Legal Writing for Legal Readers: Predictive Writing for First-Year Students

Cover
Halftitle Page
Editorial Advisors
Title Page
Copyright Page
About Wolters Kluwer Legal & Regulatory U.S.
Dedication
Summary of Contents
Contents
Acknowledgments
The Chapter Before the First
Chapter 1: Introduction
	Simple Sample Office Memo
Chapter 2: The Law
	A. What Is the Law?
	B. Where Rules Apply: Jurisdiction
Chapter 3: Rules, Facts, and Reading Cases with a Purpose
	A. The Judicial Opinion Example
	B. Why Lawyers Read Judicial Opinions
		1. It Starts with a Problem
		2. A Sample Problem
		3. Why the Facts Matter
		4. Now, You Try It: an Exercise
Chapter 4: Deciphering Opinions
	A. The Elements of a Judicial Opinion
		1. Caption
		2. Citation
		3. Parties
		4. Prior Proceedings
		5. Facts
		6. Issues
		7. Holding
		8. Rule
		9. Reasoning
		10. Policy
		11. Disposition
		12. Dicta
	B. A Labeling Exercise
Chapter 5: More about Rules (Just as We Promised)
	A. Divide and Conquer: Identifying Relationships Between and Within Rules
	B. Identifying Controversies
	C. Some Rule-Outlining Exercises
Chapter 6: Using Authority to Find Rules. Hierarchy and Rule Synthesis
	A. What Is Legal Authority?
		1. Primary Authority
		2. Mandatory Authority
			a. Issues of federal law
			b. Issues of state law
		3. Secondary Authority
		4. Persuasive Authority
		5. How Persuasive Is That Persuasive Authority?
		6. Nonprecedential Authority and Its Persuasive Value
		7. Two Other Important Considerations
	B. Where Do I Find Legal Authority?
		1. Rules from Statutes
		2. Rules from Cases; Synthesizing Rules by Looking at Facts
		3. Synthesizing by Looking at How Authorities Have Articulated the Rule
	C. A Rule Synthesis Exercise
Chapter 7: How Do I find Legal Authority? Planning and Recording Research
	A. Framing the Research Question
		1. The Relevance of the Facts
		2. The Relevance of the Legal Issues
		3. The Relevance of the Sources
		4. What Is a Case That Is “On All Fours”?
	B. Executing a Research Plan
	C. Summary of Basic Research Strategy
	D. Creating a Research Log
		1. Why Create a Research Log?
		2. What Should the Research Log Include?
			a. Research record
			b. Research results chart
	E. Am I Done With the First Stage of My Research of a Legal Issue?
Chapter 8: Statutes as Authority
	A. What Does Plain Meaning Mean?
	B. Finding Definitions in Statutory and Case Law
	C. Gaining Clearer Understanding of the Meaning of a Statute by Observing How Courts Have Applied It
	D. How Legislative History May Enlighten You
	E. Looking for Interpretations of Analogous Statutes or Statutory Language
	F. Considering Policy to Clarify the Meaning of a Statute
	G. Summary
Chapter 9: Organizing an Analysis
	A. The Structure of Legal Analysis
	B. Beginning with an Outline
		1. Finding Structure
		2. Using the Phrases-That-Pay to Organize an Analysis
		3. Using the Outline of Phrases-That-Pay to Help You Identify Authorities
Chapter 10: Turning Your Outline into a Written Analysis
	A. Deciding How Much Attention Each Sub-issue Demands
		1. When to Ignore an Issue
		2. When to Tell Readers About an Issue
		3. When to Clarify an Issue
		4. When to Prove the Outcome of a Legal Issue
	B. Using Private Memos to Quiet Your Inner Demons and Prevent Writer’s Block
	C. Drafting the Discussion Section
		1. State Your Issue as a Conclusion
		2. Articulate the Rule
		3. Explain the Rule
		4. Apply the Rule to the Facts
		5. The Connection-Conclusion
	D. Summing It All Up
	E. An Exercise: Labeling the Parts of a CREXAC Unit of Discourse
Chapter 11: Using Cases in the Rule Explanation
	A. Case Descriptions
		1. Elements of a Description
			a. The relevant issue
			b. The disposition
			c. The facts
			d. The reasoning
		2. Writing Succinct Case Descriptions
			a. Focus
			b. Using language effectively
			c. Verb tense in case descriptions
		3. Writing Effective Parenthetical Descriptions
		4. Making Case Descriptions Accurate
	B. Using Quotations Effectively
		1. Insufficient Context
		2. Too Much Quoted Language
	C. Counteranalysis
	D. Don’t Forget to Summarize
	E. Using Nonmandatory and Nonprecedential Authority
		1. Using Nonprecedential Authority
		2. “Justifying” Your Use of Nonmandatory Authority
	F. Conclusion
Chapter 12: The A of CREXAC. Applying Rules to Facts and Using Analogies and Distinctions
	A. Organizing the Application
	B. Analogies and Distinctions
	C. Counteranalysis
	D. Conclusion
Chapter 13: The Parts of a Research Memorandum
	A. Caption
	B. Question(s) Presented
	C. The Brief Answer
	D. An Optional Component: Applicable Enacted Law
	E. Statement of Facts
		1. Providing Appropriate Detail
		2. Provide Sufficient Context
		3. Using an Effective Organizing Principle
		4. Be Accurate
	F. Discussion
	G. Conclusion
	H. Annotated Sample Memorandum
Chapter 14: The Parts of a Research Memorandum (Part B). Including Context Cues for Legal Readers
	A. The Umbrella
		1. What’s Already Happened: The Legal Backstory
		2. What’s Coming Next: The Roadmap
	B. Using Headings Effectively in a Legal Memorandum
		1. When to Include Headings
		2. How to Write a Heading in a Research Memorandum
		3. The Sentence Heading
	C. Annotated Sample Memorandum
Chapter 15: Using Citations Effectively. Citation Form
	A. Effective Citations
		1. When to Cite
		2. Distinguishing Between Authorities and Sources
		3. Where to Cite
		4. Using Effective Sentence Structures to Accommodate Citation Form
		5. Avoiding String Citations
		6. Cases That Cite Other Cases
		7. The Importance of Pinpoint Citations
		8. Summary
	B. How to Cite
		1. Long-Form Case Citation
		2. Short-Form Case Citation
		3. Citing Nonmajority Opinions
		4. Statutory Citations
	C. Conclusion
Chapter 16: Correspondence
	A. Level of Detail
		1. Where the Writer’s Needs and Readers’ Needs Diverge
		2. As Usual, Begin with a Conclusion
		3. The Formal Opinion Letter Exception
		4. Special Considerations for E-mail
	B. Level of Sophistication
	C. Tone and Emotional Content
		1. Communicating Your Professionalism
			a. Professional care and competence
			b. Civility
		2. Setting a Tone
	D. Summary
Chapter 17: The Writing Part of Legal Analysis and Writing. Clarity, Precision, Simplicity, and Everything Else that Makes Legal Writing Readable
	A. What Do You Mean, Exactly?
		1. Identifying the Actor
		2. Identifying the Action
	B. Keep (or Make) It Simple
		1. Size Matters
		2. Unparalleled Simplicity
		3. Making Effective Transitions
	C. We’ll Call It “Usage”
		1. Avoiding Misplaced Modifiers
		2. Point of View and Positions of Emphasis in a Sentence
	D. Common Errors
		1. Semicolons
		2. Commas
		3. Quotation Marks with Other Punctuation
		4. More Guidance on Common Writing Issues
Index