Successful Legal Analysis and Writing
by Clary, Bradley G.Edition: 3rd
Format: Paperback
Pub. Date: 2010-03-22
Publisher(s): West Academic
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Summary
This work is a practical legal analysis and writing handbook. Designed for first-year students, it is also a valuable refresher text for more advanced students, and for practitioners. The book features fundamental advice, a problem-solving perspective, illustrative examples and templates, and an easy-to-read approach. Each chapter is designed to stand on its own or be supplemented by a professor's own materials. The third edition includes additional examples and models, and a chapter on oral argument.
Table of Contents
| Preface | p. i |
| Road Mapping | p. 1 |
| Where, What | p. 2 |
| Why | p. 2 |
| Who | p. 2 |
| When | p. 3 |
| How | p. 3 |
| Example | p. 4 |
| Comparison to Legal Writing | p. 7 |
| The Role of Facts in Resolving Legal Problems | p. 11 |
| Story Identification | p. 12 |
| Additional Story Identification Principles | p. 16 |
| The Role of Rules in Resolving Legal Problems | p. 19 |
| The Sources of Rules: Enacted Law and Cases | p. 19 |
| Enacted Law | p. 20 |
| Cases | p. 23 |
| Basic Principles for Understanding Primary Authority | p. 25 |
| Considerations When Working with Statutes and Cases | p. 28 |
| Determining the Rule in Typical, Simple Scenarios | p. 31 |
| Pulling Apart a Rule | p. 31 |
| Common Mistakes in Parsing a Rule | p. 35 |
| Assembling a Rule from a Single Court Decision | p. 38 |
| Determining the Rule in Typical, Complex Scenarios | p. 47 |
| Assembling a Rule from Multiple Court Decisions | p. 47 |
| Common Mistakes in Assembling a Rule from Multiple Cases | p. 59 |
| Determining the Rule in Atypical Scenarios | p. 61 |
| Assembling Rules in Atypical Settings: Direct Conflicts | p. 61 |
| Assembling Rules in Atypical Settings: Cases of First Impression | p. 65 |
| Determining the Meaning of a Statutory Rule | p. 71 |
| Interpreting Statutory Language | p. 71 |
| Understand Issues of Statutory Interpretation in Context | p. 73 |
| Basic Organizing Principles in Legal Analysis and Writing | p. 81 |
| IRAC: The Basic Components | p. 84 |
| Introduction | p. 84 |
| Rule | p. 86 |
| Application | p. 88 |
| Conclusion | p. 91 |
| Linking Discrete IRACs | p. 91 |
| Basic Writing Principles | p. 97 |
| Prefer Simplicity | p. 98 |
| Prefer the Familiar | p. 98 |
| Prefer Concision | p. 98 |
| Prefer Action | p. 99 |
| Avoid Overuse of Adjectives and Adverbs | p. 100 |
| Pay Attention to Flow | p. 100 |
| Be Meticulous | p. 101 |
| Common Mistakes to Avoid | p. 101 |
| Citation and Quotation Basics | p. 103 |
| ALWD Citation Manual | p. 105 |
| General Citation Rules | p. 105 |
| Full and Short Citations | p. 105 |
| Pinpoint References | p. 106 |
| Citation Placement and Use | p. 106 |
| Abbreviations | p. 107 |
| Capitalization | p. 110 |
| Citing to Primary Authority | p. 110 |
| Constitutions currently in force | p. 110 |
| Statutes currently in force | p. 110 |
| Cases | p. 113 |
| Citing to Secondary Authority | p. 115 |
| Restatements | p. 115 |
| Legal Periodicals (Law Reviews) | p. 116 |
| Books | p. 117 |
| Working with Signals | p. 118 |
| The Bluebook | p. 120 |
| General Citation Rules | p. 120 |
| Full and Short Citations | p. 120 |
| Pinpoint References | p. 121 |
| Citation Placement and Use | p. 121 |
| Abbreviations | p. 122 |
| Capitalization | p. 125 |
| Citing to Primary Authority | p. 125 |
| Constitutions currently in force | p. 125 |
| Statutes currently in force | p. 126 |
| Cases | p. 128 |
| Citing to Secondary Authority | p. 130 |
| Restatements | p. 130 |
| Legal Periodicals (Law Reviews) | p. 131 |
| Books | p. 132 |
| Working with Signals | p. 133 |
| General Rules on Quoting Authority | p. 135 |
| Block Quotations | p. 135 |
| Shorter Quotations | p. 136 |
| Alterations and Omissions | p. 136 |
| Common Questions about When and What to Cite | p. 139 |
| Communicating a Predictive Analysis | p. 143 |
| Common Features of Good Predictive Writing | p. 144 |
| The Office Memorandum Template | p. 151 |
| The Client Advice Letter Template | p. 172 |
| Communicating a Persuasive Analysis | p. 185 |
| Common Features of Good Persuasive Writing | p. 186 |
| The Trial Court Brief Template | p. 191 |
| The Appellate Brief Template | p. 236 |
| Oral Argument | p. 261 |
| A Way to Prepare the Argument | p. 261 |
| A Way to Begin the Argument | p. 263 |
| A Way to Approach the Middle of the Argument | p. 265 |
| A Way to Approach the Conclusion of the Argument | p. 269 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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