Developed as a textbook for a first-year law school course, and is successful in courses for foreign LLM students, the book introduces law students to analyzing and writing about legal authority in cases and statutes. It discusses the structure and persuasive techniques of effective argumentation. The book makes effective use of high-quality and illustrative examples and writing exercises. It also includes access to helpful PowerPoint slides for use in the classroom and class preparation.
Title and Citation The title of the case shows who is opposing whom. The name of the person who initiated legal action in that particular court will always appear first. Since the losers often appeal to a higher court, this can get confusing. The first section of this guide shows you how to identify the players without a scorecard.
The citation tells how to locate the reporter of the case in the appropriate case reporter. Facts of the Case A good student brief will include a summary of the pertinent facts and legal points raised in the case. Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion.
Judges are not above being selective about the facts they emphasize. The fact section of a good student brief will include the following elements: A one-sentence description of the nature of the case, to serve as an introduction.
A statement of the relevant law, with quotation marks or underlining to draw attention to the key words or phrases that are in dispute. A summary of the complaint in a civil case or the indictment in a criminal case plus relevant evidence and arguments presented in court to explain who did what to whom and why the case was thought to involve illegal conduct.
A summary of actions taken by the lower courts, for example: Issues The issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court.
Constitutional cases frequently involve multiple issues, some of interest only to litigants and lawyers, others of broader and enduring significant to citizens and officials alike.
Be sure you have included both. With rare exceptions, the outcome of an appellate case will turn on the meaning of a provision of the Constitution, a law, or a judicial doctrine. Capture that provision or debated point in your restatement of the issue.
Set it off with quotation marks or underline it. This will help you later when you try to reconcile conflicting cases. Board of Education involved the applicability of a provision of the 14th Amendment to the U. Many students misread cases because they fail to see the issues in terms of the applicable law or judicial doctrine than for any other reason.
There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers.
Remember too, that the same case may be used by instructors for different purposes, so part of the challenge of briefing is to identify those issues in the case which are of central importance to the topic under discussion in class.
Reasoning The reasoning, or rationale, is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did.Writing and Analysis in the Law (Textbook) Shapo and Shapo's Law School Without Fear: Strategies for Success, 2d Similar Authors To Helene S.
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from: $ Shapo and Shapo's Law . This product hasn't received any reviews yet. Be the first to review this product! Find Similar Products by Category. Get this from a library! Writing and analysis in the law. [Helene S Shapo; Marilyn R Walter; Elizabeth Fajans] -- "[This book] provides a guide to legal writing, focusing on the importance of thoughtful, thorough analysis and clear organization in written communications.
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Writing and Analysis in the Law, Fourth Edition, is a textbook for a first-year law school course in legal writing. The author focuses on the importance of clear organization in written and oral ashio-midori.com book introduces law students to principles of research, analyzing legal authority in both case law and statues/5.