A Practical Guide to Legal Writing And Legal Method, Third Edition

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Author: John C. Dernbach

ISBN-10: 0735562849

ISBN-13: 9780735562844

Category: Lawyers & the Legal Profession

This concise, readily accessible text focuses the first-year law student on learning the basic principles of legal writing and analysis. Starting with a straightforward introduction to law and legal method and moving on to the basics of legal writing, the text then explores the specifics of writing memos and briefs. A classic in the field, A Practical Guide to Legal Writing and Legal Method, Third Edition, has been redesigned and updated to appeal to a new generation of law students.\ Among...

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This concise, readily accessible text focuses the first-year law student on learning the basic principles of legal writing and analysis. Starting with a straightforward introduction to law and legal method and moving on to the basics of legal writing, the text then explores the specifics of writing memos and briefs. A classic in the field, A Practical Guide to Legal Writing and Legal Method, Third Edition, has been redesigned and updated to appeal to a new generation of law students. Among the features that make this carefully crafted text a success: flexibility — the essential skills of legal reasoning and analysis are presented in a straightforward manner that allows each teacher¿and student¿to use the material in his or her own way integration — students are taught legal analysis in tandem with legal writing, concentrating on the basic principles of legal method and how to apply those principles in legal writing accessibility — legal reasoning and writing is presented in a simple and understandable manner, through the use of a series of accessible and simple guidelines; rigor — focused exercises allow students to practice the guidelines presented in the text practicality — extensive appendices with examples of office memos, trial briefs, and appellate briefs allow students to see how the lessons in the text are used to create the documents that they will write as lawyers Updated and redesigned, the Third Edition offers: new material on legal rules, synthesis, and organization of a legal discussion or argument new and updated examples throughout new user-friendly design and layout for enhanced accessibility an improved Teacher¿s Manual, significantly expanded to include additional exercises, teaching suggestions, and advice for new teachers

Part I Introduction to LawRules and PoliciesSources of LawCase Analysis and Case BriefsPrecedent and Stare DecisisPart II Basic Concepts of Legal MethodUnderstanding Legal RulesIdentifying and Selecting Issues for AnalysisCommon Law AnalysisStatutory AnalysisReaching a ConclusionPart III Basic Concepts of Legal WritingOrganization Describing the LawExplaining the AnalysisSignpostingDrafting the DiscussionRevising and EditingPart IV The Office MemorandumElements of an Office MemorandumThe DiscussionStatement of Facts for a MemorandumQuestions PresentedPart V BriefsElements of a BriefThe ArgumentPoint HeadingsStatement of Facts for a BriefBriefs to a Trial CourtBriefs to an Appellate CourtAppendicesAppendix A Sample Office MemorandumAppendix B Defendant's Brief to the Trial CourtAppendix C Plaintiff's Brief to the Trial CourtAppendix D District Court OpinionAppendix E Appellant's Brief to Court of AppealsAppendix F Appellee's Brief to Court of AppealsAppendix G Selected Books on Style and GrammarBibliography Sources of Law