendix B Opinion Letter to Tyler
  Appendix C Defendant's Brief to the Trial Court
  Appendix D Plaintiff's Brief to the Trial Court
  Appendix E Trial Court's Decision
  Appendix F Appellant's Brief
  Appendix G Appellee's Brief
  Appendix H Selected Books on Style and Grammar.