legal research and writing methods pdf

Legal Writing I & II: Legal Research and Writing & Introduction to Litigation Practice

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Ben Fernandez

ISBN 13: 9798746520340

Publisher: Ben Fernandez

Language: English

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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

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18 Legal Writing Based on Research

Published: January 2020
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Like other forms of legal writing, such as client-related writing for litigation and transaction purposes and norm-creating legal writing in the form of legislation and judgments, academic legal writing based on research has great importance for legal development. Its forms include research report, article, notes/comments, and book review. Clarity of expression, continuity of thought, coherent presentation, and readability are the ideals to be attained. Formulation of ideas by responding to data and perspectives of legal ideals is a good starting point for preparation of a draft. Sketching the outline or synopsis or writing an abstract provides some shape to the draft thesis. Writing with originality and by due acknowledgement of sources; maintaining fairly high level of discussion; and writing without bias, deviations and repetition contribute to quality writing. Finally, post-draft refinement should address the issues of avoiding errors of language, subject, and technicality of references.

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Admiralty & Maritime Law

Agency, Partnerships, & Limited Liability Corporations

American Law & Jurisprudence

Subject Guide

Admiralty and Maritime law

Agency, Partnerships, and Limited-Liability Corporations

American Law and Jurisprudence

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Corporations (see also Non-Profit Corporations)

Criminal Law and Procedure

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Corporations

Non-profit corporations

E-Commerce Law

Employment Law

See Labor & Employment Law.
Evidence in trials at common law by John T. McNaughton Call Number: KF8935 .W54x Publication Date: 1961- (kept current with supplements)

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Federal Practice and Procedure

Indian Law (see Native American Law)

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Intellectual Property

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Labor and Employment Law

Law and Philosophy

Legal Research

Libel and Slander

Municipal Law (see also Zoning and Planning)

Municipal Law

Local Government Law by Michael E. Libonati, John Martinez Call Number: Available on Westlaw Publication Date: 1999- This set gives you a fundamental understanding of local government law and upcoming trends. It focuses on the entity's power to act and provides a fresh approach to solving local government problems. It thoroughly describes the regulatory powers of government and their application. The text also takes municipal law a step further by emphasizing the interrelationships among the various units of government: local and federal government, localities and the state, and between local government entities.

Zoning and Land Use

Topics Covered N-S

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Non-Profit Corporations (see also Corporations)

Patents (see also Intellectual Property)

Topics covered in T-Z

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Trademarks (see also Intellectual Property)

Trusts and Estates

Zoning and Land Use Law (see also Municipal Law)

Restatement of the Law Third, Torts: Intentional Torts to Persons, tentative draft, No. 2 by American Law Institute Call Number: available on Lexis and Westlaw Publication Date: 2017 This draft includes Chapter 1, Definitions of Intentional Torts to Persons: Transferred Intent, of which Sections 101-105;110 were submitted for approval. These sections, with the exceptions noted below, were approved by the membership at the 2015 Annual Meeting, subject to discussion at the meeting and to editorial prerogative. This approved material may be cited as representing the Institute’s position until the official text is published. The following was subject to discussion only and is not considered approved material: Chapter 1 § 101(d), and Comments f, g; § 104(b), and Comment d; and § 105(c), and Comment j.
Restatement of the Law Third, Torts: Liability for Economic Harm, tentative draft by American Law Institute Call Number: KF1249.4 .R475; available on Lexis and Westlaw Publication Date: 2012- (kept current with supplements) This draft covers portions of Chapter 1 Unintentional Infliction of Economic Loss (§§ 6-8), and Chapter 2 Liability in Tort for Fraud (§§9-15). This draft was approved by the membership at the 2014 Annual Meeting, subject to the discussion at the Meeting and to editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.

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Legal Research and Writing

Bernard Koteen Office of Public Interest Advising 4039 Wasserstein Hall (WCC) 1585 Massachusetts Avenue Cambridge, MA 02138

Legal writing refers generally to the analysis of fact patterns and presentation of arguments in legal memos and briefs. The vast majority of legal internships and permanent positions will require the deployment of legal writing skills. Those working in settings where client-based or impact litigation are the principal focus will draft and file legal briefs that coherently present their side’s written arguments to the court. Certain positions might entail the drafting of predictive memos, which anticipate the arguments of opposing counsel. Even non-litigation positions may require you to research a legal question, analyze the relevant legal precedents, and present an answer in a memo. Work in academia may involve not only writing for scholarly publications but also teaching law students the basics of legal writing and citation. Some larger government agencies and non-profit organizations may also hire someone to provide legal writing training to new hires or to oversee their legal publications.

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Legal Research Methods- LLM-Course Manual

Related Papers

Neels Swanepoel

Journal of Ethiopian Law, Vol. XXV No. 2

Wondemagegn Goshu

Generally two problems of legal research could be identified in Ethiopia. The first relates to the dearth of finding tools or law finders that are crucial in standard legal researches as carried out for instance in writing legal memorandum or pleadings. It is common knowledge among Ethiopian legal scholars that their doctrinal researches at present are not assisted by systematic tools of locating the law. Although there were beginnings to systematize the publication and the finding of Ethiopian laws such as the consolidation efforts of the 1970’s, none of them resulted in permanent tools of legal research. Moreover, there is little consensus among legal scholars on the importance of law finding tools in Ethiopia. The second problem relates to the meaning and type of empirical legal research methods that should be applied in empirical legal scholarship. The introduction of a course on legal research methods, with recent reforms of law school curricula, might be evidence of the growing recognition of empirical legal research methods in the study and practice of law. But telling from the content and organization of the textbook1, (empirical) legal research methods are more obscured than elaborated. While criticizing the text is not the point of this article and as a matter of fact the text’s efforts have to be acknowledged as pioneering empirical methods to Ethiopian law students, the textbook provides little assistance for actual undertaking of empirical legal research owing to its lack of clarity exemplified by ambiguities in terminologies and concepts of research methods. Such problems surrounding significance and meaning of legal research in Ethiopia naturally call for exploration of the various issues of research methods, issues which will hopefully be taken up for further research and action by students, practitioners, and institutes of law. Hence exploration, it should be stated, is the objective of this article. As in the nature of exploratory research, instead of providing concrete solutions, the article aims at identifying issues concerning legal research in Ethiopia.

Dharmendra Chatur

Olga Rybina

My picture at page 11

Matthew Festa

Land use is a discipline that involves diverse academic, practical, and social perspectives; it is also an ideal subject for applying nontraditional teaching methods, including those suggested by the “best practices” movement in legal education. In this article -- a contribution to the “Practically Grounded” conference on teaching land use and environmental law -- I suggest that a scholarly research and writing focus can help students develop their practical and analytical skills and values while achieving “best practices” goals in the context of a doctrinal land use course. In the article I set forth a pedagogical basis for including an academic writing component in a doctrinal land use course, and I discuss the experience of teaching a large land use class with a significant research and writing component. The benefits from an academic writing focus may also apply to teaching in other doctrinal fields.

Heather Douglas

Ajit Maharana

Valentina Bartali

Russell Pearce

The Handbook of English for Specific Purposes

Jill Northcott

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