Successful Legal Analysis and Writing
by Clary, Bradley G.Edition: 3rd
Format: Paperback
Pub. Date: 2010-03-22
Publisher(s): West Academic
Other versions by this Author
-
Free Shipping on all Orders Over $35!*
*excludes Marketplace items.
List Price: $78.00
Buy New
Usually Ships in 5-7 Business Days
$77.61
Buy Used
In Stock
$56.16
Rent Textbook
Select for Price
eTextbook
We're Sorry
Not Available
This item is being sold by an Individual Seller and will not ship from the Online Bookstore's warehouse. The Seller must confirm the order within two business days. If the Seller refuses to sell or fails to confirm within this time frame, then the order is cancelled.
Please be sure to read the Description offered by the Seller.
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. |
An electronic version of this book is available through VitalSource.
This book is viewable on PC, Mac, iPhone, iPad, iPod Touch, and most smartphones.
By purchasing, you will be able to view this book online, as well as download it, for the chosen number of days.
A downloadable version of this book is available through the eCampus Reader or compatible Adobe readers.
Applications are available on iOS, Android, PC, Mac, and Windows Mobile platforms.
Please view the compatibility matrix prior to purchase.