Legal Writing by Design 2nd Edition by Teresa Reid Rambo, Leanne Pflaum ISBN 1594608598 978-1594608599
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ISBN 10: 1594608598
ISBN 13: 978-1594608599
Author: Teresa Reid Rambo, Leanne Pflaum
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.
Legal Writing by Design 2nd Table of contents:
Introduction
Section I: The Design of Legal Reasoning
Chapter 1: Introduction to Reasoning
§1.1 What Is a Rule?
§1.2 The Fickle Nature of Rules
§1.3 Introduction to Rule-Based Reasoning: The Ashley Montague Hypothetical
§1.4 Step # 1: Gather the Facts
§1.5 Step # 2: Research and Outline the Rule
§1.6 Step # 3: Personalize the Rule to Fit Our Case and, If Needed, Do More Research
§1.7 Step # 4: Define the Elements of the Rule
§1.8 Step # 5: Fill in All Gaps in Defining the Rule: Use Inductive Reasoning If Necessary
§1.9 Step # 6: Select the Relevant Facts and Apply the Personalized Rule to Those Facts: Use Deductive Reasoning
§1.10 Step # 7: Build an Outline of the Argument Using the BaRAC Design
§1.11 Step # 8: Write the Argument
§1.12 Exercises in Designing and Personalizing Rules
Chapter 2: Reasoning: Deductive, Inductive, and Analogical
§2.1 Deductive Reasoning
§2.2 The Role of Relevancy in the Logical Argument
§2.3 Creating the “Legal” Argument: Adding “Proof”
§2.4 The Socrates Legal Argument
§2.5 Review: The Socrates Legal Argument
§2.6 The Role of Inductive Generalization in the Legal Argument
§2.7 The Role of Analogy in Legal Argument
§2.8 The Limited Value of the Holding: The Case of the Green Apple
§2.9 Designing a Rule from Several Cases: Inductive Reasoning Strikes Again
§2.10 Using Deductive and Analogical Reasoning: Applying the Generalized Rule to Our Case
§2.11 Exercises—Determining a Legal Rule: Inducing a Rule from Several Cases 18
Chapter 3: Language and Relevancy
§3.1 Language and Relevancy in the Legal Argument
§3.2 How Punctuation Impacts Relevancy
§3.3 Grammar Ain’t Wimpy, Neither
§3.4 But What about the Smoking Monkey?
§3.5 Exercises
Chapter 4: From Reasoning to Writing: Organizing Our Thoughts
§4.1 Organize the Argument by the Rule and Legal Elements
§4.2 No Ping-Ponging Please: Do Not Organize the Argument by Cited Cases
Chapter 5: Sources of Law; Reading and Interpreting Cases
§5.1 Sources of Law
§5.2 What Is a Case?
§5.3 Binding Authority
§5.4 Persuasive Authority
§5.5 Determining the Rule of a Case
§5.6 Determining the Theory of a Case
§5.7 The Holding: Narrow versus Broad—Take Your Pick Robinson and Powell : Status Crimes?
§5.8 Smoker’s Battery?
§5.9 Discussing Cited Cases: An Introduction
§5.10 Exercises
Chapter 6: Using Cases Effectively
§6.1 When in Doubt, Cut It Out
§6.2 First : Lead with the Point—Thesis Rule Sentence
§6.3 Second : Include Only the Relevant Aspects of the Cited Case
§6.4 Third: Tie the Cited Case to Our Case by Leading with a Transitional Bold Assertion
§6.5 Exercise in Designing a FIHRR, a Rule-plus, and a Transitional Bold Assertion
Chapter 7: Examples of Using Cases in Writing a Memo or Brief
§7.1 From Thinking to Writing: A Step-by-Step Approach
§7.2 First Example: Memo Writing Using Analogical Reasoning
§7.3 Second Example: Brief Writing Using Analogical Reasoning and Counter-Argument
§7.4 Third Example: Memo Writing Developing a Rule from Many Cases
§7.5 Using Case Charts to Organize Information
§7.6 Where Do We Go from Here?
§7.7 Exercise in Designing a Case Chart and Designing a Rule from Multiple Cases
Section II: Predictive Analysis: Designing the Legal Memo
Chapter 8: The Legal Memo: Preliminary Matters
§8.1 Function and Design
§8.2 Preliminary Steps in Writing the Memo
§8.3 Organizing and Outlining
§8.4 Writing the Memo
Chapter 9: Question Presented and Brief Answer
§9.1 Overview of the Question Presented
§9.2 Legal Questions
§9.3 Fact-Based Questions
§9.4 Brief Answer
§9.5 Exercise in Designing a Question Presented and Brief Answer
Chapter 10: The Facts
§10.1 The Facts: An Overview
§10.2 Level of Detail
§10.3 Writing the Facts
§10.4 Exercise in Writing the Facts
Chapter 11: The Discussion
§11.1 The Discussion: An Overview
§11.2 Preliminary Steps in Writing the Discussion: Creating an Outline and Issue Boxes
§11.3 Design of the Discussion Section
§11.4 The Global Introduction
§11.5 Organizing Multiple Issues
§11.6 Writing the Discussion
§11.7 Statutory Interpretation Without Case Law
§11.8 Case Law Interpretation of a Statute
§11.9 Case Law Analysis Involving a Synthesized Rule
§11.10 Case Law Analysis Using Analogical Reasoning
§11.11 Exercise in Writing a Discussion Section
Chapter 12: The Conclusion and Authorities Cited
§12.1 The Conclusion
§12.2 Authorities Cited
§12.3 Exercise in Writing the Conclusion and Authorities Cited
Section III: Persuasive Analysis: Designing the Brief and Oral Argument
Chapter 13: Introduction to Appellate Advocacy
§13.1 The Appellate Process
§13.2 Professional Practice, Ethics, and Court Documents
§13.3 The Appeal
§13.4 Grounds of Appeal
§13.5 An Overview of the Process
§13.6 The Steps of the Appellate Process
§13.7 The Function of the Brief and of Oral Argument in Appellate Practice
Chapter 14: The Appellate Brief
§14.1 Purpose of Briefs
§14.2 Purpose of Procedural Rules Regarding Briefs
§14.3 How Not to Write a Brief: A Dozen Ways to Lose an Appeal
§14.4 Overview
Chapter 15: Statement of the Case and Facts
§15.1 Purpose and Context of the Statement of the Case and Facts
§15.2 Format
§15.3 Developing a Theory of the Case
§15.4 Writing the Statement of Facts
§15.5 A Flow Chart for Writing the Statement
§15.6 The Sample Briefs
§15.7 Exercises in Writing a Statement
Chapter 16: Standards of Review
§16.1 Overview: The Standards of Review
§16.2 Standard of Review for Questions of Fact: Clearly Erroneous or Substantial Evidence
§16.3 Standard of Review for Discretionary Rulings: Abuse of Discretion
§16.4 Standard of Review for Questions of Law: De Novo
§16.5 Harmless Error
§16.6 Strategic Use of the Standards of Review
§16.7 Exercise in Identifying the Standard of Review
Chapter 17: Questions Presented
§17.1 Purpose, Context, and Format of the Question Presented
§17.2 The Design of the Question Presented
§17.3 What Not to Do in Writing the Question Presented
§17.4 The Complex Case
§17.5 Procedure for Writing the Question Presented
§17.6 Further Examples of Questions Presented
§17.7 Exercise in Designing a Question Presented
Chapter 18: Argument Headings
§18.1 What Are They?
§18.2 Context
§18.3 Format and Design
§18.4 Main Headings and Subheadings
§18.5 Strategies in Writing Argument Headings
§18.6 Common Errors in Writing Headings
§18.7 A Warning: How a Judge May Read Headings
§18.8 Examples of Argument Headings from the Texas v. Johnson Case
§18.9 Further Argument Heading Examples
§18.10 Exercise in Designing an Argument Heading
Chapter 19: Summary of Argument
§19.1 Purpose, Context, and Format
§19.2 Writing the Summary
§19.3 Exercise in Designing a Summary of Argument
Chapter 20: The Argument
§20.1 Purpose
§20.2 Context
§20.3 Format
§20.4 Differences Between the Argument Section of the Brief and the Discussion Section of the Memo
§20.5 Organizing Our Thoughts
§20.6 Writing the Argument
§20.7 Review Our Brief from the Reader’s Perspective
§20.8 Use a Respectful Tone
§20.9 Do Not Characterize Our Argument as Opinion
§20.10 Edit Our Work, Then Edit It Again, and Again, and Again, and Again
Chapter 21: The Other Parts of the Brief
§21.1 Caption Page
§21.2 Table of Contents
§21.3 Table of Authorities
§21.4 Opinion Below
§21.5 Jurisdiction
§21.6 Constitutional and Statutory Provisions
§21.7 Conclusion
§21.8 Certificate of Service
§21.9 Appendix
Chapter 22: The Oral Argument
§22.1 Purpose and Context of Oral Argument
§22.2 Procedural Matters
§22.3 Preparing for Oral Argument
§22.4 Presenting the Oral Argument
§22.5 Content of the Oral Argument
§22.6 Questions from the Bench
§22.7 Advocacy Techniques
Section IV: Beginning, Middle, and Ending
Chapter 23: The Blank Page: Tips on Getting Started
§23.1 The Ticking Clock
§23.2 If Time Permits, Go Away, Think of Something Else, Then Return
§23.3 When We Don’t Have Time to Wait
§23.4 Once We Have Some Idea Where We’re Headed, We Compartmentalize Our Analysis and Issues, Then Work Incrementally, Using the BaRAC Design
Chapter 24: Making It Shine: Editing Tips for the Memo and Brief
§24.1 Topic Sentences
§24.2 Citation 2
§24.3 Authorities
§24.4 Logic and Persuasion
§24.5 Paragraphs
§24.6 Sentences
§24.7 Quotation 3
§24.8 Footnotes
§24.9 Typos or Format Errors
§24.10 Consistency
Chapter 25: Citation, Quotation, and Style 1
§25.1 Citation and Legal Writing: An Introduction
§25.2 Citation Manuals; Court Rules
§25.3 Understanding and Using Citation: Some Basics
§25.4 Font, Spacing, and Italics
§25.5 When, Where, and What to Cite
§25.6 Signals, Short Cites, Quotations
§25.7 Common Quotation Errors
§25.8 Common Citation Errors to Avoid
Chapter 26: Case Briefing and Sample Analytical Brief of a Case 1
Chapter 27: Ethics and Professionalism
Section V: The Basics: Designing Clear and Effective Writing
Chapter 28: Brevity
§28.1 Keep Sentences Short
§28.2 Eliminate Throat-Clearing Phrases
§28.3 Eliminate “Clearly” and “Obviously”
§28.4 Eliminate Unnecessary “Hedging” Words
§28.5 Eliminate Surplus Words
§28.6 Make Affirmative Statements
§28.7 Exercises
Chapter 29: Artistry: Choosing the Right Words and Phrases
§29.1 Replace Abstract Words, Phrases, and Concepts with Concrete Examples
§29.2 Use Nouns and Verbs Rather than Adjectives and Adverbs
§29.3 Use Active Voice
§29.4 Use Base Verbs: Death to Derivative Nouns!
§29.5 Exercises
Chapter 30: Simplicity: Avoiding Confusion
§30.1 Make Clear What “It” Is and Use “It’s” Properly
§30.2 Make Clear What Each Clause Modifies
§30.3 Clear Up Vague, Ambiguous, or Awkward Sentences
§30.4 Exercises
Chapter 31: Impact: Making Every Word Count
§31.1 Select Words That Create a Favorable Bias
§31.2 Use Effective Sentence Structure and Stress Points
§31.3 Subordinate Unfavorable Facts and Strong Opposing Arguments
§31.4 Use Contrasting Elements to Minimize Unfavorable Facts or Arguments
§31.5 Use Effective Paragraphs
Chapter 32: Cohesion: The Power of Transitions
§32.1 What Is a Transition?
§32.2 Linking Transitions
§32.3 Substantive Transitions
§32.4 Using a Variety of Transitions
Chapter 33: Style: Writing with Elegance
§33.1 Write Parallel Structures
§33.2 Use the Correct Tense
Section VI: The Samples 1
Chapter 34: Court Opinion
Chapter 35: Legal Memo
Chapter 36: Lionell’s (Appellant’s) Brief 1
Chapter 37: Walker’s (Appellee’s) Brief
Chapter 38: Lionell’s Reply Brief
Appendix: Cases Used in Exercises 1
Index
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