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

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A revision of Neumann's very successful basic legal writing text, this edition continues to give a strong foundation in legal analysis and to writing while refining and further improving the text based on user's responses. The text focuses on constructing a proof of a conclusion of law and teaches format, style, and grammar alongside the reasoning skills. (Chapter 9, How to Organize Proof of a Conclusion of Law, is widely regarded as the best explanation of this topic in any legal writing text). The goal is to ...

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Gaithersburg, MD, U.S.A. 1998 Soft Cover New 8vo-over 7?"-9?" tall 1567066941 Offered by highly rated bookseller.

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Overview

A revision of Neumann's very successful basic legal writing text, this edition continues to give a strong foundation in legal analysis and to writing while refining and further improving the text based on user's responses. The text focuses on constructing a proof of a conclusion of law and teaches format, style, and grammar alongside the reasoning skills. (Chapter 9, How to Organize Proof of a Conclusion of Law, is widely regarded as the best explanation of this topic in any legal writing text). The goal is to help students learn how to make writing decisions based on the need to prove analysis. Of special interest are chapters on client interviewing and client letters, sample client letters, an updated citation/quotation chapter to reflect changes in the 16th Edition of the Blue Book, sections that show students how to convert their raw materials into an organized first draft, and explanations on the process of writing - in detail and in many contexts. Combining clear, readable text with effective sample documents and exercises, Neumann has succeeded in creating a sophisticated, yet accessible, text carefully crafted for beginning legal writers. 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 to Vary 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

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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)
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Product Details

  • ISBN-13: 9781567066944
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 4/28/1998
  • Edition description: Older Edition
  • Edition number: 3
  • Pages: 486

Table of Contents

Preface
Acknowledgments
I Introduction to Law and Its Study 1
1 An Introduction to American Law 3
2 Rule-Based Reasoning 15
3 An Introduction to Judicial Decisions and Statutes 27
4 Briefing Cases 41
II Introduction to Legal Writing 49
5 The Art of Legal Writing 51
6 The Process of Writing 57
III Office Memoranda 67
7 Office Memoranda 69
8 Initially Obtaining the Facts: Client Interviewing 75
9 Predictive Writing 81
IV General Writing Skills 93
10 How to Organize Proof of a Conclusion of Law 95
11 Selecting Authority 119
12 Working with Precedent 135
13 Working with Statutes 157
14 Working with Facts 183
15 Paragraphing 195
16 Effective Style 205
17 Citations and Quotations 229
V Client Letters and Law School Examination Answers 255
18 Advising the Client in Writing: Client Letters 257
19 How to Write Exam Answers 263
VI The Shift to Persuasion 269
20 Developing a Persuasive Theory 271
21 Developing Persuasive Arguments 285
22 Handling the Procedural Posture 309
VII Motion Memoranda 323
23 Motion Memoranda 325
24 Point Headings and Sub-Headings 331
25 Statements of the Case 341
26 Questions Presented 355
VIII Appellate Briefs 365
27 Appellate Practice 367
28 Appellate Briefs 379
29 Writing the Appellate Brief 387
IX Into the Courtroom 397
30 Old Argument 399
Appendices 421
A Basic Legal Usage 423
B 24 Rules of Punctuation 429
C Sample Office Memorandum 441
D Sample Client Letter 447
E Sample Motion Memorandum 451
F Sample Appellant's Brief 461
G Sample Appellee's Brief 485
Index 503
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