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Writing Essay Exams to Succeed in Law School by
Ancillary purchase book appropriate for incoming and first - year law students, law students in academic support programs, pre - law students, and graduates studying for the bar exam. Features: The student answer to the Hayakawa problem in Chapter 4 is now annotated to show key features, such as explanations of rules, explanation of elements, application of sub-elements to facts, and conclusions An all-new Chapter 8 explains how exams are like the real practice of law
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Composition books usually offer a mix of how-tos for writing memos and briefs. They also tend to include some basic grammar and style information as well as tips on organization, editing, and persuasion. Below is a selection of the library's resources with a few books that focus on a specific form of legal writing.
Aspen Handbook for Legal Writers by
The Aspen Handbook for Legal Writers, a brief and accessible reference on mechanics and style, is a useful companion to any legal writing text. Targeted at the needs of legal writers, the text focuses on the rules of grammar, style, and usage--with plenty of examples. A section on Legal Documents offers strategies to improve legal writing, with a sample letter, memorandum, trial brief and appellate brief. Numerous, helpful examples showcase both good and bad writing. This practical approach helps law students with common problems and dilemmas: substitutions for "legalese" lists of commonly used legal idioms, spelling tips, advice on organization and the legal writing process, proofreading, and document design. Modeled after handbooks used at the undergraduate level, the Handbook features a small trim size, comb-binding, clear organization, two-color printing, and helpful design elements to highlight important information. Distinctive features designed with the student in mind include Websites for each topic addressed, Tips and Strategies to highlight key topics, and Challenge Exercises in each chapter to test mastery. A brief Table of Contents on the inside front cover and Style Sheet on the inside back cover offer quick reference. Helpful appendices include Citation Form (including both Bluebook and ALWD examples), and glossaries of terms and usage. A CD-ROM with supplemental exercises is provided for instructors. The Third Edition features new and updated examples as well as fresh Website references throughout the text. More supplemental exercises appear on a companion web site. Features: brief and accessible reference on mechanics and style, a useful companion to any legal writing text focus on the rules of grammar, style, and usage, targeted at the needs of legal writers includes a section on Legal Documents offers tips and strategies to improve legal writing. sample letter, memorandum, trial brief, and appellate brief included numerous, helpful examples of both good and bad writing practical approach helps with common problems and dilemmas substitutions for "legalese" lists of commonly used legal idioms spelling help advice on organization and the legal writing process proofreading document design modeled on undergraduate handbooks small trim size comb-binding two-color printing helpful design elements to highlight important information student-focused Websites for each topic addressed Tips and Strategies in each chapter to highlight key topics Challenge Exercises in each chapter to test mastery brief Table of Contents on the inside front cover and Style Sheet on the inside back cover for quick reference helpful appendices Citation Form (including both Bluebook and ALWDexamples) English as a Second Language Glossary of Terms Glossary of Usage CD-ROM with supplemental exercises Thoroughly updated, the revised Third Edition presents: new examples throughout fresh Website references more supplemental exercises on a companion web site
Legal Writing by Design by
The second edition of Legal Writing by Design remains unique in demonstrating how to transform thoughts into writing by explaining the link between thinking and writing. It doesn't just tell the reader to "argue by analogy" or to "apply the rule" it explains the design of the thinking involved in those processes and shows how to transform that design into writing. Through easily understandable hypotheticals, outlines, graphics, exercises, and writing samples, many garnered during the authors' combined forty-plus years of teaching legal writing and appellate advocacy to law students, Legal Writing by Design comprehensively demonstrates how to transform ideas into exceptional writing. It demystifies the writing process by explaining the design of (1) deductive and inductive reasoning, (2) analogical thinking, and (3) relevancy. Once that design is understood, writing becomes easy. Writing with liberal doses of humor, the authors provide clearly readable charts, examples, and templates throughout this second edition. All chapters include a chapter review, and many also provide writing prompts. In addition to chapters explaining the fundamentals of writing legal memos and briefs, Legal Writing by Design contains sections on (1) clear and effective writing; (2) the appellate process, including an easily understandable explanation of standards of review; (3) oral argument techniques and practice; (4) the writing and editing process; (5) case briefing; and (6) professionalism in the practice of law. Exercises corresponding to the principles explained are included throughout most chapters, with answers provided in a separate Teacher's Manual. Successfully used for over ten years by thousands of law school students, Legal Writing by Design is the perfect tool for anyone - attorneys, legal assistants, pro se litigants, undergraduate students, or the public - who seeks the ideal way to analyze issues, to write clearly, and to write persuasively.
Thinking Like a Writer by
Incorporating the useful suggestions of attorneys who relied on the previous edition, this new 3rd Edition gives you the specialised knowledge and techniques to draft clear and compelling legal documents -- no matter how complicated the issues involved. Hailed as 'the best book ever written on legal writing' by practising attorney and former Marine Corps Staff Judge Advocate Theodore Hess, the book includes exercises, examples, and highlighted drafting do's and don'ts to help you to: Craft introductions that activate readers' minds from the start; Develop a writing persona that's credible, professional, and engaging; Write strong, streamlined sentences that bring subjects into clear focus; Create logically-linked paragraphs that carry readers forward smoothly; Break up information stylistically and graphically to enhance comprehension; Use syntax, verbs, and varied sentence lengths to keep readers' attention; Instil writing with added grace, energy, character, and imagination; Communicate directly with different audiences, including clients, associates, senior lawyers, and judges; Identify drafting problems, understand their causes, and find the right editorial solutions. The book shows you how to blend reason and emotion, detail and simplicity, and concrete language and metaphors to ensure that your legal writing does full justice to your legal thinking.
Writing for Law Practice by
Writing for Law Practice organizes documents into three sections that correspond to the three major modes of written communication in the law--"Litigating," "Informing and Persuading," and "Rule-making"--each with its own signature writing skills. The organization of this text is both realistic and helpful to student and teacher. Part One focuses on pleadings and motions, where concept is primary and expression secondary. Part Two covers letters, memos, trial and appellate briefs, and judicial opinions, which require clarity and perseverance as well as creativity. Part Three covers contracts, legislation, and wills, where conceptualization is inextricable from clear and precise expression. Among the advantages of this organization is that it gives the teacher much flexibility in course design. New features of the third edition include new content in Part One reflecting the effect of recent Supreme Court decisions on federal and state pleading practice and the impact of social media on civil litigation; new content in Part Two on e-mail memoranda of law; and new content in Part Three on document design for electronic communication, on drafting federal regulations, and on non-disclosure agreements. In addition, there is a new casefile on child custody rights under international law and exercises and assignments throughout. Finally, the teacher's manual contains supplementary material on depositions and interrogatories. Writing for Law Practice is intended for both "Advanced Writing" and "Introduction to Drafting" courses. Because "drafting" is a term without a single, universally agreed-upon meaning, "drafting" courses do not all cover the same documents. However, this text treats a broad range of documents and a broad range of skills, and so it is suitable for all of these upper-level writing courses.
A Brief Guide to Brief Writing by
Briefs are a combination of legal reasoning and good story-telling. It is very important to be able to construct a persuasive legal argument in support of a client s case while telling the client s story. The aim of every brief is always the same: to persuade. This means that there are fundamentals that must be adhered to in order to create a good brief, and big mistakes must be avoided. The book can utilized as an outline or a refresher for any type of brief that must be written, whether it s a main brief, reply brief, or sur-reply, and whether it s a lower court or appellate brief. A Brief Guide to Brief Writing will enable brief writers to understand and tell the client s story, in a persuasive and effective manner."
Just Briefs by
From the distinguished authors of the popular Legal Writing Handbook, Fourth Edition, comes this clear and focused treatment of briefs, in the authors'effective step-by-step writing style. Developed from the coverage on briefs from the authors' successful Legal Writing Handbook, this text includes: focused coverage on how to write briefs helpful examples of trial and appellate briefs how to present an effective oral argument straightforward, step-by-step exposition Designed to complement any comprehensive legal writing coursebook, Just Briefs, Second Edition, provides clear and focused coverage of the writing techniques unique to creating effective briefs.
The Winning Brief by
In its first two editions The Winning Brief explained the art of effective writing in 100 concise, practical, and easy-to-use tips, proving that the key to writing well is to understand the judicial readership. This third edition of Bryan A. Garner's modern classic delivers the same invaluableguidelines with even more supporting evidence. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate canpresent.In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he warns - and demonstrates how to do just that. Every tip begins with a set of quotable quotes from experts, followed by Garner's masterly advice on building sound paragraphs,drafting crisp sentences, choosing the best words ("Strike pursuant to from your vocabulary."), quoting authority, citing sources, and designing a document that looks as impressive as it reads. Throughout, Garner shows how to edit for maximal impact, using vivid before-and-after examples that applythe basics of rhetoric to persuasive writing.In this much-expanded third edition, Garner has perfected the text with nine new tips, hundreds of new examples, and amplified explanations throughout - all in his trademark style. Among the new sections are tips on understanding judges' reading habits, answering opponents' arguments, writingeffective reply briefs, using authorities persuasively, and organizing arguments based on statutes and contracts. Quotable quotes, which Garner carefully assembled after years of wide reading and close study, have been expanded and improved throughout the book. There is also a new appendix on aremarkable brief that some consider the best ever written ("a beautiful marriage of rhetorical skill, thorough research, and humane lawyering").Perhaps the biggest change to this edition is that every tip now ends with a summary checklist that recaps and crystalizes the subpoints just covered, with further ideas for improvement. Garner conceived these checklists in part as a way to help readers approach his book as a set of 100 tutorials.Reviewing and practicing each tip will offer brief-writers a degree of mastery that more cavalier colleagues will find difficult to equal.An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this bookshouldn't merely be on your shelf--it should be open on your desk.
Making the Case by
Writing in the tradition of Karl Llewellyn's classic The Bramble Bush, Paul Kahn speaks in this book simultaneously to students and scholars. Drawing on thirty years of teaching experience, Kahn introduces students to the deep, narrative structure of the judicial opinion. Learning to read the opinion, the student learns the nature of legal argument. Thus Kahn's exposition of the opinion simultaneously offers a theory of legal meaning that will be of great interest to scholars of law, humanities, and the social sciences. At the center of Kahn's approach are ideas of narrative, persuasion, and self-government. His sweeping account of interpretation in law offers innovative views of the nature of authorship, the development and decline of doctrine, and the construction of facts.]]>
Point Taken by
In Point Taken, Ross Guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples. Featuring numerous cases and opinions from 34 esteemed judges - from Learned Hand to Antonin Scalia - Point Taken, explores whatit takes to turn "great judicial writing" into "great writing".Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance. Guberman offers strategies for pruning clutter,adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, includingor avoiding footnotes, and finessing transitions. Guberman shares his style "Must Haves", a bounty of edits at the word and sentence level that add punch and interest, and that make opinions more vivid, varied, confident, and enjoyable. He also outlines his style "Nice to Haves", metaphors, similes,examples, analogies, allusions, and rhetorical figures. Finally, he addresses the thorny problem of dissents, extracting the best practices for dissents based on facts, doctrine, or policy. The appendix provides a helpful checklist of practice pointers along with biographies of the 34 featuredjudges.
So Ordered by
This textbook offers concise guidance on how to become a successful judicial writer using common judicial documents, including bench memos, trial court orders, jury instructions, appellate opinions, dissents, and concurrences. So Ordered explains how to conceive, express, and revise each of the principal parts of these documents, from the case caption and introduction to the legal analysis and conclusion. Handpicked, annotated examples from the nation's best judicial writers will inspire students to develop successful legal writing strategies and craft well-polished documents. A straightforward, accessible textbook that shows--rather than tells--students how to approach their writing assignments with care, So Ordered instills valuable lessons on lawyering that students can draw on throughout their careers.
Advanced Legal Writing: Theories and Strategies in Persuasive Writing by
Advanced Legal Writing: Theories and Strategies in Persuasive Writing is exceptionally well suited for use in upper level Legal Writing courses that focus on strategy. the author's distinctive approach: emphasizes persuasive writing strategies and explores specific techniques for legal writers combines theory with practically by taking an interdisciplinary avoids a 'documents-based' approach going beyond the trial or appellate brief to identify effective strategies for a broad range of documents and settings follows a consistent format, offering for each writing strategy: explanation of its nature and characteristics an account of the theoretical principles which explain their effectiveness detailed, 'how-to' guidelines for students to use in their own writing numerous examples of proper use of the strategy and exercises consideration of ethical implications the book is divided into five main parts that cover: literacy allusion and its value in persuasive writing the three basic processes of persuasion: logic and rational argument, emotional argument, and establishing credibility rhetorical style persuasiave writing strategies based on psychology theory the moral implications of being an effective persuasive writer
Communicators-In-Chief by
Table of contents: Five qualities of persuasive legal writing : using metaphor, rigor, brevity, clarity, and zeal -- The power of metaphor : Thomas Jefferson -- The power of rigor : James Madison -- The power of brevity : Abraham Lincoln -- The power of clarity : Ulysses S. Grant -- The power of zeal : Teddy Roosevelt -- The presidents' reading habits and favorite books -- Presidents influencing the writing of other presidents : friendship, letter writing, and admiration -- Final thoughts : character traits and writing habits.
Making Your Case by
In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.
Your Client's Story by
Unlike most document-centric first-year legal writing texts, Your Client's Story: Persuasive Legal Writing centers on the client, with a focus on ways to persuade the reader to grant the relief each client seeks. Organized to reflect the process, the text begins with meeting the client, moves to investigating the facts, and then provides guidance on analyzing and choosing the appropriate persuasive strategy. The material is rooted in concepts of brain science and cognitive psychology--in an easy-to-read, conversational style--and shows how classical rhetoric and modern persuasion theory provide the foundation for memorable legal writing. Persuasion and argument presentation cover both the trial and appellate levels. By focusing on the process of persuasion, Your Client's Story: Persuasive Legal Writing creates strong connections between the first year objectives and the upper level skills and clinic courses. Editable versions of the sample briefs appear in the appendices, so that professors can tailor to individual needs. The authors, are all distinguished former Presidents of The Legal Writing Institute and have published significant articles about persuasive techniques in legal writing. Robbins and Johansen co-organize the Applied Legal Storytelling conferences, and Robbins is Co-Editor-in-Chief of Legal Communications and Rhetoric: JALWD. Features: client-centered--rather than document-centric--focusing on ways to persuade the reader to grant the relief each client seeks organized to reflect the process meeting the client investigating the facts analyzing and choosing appropriate persuasive strategies rooted in concepts of brain science and cognitive psychology, made accessible to first-year law students engages classical rhetoric and modern persuasion theory as a foundation conversational tone covers persuasion and argument presentation at both the trial and appellate levels creates strong connections between first year course objective and upper level skill-building curriculum editable versions of sample briefs in the appendices, for professors to tailor as needed stellar authors All are former Presidents of The Legal Writing Institute. All have published significant articles on persuasive techniques in legal writing. Professor Robins is Editor-in-Chief of Legal Communications and Rhetoric: JALWD. Professors Robbins and Johansen co-organize Applied Legal Storytelling conferences. Professor Chestek is Associate Director of the Center for the Study of Written Advocacy at the University of Wyoming College of Law.
Academic Legal Writing by
Designed to help law students write and publish articles, this text provides detailed instructions for every aspect of the law school writing, research, and publication process. Topics covered include law review articles and student notes, seminar term papers, how to shift from research to writing, cite-checking others' work, publishing, and publicizing written works. With supporting documents available on http://volokh.com/writing, the book helps law students and everyone else involved in academic legal writing: professors save time and effort communicating basic points to students; law schools satisfy the American Bar Association's second- and third-year writing requirements; and law reviews receive better notes from their staff. The Fifth Edition, based on the author's experience teaching his newly designed Intensive Editing Workshop and First Amendment Amicus Brief Clinic, adds material on editing, rebutting counterarguments, writing strategy, identifying and using the key assets of the article, fighting "the curse of knowledge," and submitting articles to law reviews. It also adds extra examples of sound writing, as well as editing exercises.
Scholarly Writing by
Table of contents: Introduction to scholarly writing -- Thinking: finding your topic and developing your thesis -- Preparing: developing horizontal and vertical knowledge -- Executing: writing the draft -- Refining: evaluating and revising your draft -- Refining: taking and incorporating feedback -- Finishing: polishing the final product -- Finishing: publishing your paper.
Scholarly Writing for Law Students by
This book fills an important niche in legal-writing literature by teaching law students how to write scholarly papers for seminars, law reviews, and law-review competitions and how to have their work recognized. It helps novices and more experienced scholars alike to write papers with a minimum of anxiety and a maximum of creativity. Employing a process theory of writing, the text first describes the enterprise of scholarly writing and then discusses techniques for brainstorming topics and theses, researching, drafting, and revising for substance and style. It covers both traditional doctrinal topics and newer areas like empirical studies. There are also chapters on footnotes, avoiding plagiarism, law review practice, and dissemination of student work through publication and submission to national writing competitions. Appendices provide a sample law-review competition paper, answers to in-text exercises, sample syllabi for scholarly writing courses, and a rubric for evaluating and editing scholarly papers and articles.
Contract Drafting by
In fourteen lessons, Contract Drafting by Lenne Eidson Espenschied serves as a complete how-to guide for lawyers new to transactional practice or for more experienced lawyers looking to reinforce their skills. This clearly written guide explains how the drafting process works; how transactional lawyers work from prior documents to produce effective and complete legal documents that protect the client's interests. It is an supremely practical guide that is straightforward and to the point, organized for ease of use and full of important tips and techniques. In addition to the fundamentals, Contract Drafting: Powerful Prose in Transactional Practice also covers advanced drafting techniques for avoiding ambiguity by making better word choices, crafting strong sentences, and eliminating contextual ambiguity. With this book as a resource at their fingertips, a contract drafter will be well equipped to create powerful, to-the-point prose in transactional practice. Lenne' Eidson Espenschied practiced transactional law for almost 25 years and the book is rooted in her experience. This book is a realistic resource that can even be used to teach drafting skills to law students. Each of the 14 chapters contains about a week's worth of material, with allowances for classroom discussion of graded assignments and special research projects.
The Elements of Contract Drafting with Questions and Clauses for Consideration by
This book is a practical, brief, to-the-point text covering the fundamental working parts of a contract and how one should be prepared. It provides an overview of the issues and processes involved in drafting contracts and transactional documents. It enables students to analyze the basic structure of contracts and other deal documents and develop the macro and micro techniques used to efficiently create those documents with precision and clarity. It provides the principles necessary for an understanding of the common structures of transactional documents and their provisions that can then be applied to specific transactions. Beyond structural drafting, this book also covers some of the substantive laws that may affect contracts. This book provides a standard structure that is ideal for a two- to three-credit-hour course taught by full-time or adjunct faculty.
A Manual of Style for Contract Drafting by
With A Manual of Style for Contract Drafting, Kenneth A. Adams has created a uniquely in-depth survey of the building blocks of contract language. First published in 2004, it offers those who draft, review, negotiate, or interpret contracts an alternative to the dysfunction of traditional contract language and the inertia and flawed conventional wisdom that perpetuate it. This manual has become a vital resource throughout the legal profession, in the United States and internationally. This updated edition contains almost one hundred pages of new material addressing many topics, making it even more authoritative and essential. This manual's focus remains how to express contract terms in prose that is free of the archaisms, redundancies, ambiguities, and other problems that afflict traditional contract language. With exceptional analysis and an unmatched level of practical detail, Mr. Adams highlights common sources of confusion and recommends clearer and more concise alternatives. This manual is organized to facilitate easy reference, and it illustrates its analysis with numerous examples. Consult it to save time in drafting and negotiation and to reduce the risk of dispute.