Items related to TM: Legal Reasoning & Legal Writing: Structure...
Synopsis
PTable of ContentsPPrefacePAcknowledgmentsPPART I#58; INTRODUCTION TO LAW AND ITS STUDYP1#58; An Introduction to American LawP1.1 The Origin of Common LawP1.2 How American Courts Are OrganizedP1.3 An Overview of the Litigation ProcessP1.4 The Importance of Understanding ProcedureP1.5 The Adversary SystemP2#58; Rule-Based ReasoningP2.1 The Inner Structure of a RuleP2.2 Organizing the Application of a RuleP2.3 Some Things to Be Careful About with RulesP2.4 Causes of Action and Affirmative DefensesP2.5 Where Rules Come From (Sources of Law)P3#58; An Introduction to Judicial OpinionsP3.1 The Anatomy of an OpinionP3.2 The Interdependence Among Facts, Issues, and RulesP4#58; Briefing CasesP4.1 IntroductionP4.2 How to Brief a CasePPART II#58; INTRODUCTION TO LEGAL WRITINGP5#58; The Art of Legal WritingP5.1 The Language as a Professional ToolP5.2 Your Writing and Your CareerP5.3 Predictive Writing and Persuasive WritingP5.4 The Art Forms of Legal WritingP6#58; The Process of WritingP6.1 Writing in Four StagesP6.2 AnalyzingP6.3 OrganizingP6.4 The First DraftP6.5 RewritingP6.6 Some General Advice about WritingPPART III#58; OFFICE MEMORANDAP7#58; Office MemorandaP7.1 Office Memorandum FormatP7.2 Writing an Office MemorandumP8#58; Initially Obtaining the Facts#58; Client InterviewingP8.1 IntroductionP8.2 Lawyers and ClientsP8.3 How to InterviewP9#58;Predictive WritingP9.1 How to PredictP9.2 How to Test Your Writing for PredictivenessP10#58; How to Organize Proof of a Conclusion of LawP10.1 A Paradigm for Structuring ProofP10.2 Why Readers Prefer This Type of OrganizationP10.3 How toVary the Paradigm to Suit Your NeedsP10.4 How to Start Working with the ParadigmP10.5 How to Test Your Writing for Effective OrganizationP11#58; Selecting AuthorityP11.1 IntroductionP11.2 The Hierarchy of AuthorityP11.3 How Courts Use DictaP11.4 How Courts React to Foreign PrecedentP11.5 How to Use Foreign Precedent and Other Nonmandatory Authority to Fill a Gap in Local LawP11.6 How to Select Nonmandatory PrecedentP11.7 How to Work Effectively in the LibraryP12#58; Working with PrecedentP12.1 Eight Skills for Working with PrecedentP12.2 Formulating a Variety of Rules from the Same PrecedentP12.3 Analogizing and DistinguishingP12.4 Eliciting Policy from PrecedentP12.5 Synthesis and ReconciliationP12.6 Testing for Realism and MarketabilityP12.7 Pulling It All TogetherP13#58; Working with StatutesP13.1 Ten Tools of Statutory InterpretationP13.2 How to Pull Together Statutory Analysis (Before Writing)P13.3 How to Present Statutory Analysis in WritingP14#58; Working with FactsP14.1 What Is a Fact?P14.2 Identifying Determinative FactsP14.3 Building Inferences from FactsP14.4 Identifying Hidden and Unsupportable Factual AssumptionsP15#58; ParagraphingP15.1 How Paragraphing Reveals Your OrganizationP15.2 Probative Paragraphs and Descriptive ParagraphsP15.3 Thesis Sentences, Topic Sentences, and Transition SentencesP15.4 The Two Most Common Ways of Botching the Beginning of a ParagraphP15.5 How to Test Your Writing for Effective ParagraphingP16#58; Effective StyleP16.1 Clarity and VividnessP16.2 ConcisenessP16.3 ForcefulnessP16.4 Punctuation and Other Rules of GrammarP16.5 How to Test Your Writing for Effective StyleP17#58; Citations and QuotationsP17.1 A Tour of the BluebookP17.2 Citation to Specific Types of AuthorityP17.3 Rules Governing All CitationsP17.4 Bluebook Rules on QuotationsP17.5 How to Test Your Writing for Effective Use of QuotationsPPART IV#58; Client Letters and Law School Examination AnswersP18#58; Advising the Client in Writing#58;
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