Legal Essays: A Checklist
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Legal Writing I & II: Legal Research and Writing & Introduction to Litigation Practice
(0 reviews)
Ben Fernandez
Copyright Year: 2020
ISBN 13: 9798746520340
Publisher: Ben Fernandez
Language: English
Formats Available
Conditions of use.
Table of Contents
- Introduction
- Part I: Objective Writing
- 1. Sources of Law
- 2. Legal Research
- 3. Briefing Cases
- 4. Applying Cases and Analogical Reasoning
- 5. Analyzing Statues and Marshaling Facts
- 6. Citation
- 8. Objective Legal Memoranda
- 9. Other Examples of Legal Writing
- 10. Improving Your Writing
- Part II: Persuasive Essay
- 11. Credibility
- 13. Ethical Rules for Advocacy
- 14. Civil and Appellate Procedure
- 15. Requirements for Civil Motions and Standards for Appeals
- 16. Persuasive Writing
- 17. Memoranda in Support of MOtions
- 18. Motion Session
- 19. Appellate Briefs
- 20. Oral Argument
- Case Briefing Exercise
- Clampitt v. Spencer
- Eppler v. Tarmac
- Sample Case Briefs
- Clampitt v. Spencer Brief
- Eppler v. Tarmac Brief
- Case Analogy Exercise
- Malczewski v. Florida
- Sample Case Analogy
- IRAC Exercise
- Young v. Kirsch
- State Farm V. Mosharaf
- Southland v. Thousand Oaks
- Sample IRAC
- Legal Memorandum Exercise
- Sample Legal Memorandum
- About the Author
Ancillary Material
About the book.
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.
About the Contributors
Ben Fernandez, University of Florida Levin College of Law
Legal Method, Research and Writing
- Academic Writing in Law
- Legal Research Basics
- Law Database Guides
- Referencing in Law
- Other Research Resources for Law
Email Ettiquette
THE BASIC RULES
- Don't use an unprofessional email address
- Start with a new e-mail
- Include an appropriate subject heading
- Write a salutation
- Write well!
- Provide context and background information
- Write a clear and concise message
- Sign your name
- Proofread the e-mail
- Allow adequate time for a reply
- Writing Professional Emails More detailed advice about how to write emails to academic staff
Academic Writing and Research in Law
- UTS Guide to Writing in Law A highly recommended helpful and comprehensive guide to writing law papers.
- Monash University Guide to Writing in Law Law writing guide with helpful Q&A's and tips for planning out case argumentation.
- University of Queensland Legal Research Essentials Introduction to Legal Research by The University of Queensland, Australia
Other Help:
- Quoting, Paraphrasing, Summarising The basic differences in how to writes quotes, how to write paraphrases, and how to write summaries of the sources you find.
Basic Rules
Academic and professional legal writing requires you to develop an argument and demonstrate relationships between the ideas you are expressing.
Therefore, the ability to express yourself clearly and accurately is important. Here you will find information to help you improve your writing for any purpose in your law degree.
Academic writing in law is:
Academic writing in law does not:
Steps to Writing a Law Essay
Throughout your law degree, you will be expected to write a range of different texts, including research essays, responses to problem questions, and case notes.
Not matter the type of text you are asked to produce for an assignment, make sure you follow these steps:
- Plan : read the questions carefully and think about how you will answer it
- Research : read, read and read! Make use of everything available to you - don't forget the library!
- Make thorough notes : include all important (and relevant) details and quotes and take note of the source. Make sure you organise your notes so as to make the writing task easier
- Write the first draft : before you start writing your first draft, refer back to your initial plan and make any necessary changes now you have done your research and gathered your notes.
- Review and edit : remember to proofread your work!
The IRAC Method
IRAC is an acronym that stands for: Issue, Rule, Application, and Conclusion. It functions as a methodology for legal analysis and is used as a framework for organising your answer to an essay question in law school.
[ Open All | Close All ]
In legal writing, issues are the core of the essay.
This part of the essay should:
- Identify and state the issue
- Name those involved (plaintiff and defendant) and briefly describe their individual issues
- Work out what body of law may govern the resolution of the issue (e.g. Contract Law)
The rule describes which law applies to the issue. The rule should be stated as a general principle, and not a conclusion to the particular case being briefed.
- Outline the legal principles that will be used to address to the issue
- Source legal principles from cases and legislation
The application is the most important and longest part of your answer. It involves applying the Rule to the facts of the issue and demonstrating how those facts do or do not meet the requirements laid down by the rules. Discuss both sides of the case when possible.
- Explain why the plaintiff's claims are or are not justified
- Identify how the law will be used by the plaintiff and defendant to argue their case
- Use relevant cases and legal principles to support your writing
- Do not try to strengthen your argument by leaving out elements or facts that will hurt it
As with all essays, the conclusion is a statement that identifies your answer to the issue.
- Identify what the result of your argument ir, or what it should be
- State who is liable for what and to what extent
- Consider how the plaintiff and defendant could have acted to avoid this legal issue
Useful Links:
- UWA IRAC Guide This guide from the University of Western Australia offers examples of how the IRAC method can be applied to different cases.
- Law School Survival: The IRAC Method A useful site that presents a detailed outline of the IRAC method as well as skeleton outlines.
Law Writing Media
Additional Resource
Featured Resource
Further Support
Related Guides
Proofreading Tool
- Last Updated: Jan 17, 2024 3:38 PM
- URL: https://top-au.libguides.com/legal-method-research-and-writing
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IMAGES
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COMMENTS
rather, the systematic application of general rules to specific facts for the purpose of arriving. at reasonable, persuasive conclusions. An attorney writing a legal memorandum to her. colleagues, or a motion to a judge, or presenting a closing argument to a jury is applying the.
WRITING IN PLAIN ENGLISH
ORGANIZING A LEGAL DISCUSSION (IRAC, CRAC, ETC.)
Abstract. Good legal writing is more science than art. This short foreword offers a checklist for how to properly structure essays and journal articles. It emphasizes the need for a structured ...
CLEAR AND ACTIVE LEGAL WRITING
Guide to Legal Research and Writing
g GuideOverview: There are a number of basic rules. bout legal writing. They might not be very different from non-legal writing, but always remember that accurate and clear communication is ess. ortance of grammar: Use proper gramma. in persuading themProper grammar includes accurate spelling - especially when it comes to using words that ...
Legal Research and Writing & Introduction to Litigation Practice
essay's goal is to introduce you to or remind you of these principles. Improving lawyers' writing is an overdue, much-needed legal reform. Poor writing is costly: "people actually suffer from it. Not least among the sufferers are judges who must try to make sense out of nonsense. But the vexation that judges feel pales in
Today, most of this advocacy is accomplished through writing.2 Therefore, persuasive writing is, as one professor puts it, "essential to the practice of law."3 Persuasive writing enables you to make strategic decisions about how to present and package your arguments to ensure your document is as convincing as possible.
Good writing consists of two basic elements. First, there are the manda-tory elements of style: grammar, punctuation, spelling. You cannot consistently break mandatory rules and hope to be considered a good writer. Second, there are the discretionary elements of style: organisa-tional structure, word choice, pacing.
There are a number of strategies that may help you in starting, structuring and presenting a law essay. 1. Starting your answer. The first step to a successful law essay is understanding the question. One of the most effective ways of breaking down the question is to identify the direction, content, and scope or limiting words.
• Reform - This is kind of the opposite to historical essays. You will need to think about the law as it stands today and how it might change or develop in the future. • Legal theory - A question about legal theory will require academic criticism about a specific law, case or area. Often these will take the form of a question or
The legal writing sample is an integral part of the hiring process for lawyers. Here are tips for preparing the best sample of your legal writing skills. Mitchell Length of the Sample The writing sample should be five to ten pages in length, unless otherwise indicated by a particular employer. If you have selected a longer sample, you can ...
Prepare a preliminary plan. (1) Consider and analyse the topic. Pay special attention to the genre or type of legal research and writing that this topic requires of you - see above. Analysis of the topic includes looking for the instruction word(s), as well as identifying the keyword(s) or central concept of the topic.
The Legal Writing Handbook, Seventh Edition offers an effective process approach to teaching legal writing. The authors take students through each of the necessary stages of the writing process, from pre-writing, drafting, and editing, to the final draft. The authors' step-by-step approach assures that students will master the writing skills they will need throughout their careers.
Microsoft Word - Writing Legal Essays.docx. Writing Legal Essays. Essay writing will be one of the key forms of assessing your understanding of the law and your ability to critically evaluate legal principles. An essay question may form your ICA or may be one of the forms of exam question so developing good skills in writing legal essays is ...
IRAC / CRAC / CREAC
In legal writing, issues are the core of the essay. This part of the essay should: Identify and state the issue; Name those involved (plaintiff and defendant) and briefly describe their individual issues; Work out what body of law may govern the resolution of the issue (e.g. Contract Law)
It is useful to think of writing as a four-step preparations: understanding legal terms and the nature of legal problems; a focused mind communicate your ideas; avoid overgrown verbal foliage; and maintain consistency. Task: Search and differentie words of contracts, agreements, and consensual.
Academic Writing | Jeffrey R. Wilson
Proper topic sentences and transitions are key to making your legal writing easy to read. Topic sentences allow a reader to instantly know what a paragraph's focus. When your writing changes focus from one issue to another, use transition words to make the process seem natural to a reader. These relatively small and simple devices greatly ...
Harvard College Writing Center 5 Asking Analytical Questions When you write an essay for a course you are taking, you are being asked not only to create a product (the essay) but, more importantly, to go through a process of thinking more deeply about a question or problem related to the course. By writing about a