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Legal Writing I & II: Legal Research and Writing & Introduction to Litigation Practice

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Ben Fernandez

Copyright Year: 2020

ISBN 13: 9798746520340

Publisher: Ben Fernandez

Language: English

Formats Available

Conditions of Use

Attribution-NonCommercial-ShareAlike Attribution-NonCommercial-ShareAlike
CC BY-NC-SA

Table of Contents

  • Copyright
  • Preface
  • Introduction
  • Part I: Objective Writing
    • 1. Sources of Law
    • 2. Legal Research 
    • 3. Briefing Cases
    • 4. Applying Cases and Analogical Reasoning
    • 5. Analyzing Statues and Marshaling Facts
    • 6. Citation
    • 7. IRAC
    • 8. Objective Legal Memoranda
    • 9. Other Examples of Legal Writing
    • 10. Improving Your Writing
  • Part II: Persuasive Essay
    • 11. Credibility
    • 12. Bias
    • 13. Ethical Rules for Advocacy
    • 14. Civil and Appellate Procedure
    • 15. Requirements for Civil Motions and Standards for Appeals
    • 16. Persuasive Writing
    • 17. Memoranda in Support of MOtions
    • 18. Motion Session
    • 19. Appellate Briefs
    • 20. Oral Argument
  • Appendix
  • Case Briefing Exercise
    • Clampitt v. Spencer
    • Eppler v. Tarmac
  • Sample Case Briefs
    • Clampitt v. Spencer Brief
    • Eppler v. Tarmac Brief
  • Case Analogy Exercise
    • Malczewski v. Florida
  • Sample Case Analogy
    • IRAC Exercise
    • Young v. Kirsch
    • State Farm V. Mosharaf
    • Southland v. Thousand Oaks
  • Sample IRAC
    • Legal Memorandum Exercise 
  • Sample Legal Memorandum
  • About the Author

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About the Book

Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice contains a brief discussion of all of the topics covered in a law school courses on legal writing, including a typical first semester course on legal research, analysis and writing an objective memorandum, as well as a second semester course on persuasion and writing an appellate brief, motion to dismiss or motion for summary judgment. The discussion focuses on the basics of analogical reasoning and persuasion and leaves out the minutiae. Each topic is taken one step at a time, with each step building on the step before it. The sources of law are presented first, then legal research, and reading and analyzing cases and statutes. The book covers analogizing a case to a fact pattern and marshaling the relevant facts to the elements of a statutory rule next. And then first section of the book concludes with legal citation, CRAC and CREAC, and writing a legal research memorandum. The text also includes a lot of samples and examples of how the author would write a case brief, a legal memoranda and an appellate brief, as well as an appendix with charts, outlines and exercises students can use to practice these skills. Legal Writing I & II; Legal Research and Writing & Introduction to Litigation Practice covers all the skills students need to know to work at a law firm, and everything students have to learn to begin practicing in litigation department of a firm.

About the Contributors

Author

Ben Fernandez, University of Florida Levin College of Law

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