Ship-Ship-Hooray! Free Shipping on $25+ Details >
Lawyer's Craft : An Introduction to Legal Analysis, Writing, Research and Advocacy

Lawyer's Craft : An Introduction to Legal Analysis, Writing, Research and Advocacy - 02 edition

Lawyer's Craft : An Introduction to Legal Analysis, Writing, Research and Advocacy - 02 edition

ISBN13: 9781583607879

ISBN10: 1583607870

Edition: 02
Copyright: 2002
Publisher: Anderson Publishing Co.
International: No

ISBN13: 9781583607879

ISBN10: 1583607870

shop us with confidence


For as long as legal writing courses have existed, students have been given large quantities of information all at once. They are then expected to digest it in one large gulp and to "do it." The Lawyer's Craft takes a different approach. The authors of this innovative book take the specific skills required to write a memo or brief and divided them into discrete "building blocks" that can be more easily absorbed by students. The approach to drafting legal documents is highly structured to enable students to see how different parts fit together. Memos and briefs are divided into parts and organized into a required format. The format also provides students with a checklist to consult when constructing legal documents.

The Lawyer's Craft recognizes that skills must be practiced to be learned. No matter how carefully students read the text and discuss it in class, they will not be able to learn the material until they actually put it to work. For this reason, The Lawyer's Craft includes numerous examples and exercises. The level of difficulty of the examples and exercises is gradually increased, allowing students to master the basics before moving on to nuances and exceptions.

Table of Contents

Table of Contents

Part I: Legal Analysis
Chapter 1: Introduction to Legal Analysis

A. Why Lawyers Analyze Legal Questions
B. Legal Analysis Is Not an Alien Mode of Thought
C. An Example of Legal Analysis
D. Legal Analysis is an Art, Not a Science

Chapter 2: Analyzing Legal Issues

A. The Legal System
B. What is a Legal Issue?
C. Identifying Legal Issues
D. Analyzing Legal Issues

Chapter 3: Reading Cases and Writing Case Briefs

A. What Is a Case?
B. Why Lawyers and Law Students Read Cases
C. Understanding Cases
D. The Parts of a Case: An Annotated Case
E. Case Briefs
F. Writing a Useful Case Brief: Finding Your Own Briefing Style
G. A Sample Case Brief

Chapter 4: Introduction to Legal Proofs

A. The Structure of a Legal Proof
B. The Logical Framework of the Legal Proof
C. Using the Deductive Syllogism in Legal Proofs
D. Validating the Analysis: Rule Support and Case Comparison
E. An Annotated Legal Proof

Chapter 5: Analyzing Statutory Issues

A. Statutes
B. Statutory Codes
C. Determining a Statute's Meaning
D. How to Identify and Analyze Statutory Issues
E. Identifying the Facts
F. An Example of How Lawyers Research and Analyze Statutory
Issues: State v. Dunn

Part II: Legal Writing and Research
Chapter 6: The Legal Memorandum

A. Why Lawyers Write Legal Memoranda
B. Helping Your Reader
C. Knowing Your Reader
D. Making Predictions
E. Being Objective
F. Memo Format

Chapter 7: Writing Legal Proofs

A. The Issue
B. The Rule
C. Rule Support
D. Application, Case Comparison, and Alternative Arguments
E. Conclusion
F. Legal Proofs of Statutory Issues
G. Analyzing Issues Involving Factor Analysis or Balancing of Interests
H. Legal Proofs are the Core of the Discussion Section
I. Three Legal Proofs of the Same Issue

Chapter 8: The Legal Memorandum: The Discussion Section

A. Consider Your Reader
B. The Format of the Discussion Section
C. The Analysis
D. An Annotated Thesis for a Legal Memorandum in the Jackson Matter
E. An Annotated Thesis for a Legal Memorandum in the Dunn Matter

Chapter 9: The Legal Memorandum: Beyond the Discussion

A. The Heading
B. The Question Presented
C. The Short Answer 164
D. The Summary of the Facts
E. The Conclusion 2

Chapter 10: Writing for Readability

A. Thought and Its Expression
B. Readability
C. 15 Basic Principles for Making Your Writing Readable

Chapter 11: Revising for Effectiveness and Editing for Readability

A. The First Draft Is Only the Beginning
B. Readers' Expectations
C. Revising for Effectiveness
D. Editing for Readability
E. The Ten-Step Editing Sequence

Chapter 12: Using the Appropriate Law for Your Case

A. Sources of Law
B. Overview of the Court System
C. Using the Appropriate Law for Your Case

Chapter 13: Research Sources and Strategies

A. Research, Fact-Gathering, and Analysis: A Combined Endeavor
B. Research Sources and Formats
C. Strategies for Researching Legal Memos
D. Sample Research Strategies

Chapter 14: Citation

A. Citation Manuals
B. When to Cite
C. Citing Cases
D. Citing Statutes
E. Miscellaneous Matters

Chapter 15: Complex Memoranda

A. Integrating Procedural Considerations Into an Analysis
B. Discussing Multiple Issues
C. Analyzing Issues Involving Factors or Balancing Tests

Chapter 16: Oral Reports: Talking About Research Results

A. The Purpose of an Oral Report
B. Preparing for an Oral Report
C. The Presentation

Chapter 17: Preparing for and Writing the Law School Exam

A. The Purpose of an Examination
B. Preparing for an Examination
C. Exam-Taking Strategies
D. Writing Your Answer
E. Exam Composition
F. At the End
G. Sample Property Exam Question and Annotated Answer

Part III: Appellate Advocacy
Chapter 18: Appellate Advocacy: An Overview

A. What is an Appeal?
B. How Appellate Courts Differ from Trial Courts
C. Finding a Basis for an Appeal
D. Standards of Appellate Review
E. Procedural Requirements on Appeal
F. Appellate Briefs and Oral Argument

Chapter 19: Introduction to Persuasion and the Appellate Brief

A. Persuasion is an Everyday Activity
B. Know Your Audience
C. The Appellate Brief
D. The Parts of an Appellate Brief
E. Crafting an Effective Appellate Brief
F. Constructing a Sound Argument: Logical Devices
G. Attacking an Argument: Logical Fallacies

Chapter 20: The Appellate Brief: The Argument Section

A. Finding a Basis for an Appellate Argument
B. The Format of a Legal Point
C. Writing a Compelling Lead
D. Stating and Supporting a Rule That Favors Your Client
E. Applying the Rule
F. Rebutting Your Adversary's Positions
G. Conclusion
H. Point Headings
I. Arranging Points in a Multi-Issue Argument

Chapter 21: The Appellate Brief: The Statement of the Case Section

A. The Procedural History
B. The Statement of Facts
C. An Example of How Lawyers Craft a Statement of Facts

Chapter 22: The Appellate Brief: Ancillary Sections

A. The Opening Sections of the Appellate Brief: The Title Page,
Table of Contents, and Table of Authorities
B. The Question Presented
C. Summary of the Argument
D. The Closing Sections of the Appellate Brief: the Conclusion,
Signature, and Appendix

Chapter 23: The Reply Brief

A. The Purpose of the Reply Brief
B. The Format of the Reply Brief
C. Crafting an Effective Reply Brief
D. Tone

Chapter 24: Oral Argument in an Appeal

A. The Purpose of an Oral Argument
B. The Procedure for an Oral Argument
C. Preparing for an Oral Argument
D. The Presentation
Appendix A: Memorandum of Law: Criminal Charge
Appendix B: Memorandum of Law: Civil Claim
Appendix C: Memorandum of Law: Possible Appeal of Conviction
Appendix D: Appellant's Brief
Appendix E: Appellee's Reply Brief
About the Authors
Index of Hypothetical Names and Cases
General Index