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

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Aspen Law & Business, 1998 - Droit - États-Unis - Méthodologie - 486 pages
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
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
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
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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An Introduction to American Law
RuleBased Reasoning
Making Records Available

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