By On Oct 11, 2018 Form Templates
The structure is important, Hill says. “In order for our logical syllogism or rule-based reasoning to work, the legal writer needs to prove or provide all of the rules and sub-rules and any exceptions, along with any case exceptions before applying the law to the facts of your case and making any comparisons to precedent.” Judges and other legal readers do not like surprises, she says. “They do not want you to include new law in the application section or any exceptions to the rule after you start applying that rule to your facts. So this form will give the reader comfort and confidence.”
Law school exams encourage students to use the one-hand-other-hand approach: The outcome could be this, or it could be that. Even experienced lawyers sometimes hedge needlessly. This approach can look wishy-washy. Whats wanted is your best thought about how a court will come down on an issue.
Combine book research with computer research. Dont overlook such obvious resources as Corpus Juris Secundum and American Jurisprudence. Look at indexes, digests and treatises to round out your understanding of the subject matter. And when it comes to computer research, dont forget Google Books (especially the advanced-search function): It can open up a great variety of fresh resources in addition to what you find with Westlaw or Lexis.
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