Legal Method and Writing, Fifth Edition
Known and respected for its broad coverage and sharp focus on the needs of first-year law students, LEGAL METHOD AND WRITING has been fine tuned and updated for its Fifth Edition.\ This sophisticated yet accessible book:\ \ takes a comprehensive and practical approach to teaching writing and analysis skills\ anchors basic skills to familiar examples — many drawn from contracts and torts — and ties them to interesting cases\ covers different types of legal writing, including writing in law...
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Part I. Law School—Getting Started• Introduction to Writing Style: Policy, Purpose, and Audience• Overview of the Case Method of StudyPart II. Introduction to the Legal System• Common Law• LegislationPart III. Legal Method and Analysis• The Role of Precedent: The Court System and Stare Decisis• Deductive Reasoning and IRAC—Introduction to Legal AnalysisPart IV. Stepping Stones to Legal Memoranda—Case Briefs, Outlines, and Essay Exams• Case Briefs• Reorganization, Summary, and Inductive Reasoning in Outline Form• Essay ExaminationsPart V. Neutral Analysis—The Office Memorandum of Law• Introduction to the Law Library• Content of the Office Memorandum of Law• Organization of Office Memoranda and Briefs• Legal Writing Style in the Office Memorandum• Presenting, Quoting, and Citing to AuthorityPart VI. Introduction to Advocacy• Advocacy: Overview and Ethics• Developing Your Legal Arguments• Expressing Your Advocacy: Persuasive Writing Style and Oral ArgumentPart VII. Appellate Briefs• Standards of Appellate Review• The Brief—Effective Appellate AdvocacyPart VIII. Pretrial Advocacy—Pleadings and Motions• Pleadings• Motion for Summary Judgment• Motion to Exclude Evidence Before TrialPart IX. Writing to Parties: Contracts and Correspondence• Contracts• Advice Letters• Demand Letters
Table of Charts and Sample DocumentsPrefaceAcknowledgmentsPt. ILaw School - Getting Started1Ch. 1Introduction to Writing Style: Policy, Purpose, and Audience3Ch. 2Overview of the Case Method of Study13Pt. IIIntroduction to the Legal System19Ch. 3Common Law21Ch. 4Legislation29Pt. IIILegal Method and Analysis49Ch. 5The Role of Precedent: The Court System and Stare Decisis51Ch. 6Deductive Reasoning and IRAC - Introduction to Legal Analysis69Pt. IVStepping Stones to Legal Memoranda - Case Briefs, Outlines, and Essay Exams97Ch. 7Case Briefs99Ch. 8Reorganization, Summary, and Inductive Reasoning in Outline Form127Ch. 9Essay Examinations149Pt. VNeutral Analysis - The Office Memorandum of Law169Ch. 10Introduction to the Law Library171Ch. 11Content of the Office Memorandum of Law191Ch. 12Organization of Office Memoranda and Briefs217Ch. 13Legal Writing Style in the Office Memorandum243Ch. 14Presenting, Quoting, and Citing to Authority283Pt. VIIntroduction to Advocacy319Ch. 15Advocacy: Overview and Ethics321Ch. 16Developing Your Legal Arguments327Ch. 17Expressing Your Advocacy: Persuasive Writing Style and Oral Argument343Pt. VIIPretrial Advocacy - Pleadings and Motions357Ch. 18Pleadings359Ch. 19Motion for Summary Judgment381Ch. 20Motion to Exclude Evidence Before Trial407Pt. VIIIAppellate Briefs417Ch. 21Standards of Appellate Review419Ch. 22The Brief - Effective Appellate Advocacy427Pt. IXWriting to Parties: Contracts and Correspondence479Ch. 23Contracts481Ch. 24Advice Letters493Ch. 25Demand Letters507Appendices523App. IIntroduction to the Legal System: Problems for Part II of the Main Text525App. IILegal Method and Analysis: Problems for Part III of the Main Text529App. IIICase Briefs and Outlines: Assignments for Part IV of the Main Text533App. IVOffice Memoranda: Assignments for Part V of the Main Text541App. VLegal Writing Style: Problems for Chapter 13 of the Main Text569App. VIPleadings and Briefs: Assignments for Parts VI-VIII of the Main Text573Index581
