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Writing and Analysis in the Law

NCJ Number
130260
Author(s)
H S Shapo; M R Walter; E Fajans
Date Published
1991
Length
361 pages
Annotation
This text describes the sources on which attorneys' writings rest, discusses legal analysis and the basic forms of legal writing, and explains the techniques for effectively organizing and writing specific types of documents.
Abstract
The discussion emphasizes that good writing must demonstrate a clear sense of audience, purpose, organization, and paragraph and sentence structure. Individual sections explain the main sources of law, the development of the law through the common law process, and the relationship between case law and statutes. They also explain techniques of interpreting statutes and methods of using, through analogies or precedents, the basic parts of a judicial decision: the facts, issues, holdings, reasonings, and policy. Step-by-step instructions are also given for planning and writing simple and complex legal memoranda, legal discussions of single or multiple issues, and documents for trial and appellate courts. The text also explains how to write effective sentences, thesis paragraphs, and transitions from one paragraph to another and how to prepare and deliver an oral argument. Chapter exercises, case examples, index, and appended sample documents and guidelines on grammar, punctuation, and quotations.

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