Legal Writing I & II: Legal Research and Writing & Introduction to Litigation Practice
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Ben Fernandez
Copyright Year: 2020
ISBN 13: 9798746520340
Publisher: Ben Fernandez
Language: English
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Conditions of use.
Table of Contents
- Introduction
- Part I: Objective Writing
- 1. Sources of Law
- 2. Legal Research
- 3. Briefing Cases
- 4. Applying Cases and Analogical Reasoning
- 5. Analyzing Statues and Marshaling Facts
- 6. Citation
- 8. Objective Legal Memoranda
- 9. Other Examples of Legal Writing
- 10. Improving Your Writing
- Part II: Persuasive Essay
- 11. Credibility
- 13. Ethical Rules for Advocacy
- 14. Civil and Appellate Procedure
- 15. Requirements for Civil Motions and Standards for Appeals
- 16. Persuasive Writing
- 17. Memoranda in Support of MOtions
- 18. Motion Session
- 19. Appellate Briefs
- 20. Oral Argument
- Case Briefing Exercise
- Clampitt v. Spencer
- Eppler v. Tarmac
- Sample Case Briefs
- Clampitt v. Spencer Brief
- Eppler v. Tarmac Brief
- Case Analogy Exercise
- Malczewski v. Florida
- Sample Case Analogy
- IRAC Exercise
- Young v. Kirsch
- State Farm V. Mosharaf
- Southland v. Thousand Oaks
- Sample IRAC
- Legal Memorandum Exercise
- Sample Legal Memorandum
- About the Author
Ancillary Material
About the book.
Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice contains a brief discussion of all of the topics covered in a law school courses on legal writing, including a typical first semester course on legal research, analysis and writing an objective memorandum, as well as a second semester course on persuasion and writing an appellate brief, motion to dismiss or motion for summary judgment. The discussion focuses on the basics of analogical reasoning and persuasion and leaves out the minutiae. Each topic is taken one step at a time, with each step building on the step before it. The sources of law are presented first, then legal research, and reading and analyzing cases and statutes. The book covers analogizing a case to a fact pattern and marshaling the relevant facts to the elements of a statutory rule next. And then first section of the book concludes with legal citation, CRAC and CREAC, and writing a legal research memorandum. The text also includes a lot of samples and examples of how the author would write a case brief, a legal memoranda and an appellate brief, as well as an appendix with charts, outlines and exercises students can use to practice these skills. Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice covers all the skills students need to know to work at a law firm, and everything students have to learn to begin practicing in litigation department of a firm.
About the Contributors
Ben Fernandez, University of Florida Levin College of Law
In this Book
- Uzoma Ihugba
- Published by: Malthouse Press
- View Citation
Table of Contents
- Title page, Copyright page
- Acknowledgements
- pp. viii-xiii
- pp. xv-xxii
- Chapter 1 - Meaning and Types of Legal Research
- Chapter 2 - General Objectives and Goals of a Legal Research
- Chapter 3 - Drafting and Refining a Research Topic
- Chapter 4 - Understanding Research Philosophy and Theory in Legal Research
- Chapter 5 - Strategies in Legal Research
- Chapter 6 - Data Collection Methods
- Chapter 7 - Sources of Data in Legal Research
- Chapter 8 - Ethical Issues in Legal Research
- Chapter 9 - Sources of Legislation
- Chapter 10 - Limitations to Legal Research
- pp. 101-104
- Chapter 11 - Developing and Writing a Legal Research Proposal
- pp. 105-116
- Chapter 12 - Formulating Research Design in Legal Research
- pp. 117-126
- Chapter 13 - Conducting a Literature Search in the Library and Online
- pp. 127-134
- Chapter 14 - Writing a Literature Review in Legal Research
- pp. 135-142
- Chapter 15 - Developing Research Questions and Research Objectives
- pp. 143-154
- Chapter 16 - Presenting Analysis and Checking for Validity and Credibility
- pp. 155-180
- Chapter 17 - Structure and Style of Dissertation in Legal Research
- pp. 181-196
- Chapter 18 - Bibliography and Referencing Styles
- pp. 197-202
- Chapter 19 - Proposal, Project and Thesis Defence
- pp. 203-214
- Chapter 20 - Writing Conference and Seminar Papers in Law
- pp. 215-224
- Chapter 21 - Publishing in Academic and Legal Practitioners' Law Journals
- pp. 225-238
- Chapter 22 - The NALT Uniform Citation Guide- Style of Referencing
- pp. 239-252
- Bibliography
- pp. 253-262
- pp. 263-267
Additional Information
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legal research, Part II intends to cover the basics of legal writing, Part III briefly highlights and explains the essential characteristics of different forms of legal writing, Part IV relates to referencing and finally, Part V mentions some in depth resources on the subject.
scover to answer legal research exercises. The second half of the book first helps you improve your basic writing skills by avoiding common errors. writing in plain English, and organizing. The book then introduces the traditional format of common legal documents — letters, ofice memos, pleadin.
Legal research methodology indicates legal activities with case laws comments. This research article may be conduct as the research guide throughout the study periods....
The discussion focuses on the basics of analogical reasoning and persuasion and leaves out the minutiae. Each topic is taken one step at a time, with each step building on the step before it. The sources of law are presented first, then legal research, and reading and analyzing cases and statutes.
In classes devoted to legal research and writing, students weave analysis into research and writing and learn how to practice law. This article introduces you—the new law student—to the first-year legal research and writing class and to writing opportunities beyond the first year.
This practical text focuses on efficient research processes and techniques for both traditional and electronic sources, along with step-by-step instruction through each stage of the legal...
Chapter 5 • Step 1: Create a Research Plan. The Research Plan. Review the Client’s Facts, and Identify the Governing Law. Identify the Legal Issues, and Generate Keywords. Identify the Binding and Most Relevant Authorities. Consider the Appropriate Research Platforms and Tools to Use. Identify Any Constraints.
The book starts with a clear definition of legal research method to justification and importance. It spans the research process, theoretical positions and justification for research, the writing up process and the defence of research output either in seminars, conferences or for PhD defence.
Legal Research and Writing. A Brief Handbook of English with Research Paper. A Dictionary of American-English Usage. A Manual for Writers of Term Paper's Theses 4th Edition. A Practical Guide to Legal Writing & Legal Method 4th Edition.
This chapter deals with meaning and types of legal research and demonstrates how and why a particular type of research is more appropriate for a particular set of research objectives. At the end of this chapter, the reader should be able to: understand what research means; recognise and classify main types of research;