Legal Reasoning and Legal Writing: Structure, Strategy, and Style

Legal Reasoning and Legal Writing: Structure, Strategy, and Style

by Richard K. Neumann
     
 

Table of Contents

Preface

Acknowledgments

PART I: INTRODUCTION TO LAW AND ITS STUDY

1: An Introduction to American Law

1.1 The Origin of Common Law

1.2 How American Courts Are Organized

1.3 An Overview of the Litigation Process

1.4 The Importance of Understanding Procedure

1.5 The Adversary System

2: Rule-Based Reasoning

2.1 The

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Overview

Table of Contents

Preface

Acknowledgments

PART I: INTRODUCTION TO LAW AND ITS STUDY

1: An Introduction to American Law

1.1 The Origin of Common Law

1.2 How American Courts Are Organized

1.3 An Overview of the Litigation Process

1.4 The Importance of Understanding Procedure

1.5 The Adversary System

2: Rule-Based Reasoning

2.1 The Inner Structure of a Rule

2.2 Organizing the Application of a Rule

2.3 Some Things to Be Careful About with Rules

2.4 Causes of Action and Affirmative Defenses

2.5 Where Rules Come From (Sources of Law)

3: An Introduction to Judicial Opinions

3.1 The Anatomy of an Opinion

3.2 The Interdependence Among Facts, Issues, and Rules

4: Briefing Cases

4.1 Introduction

4.2 How to Brief a Case

PART II: INTRODUCTION TO LEGAL WRITING

5: The Art of Legal Writing

5.1 The Language as a Professional Tool

5.2 Your Writing and Your Career

5.3 Predictive Writing and Persuasive Writing

5.4 The Art Forms of Legal Writing

6: The Process of Writing

6.1 Writing in Four Stages

6.2 Analyzing

6.3 Organizing

6.4 The First Draft

6.5 Rewriting

6.6 Some General Advice about Writing

PART III: OFFICE MEMORANDA

7: Office Memoranda

7.1 Office Memorandum Format

7.2 Writing an Office Memorandum

8: Initially Obtaining the Facts: Client Interviewing

8.1 Introduction

8.2 Lawyers and Clients

8.3 How to Interview

9:Predictive Writing

9.1 How to Predict

9.2 How to Test Your Writing for Predictiveness

10: How to Organize Proof of a Conclusion of Law

10.1 A Paradigm for Structuring Proof

10.2 Why Readers Prefer This Type of Organization

10.3 How toVary the Paradigm to Suit Your Needs

10.4 How to Start Working with the Paradigm

10.5 How to Test Your Writing for Effective Organization

11: Selecting Authority

11.1 Introduction

11.2 The Hierarchy of Authority

11.3 How Courts Use Dicta

11.4 How Courts React to Foreign Precedent

11.5 How to Use Foreign Precedent and Other Nonmandatory Authority to Fill a Gap in Local Law

11.6 How to Select Nonmandatory Precedent

11.7 How to Work Effectively in the Library

12: Working with Precedent

12.1 Eight Skills for Working with Precedent

12.2 Formulating a Variety of Rules from the Same Precedent

12.3 Analogizing and Distinguishing

12.4 Eliciting Policy from Precedent

12.5 Synthesis and Reconciliation

12.6 Testing for Realism and Marketability

12.7 Pulling It All Together

13: Working with Statutes

13.1 Ten Tools of Statutory Interpretation

13.2 How to Pull Together Statutory Analysis (Before Writing)

13.3 How to Present Statutory Analysis in Writing

14: Working with Facts

14.1 What Is a Fact?

14.2 Identifying Determinative Facts

14.3 Building Inferences from Facts

14.4 Identifying Hidden and Unsupportable Factual Assumptions

15: Paragraphing

15.1 How Paragraphing Reveals Your Organization

15.2 Probative Paragraphs and Descriptive Paragraphs

15.3 Thesis Sentences, Topic Sentences, and Transition Sentences

15.4 The Two Most Common Ways of Botching the Beginning of a Paragraph

15.5 How to Test Your Writing for Effective Paragraphing

16: Effective Style

16.1 Clarity and Vividness

16.2 Conciseness

16.3 Forcefulness

16.4 Punctuation and Other Rules of Grammar

16.5 How to Test Your Writing for Effective Style

17: Citations and Quotations

17.1 A Tour of the Bluebook

17.2 Citation to Specific Types of Authority

17.3 Rules Governing All Citations

17.4 Bluebook Rules on Quotations

17.5 How to Test Your Writing for Effective Use of Quotations

PART IV: Client Letters and Law School Examination Answers

18: Advising the Client in Writing:

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Editorial Reviews

Booknews
Based on his experience that students learn legal reasoning and legal writing better when they are taught together, Neumann offers guidance on making professional writing decisions, constructing proof of a conclusion of law, and developing processes of writing. No dates are noted for earlier editions; the fourth updates references, case studies, and examples. Annotation c. Book News, Inc., Portland, OR (booknews.com)

Product Details

ISBN-13:
9780735546561
Publisher:
Wolters Kluwer Law & Business
Publication date:
03/01/2005
Pages:
542

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