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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, Retired; Catherine J. Wasson, Elon University School of Law.
  
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• Author/Creator:Dernbach, John C., 1953- author.
  
• Other Contributors/Collections:Singleton, Richard V., 1949- author.
  Wharton, Cathleen S., author.
  Wasson, Catherine J., author.
  
• Published/Created:New York : Wolters Kluwer, [2021]
  

• Holdings

  Holdings Record Display

  • Location: c.1  Temporarily shelved at LAW LIBRARY reference room (level 2)Where is this?
    
  • Call Number: KF250 .P72 2021
    
  • Number of Items:1
    
  • Status:Available
    

   
• Library of Congress Subjects:Legal composition.
  Law--United States--Methodology.
  Law--United States--Language.
  
• Edition:Seventh edition.
  
• Description:xxv, 550 pages ; 26 cm
  
• Series:Aspen coursebook series.
  
• Summary:"A law school textbook for courses on legal writing and legal analysis"-- Provided by publisher.
  
• Notes:Includes bibliographical references and index.
  
• ISBN:9781543825237 paperback
  1543825230 paperback
  9781543825244 electronic publication
  
• Contents:Machine generated contents note: pt. A Introduction to Law
  1. Rules and Policies
  A. Legal Rules
  B. Law and Policy
  Exercise 1-A
  Exercise 1-B
  2. Sources of Law
  A. Hierarchy of Laws
  B. Hierarchy of Jurisdictions
  C. Hierarchy and Jurisdiction of Courts
  D. Source Material for Researching the Law
  1. Primary Authority
  2. Secondary Authority
  Exercise 2-A
  Exercise 2-B
  3. Case Analysis and Case Briefs
  A. Read the opinion carefully
  1. Identify the holding
  2. Identify the issue
  3. Identify the rule
  4. Identify the facts
  5. Identify the disposition of the case
  6. Identify the reasons and policies
  B. Check for congruency
  C. 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. Reading and Understanding Statutes
  A. Read the statute carefully
  B. Identify the purpose of the statute
  C. Identify the scope of the statute
  D. Understand how terms are denned
  E. Identify the requirements of the statute
  F. Identify any exceptions
  Exercise 5-A
  Exercise 5-B
  pt. B Basic Concepts of Legal Method
  6. Understanding Legal Rules
  A. How Rules Are Constructed
  1. Elements of a Rule
  2. Result and Its Relationship to the Elements
  3. Exceptions in a Rule
  4. Sub-elements
  B. Developing a Rule from Multiple Sources: Synthesis
  Exercise 6-A
  Exercise 6-B
  Exercise 6-C
  Exercise 6-D
  7. Identifying and Selecting Issues for Analysis
  A. Focus only on questions within the scope of the problem
  B. Identify all relevant questions
  C. Exclude "givens" from detailed discussion
  D. Separate issues and sub-issues
  Exercise 7-A
  Exercise 7-B
  Exercise 7-C
  8. Common Law Analysis
  A. Analyze the facts of the decided cases
  1. Determine how they support an outcome in one side's favor
  2. Determine how they support an outcome in the other side's favor
  B. Analyze the reasons and policies of the decided cases
  1. Determine how they support an outcome in one side's favor
  2. Determine how they support an outcome in the other side's favor
  C. Use your analysis to draw a conclusion about the likely outcome
  Exercise 8-A
  Exercise 8-B
  Exercise 8-C
  9. Statutory Analysis
  A. Analyze the language of the statute and any cases interpreting the statute
  1. Determine how they support one side's position
  2. Determine how they support the other side's position
  B. Analyze the reasons and policies of the decided cases
  1. Determine how they support one side's position
  2. Determine how they support the other side's position
  C. Use your analysis to draw a conclusion about the likely outcome
  Exercise 9-A
  Exercise 9-B
  Exercise 9-C
  Exercise 9-D
  Exercise 9-E
  10. Reaching a Conclusion
  A. position is stronger to the extent that it involves little or no extension of existing law
  B. position is stronger to the extent that it furthers the policies or purposes of the law
  C. 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 10-A
  Exercise 10-B
  Exercise 10-C
  pt. C Basic Concepts of Legal Writing
  11. Organization
  A. Address "givens" at the outset of your analysis
  B. Discuss each issue separately
  C. Discuss each sub-issue separately
  D. For each issue or sub-issue, describe the applicable law before applying it to the factual situation
  E. State the reasons supporting your conclusion on an issue or sub-issue before discussing counterarguments
  F. When there is more than one issue, discuss the issues in a logical order
  Exercise 11-A
  Exercise 11-B
  Exercise 11-C
  12. Describing the Law
  A. Be accurate
  B. Describe only the relevant law
  C. Describe the law in enough detail to enable your reader to understand the discussion
  D. Summarize the law whenever appropriate
  E. Synthesize the law whenever necessary
  Exercise 12-A
  Exercise 12-B
  Exercise 12-C
  Exercise 12-D
  13. Applying the Law
  A. Be precise
  B. Show every step in your analysis
  C. Describe every reasonable basis for your conclusion
  D. Explain the context
  Exercise 13-A
  Exercise 13-B
  Exercise 13-C
  Exercise 13-D
  14. Drafting the Analysis
  A. Purpose
  B. Process
  C. Audience
  D. Drafting the Analysis
  1. For each issue, state your conclusion and set up your analysis 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 support for the contrary conclusion on each sub-issue and state why it is unpersuasive
  6. Describe how the law supports the contrary conclusion for each sub-issue
  7. Explain why the potential support for the contrary conclusion does not change your conclusion for each sub-issue
  8. Include signposts to lead the reader from one point to the next
  Exercise 14-A
  Exercise 14-B
  Exercise 14-C
  Exercise 14-D
  Exercise 14-E
  15. Revising and Editing
  A. Revising Your Draft
  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 effectively to show the relationship between ideas
  B. Editing
  1. Be direct and precise
  a. EUminate extraneous facts
  b. Edit intrusive or misplaced words and phrases
  c. Use verbs whenever possible to make your writing forceful
  2. Blend precision with simplicity
  a. Scrutinize sentences beginning with "there" or "it"
  b. Be concise
  3. Use correct grammar, punctuation, and spelling
  Exercise 15-A
  Exercise 15-B
  Exercise 15-C
  Exercise 15-D
  pt. D Office Memoranda and the Opinion Letter
  16. Objective Writing
  A. Principles of 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
  B. Special Considerations for Email Communication
  1. Be professional
  2. Take your time
  3. Proofread before sending
  4. Honor the need for client confidentiality
  Exercise 16-A
  Exercise 16-B
  Exercise 16-C
  Exercise 16-D
  17. Elements of a Summary-of-the-Law Memorandum
  A. Work Requested or Question Presented
  B. Brief Answer
  C. Summary of the Relevant Law
  1. State the relevant legal rule or rules at the outset of your summary
  2. State the element (s) or sub-issue (s) relevant to the question
  3. Explain the law relevant to each element or sub-issue
  4. Conclude by summarizing the key points of the law or explaining how the law answers the question
  Exercise 17-A
  Exercise 17-B
  Exercise 17-C
  18. Elements of an Analytical Legal Memorandum
  A. Heading
  B. Questions Presented
  1. Be understandable
  2. Be objective
  C. Brief Answer(s) (optional)
  D. Statement of Facts
  1. Identify the legally significant facts
  2. Identify key background facts
  3. Organize the facts intelligibly
  4. Describe the facts accurately and objectively
  E. Discussion
  F. Conclusion
  Exercise 18-A
  Exercise 18-B
  Exercise 18-C
  Exercise 18-D
  Exercise 18-E
  19. Opinion Letters
  A. Begin by addressing your client's question or concern
  B. Summarize the facts upon which your opinion is based
  C. Explain the law and its application
  D. Be objective
  E. Adopt a style and tone appropriate for your reader
  Exercise 19-A
  Exercise 19-B
  pt. E Briefs and Oral Argument
  20. Elements of a Brief
  A. Caption or Title Page
  B. Table of Contents
  C. Table of Authorities Cited
  D. Opinions Below
  E. Jurisdiction
  F. Constitutional Provisions, Statutes, Regulations, and Rules Involved
  G. Standard of Review
  H. Introduction
  I. Questions Presented
  J. Statement of Facts
  1. Describe the facts from your client's perspective
  2. Vividly describe favorable emotional facts and neutralize your opponent's emotional facts
  3. Organize your statement to emphasize favourable facts and de-emphasize unfavorable facts
  K. Summary of Argument
  L. Argument
  M. Conclusion
  N. Appendices
  Exercise 20-A
  Exercise 20-B
  21. Structure of an Argument
  A. Present your strongest issues, sub-issues, and arguments first
  B. When issues are of equal strength, present the most significant issues first
  C. Present your client's position on each issue or sub-issue before answering counterarguments
  D. Use 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 21-A
  Exercise 21-B
  Exercise 21-C
  22. Persuasive Writing Techniques
  A. Be professional and honest
  1. Maintain a professional tone and manner
  Contents note continued: 2. Be honest about the law and the facts
  B. Fully argue your client's position
  1. Emphasize helpful facts and de-emphasize unhelpful facts
  2. Use policy arguments to support your legal analysis
  C. Present arguments from your client's point of view
  1. Emphasize the correctness of your client's position
  2. Present the law from your client's point of view
  3. State your client's position so that it appears objective
  D. Craft sentences and choose words to persuade
  1. Write positive assertions rather than negative ones
  2. Use placement of words, phrases, and sentences to emphasize or minimize points
  3. Use short sentences for emphasis
  4. Be subtle rather than openly manipulative
  Exercise 22-A
  Exercise 22-B
  23. Write to Your Audience
  A. 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
  B. 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 23-A
  Exercise 23-B
  Exercise 23-C
  Exercise 23-D
  Exercise 23-E
  24. Preparing and Presenting an Oral Argument
  A. Preparing for Oral Argument
  1. Know your case
  2. Know your audience
  3. Plan within the court's time limit for oral argument
  B. Crafting the Substance of Your Argument
  1. Develop a theme when appropriate
  2. Select for presentation your strongest and most essential arguments
  3. Plan and practice your argument
  C. 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
  a. Courtroom etiquette
  b. Physical techniques
  c. Vocal techniques
  6. Close with confidence
  7. Use rebuttal time effectively
  Exercise 24-A
  Exercise 24-B
  Exercise 24-C
  Exercise 24-D
  Exercise 24-E
  Appendices
  Appendix A Email Responses Concerning Tyler's Possible Fraud Claim
  Appendix B Summary-of-the-Law Memos Concerning Tyler's Possible Fraud Claim
  Appendix C Analytical Memorandum Concerning Tyler's Possible Fraud Claim
  Appendix D Opinion Letter to Tyler
  Appendix E Defendant's Brief to the Trial Court
  Appendix F Plaintiff's Brief to the Trial Court
  Appendix G Trial Court's Decision
  Appendix H Appellant's Brief
  Appendix I Appellee's Brief.