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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
|Road Mapping||p. 1|
|Where, What||p. 2|
|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|
|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|
|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|
|Citing to Primary Authority||p. 110|
|Constitutions currently in force||p. 110|
|Statutes currently in force||p. 110|
|Citing to Secondary Authority||p. 115|
|Legal Periodicals (Law Reviews)||p. 116|
|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|
|Citing to Primary Authority||p. 125|
|Constitutions currently in force||p. 125|
|Statutes currently in force||p. 126|
|Citing to Secondary Authority||p. 130|
|Legal Periodicals (Law Reviews)||p. 131|
|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.|