By On Oct 04, 2018 Form Templates
YFind out what the standards are for citing authority in your jurisdiction. In California, lawyers follow the California Style Manual. In New York, they should (but frequently dont) follow the New York Law Reports Style Manual. In Texas, every knowledgeable practitioner follows the Texas Rules of Form. Other states have their own guides. And, of course, The Bluebook and the ALWD Guide to Legal Citation are widely used as defaults (and sometimes required by court rules). Even if you are not inclined to care much about these things, you better learn to obsess over them. Otherwise, you will look unschooled.
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.
Its not enough to summarize. You must summarize in a way that every conceivable reader—not just the assigning lawyer—can understand. So dont write your issue this way: "Whether Goliad can take a tax deduction on the rent-free space granted to Davidoff under I.R.C. § 170(f)(3)?" Thats incomprehensible to most readers because its too abstract and it assumes insider knowledge. Also, it doesnt show any mastery of the problem.
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