Intro To Legal Writing

Structure! Structure! Structure! How you tell your client’s story is one of the most important factors in getting the court to understand your side and rule in your favor. Remember the telephone game? Remember how difficult it is to get people to repeat the original statement? Control the narrative, by discussing only the important facts!

Two Types of Arguments Rule-Based Arguments Case-Based Arguments Also called “analogous cases”

Rule-Based Arguments Rule-Based arguments are arguments that involve a direct application of the legal rule. Use when the application of the rule is relatively simple, and does not require an elaborate explanation. When you have to explain the rule using examples, do not use this type of argument.

Example Rule: A person commits assault when he or she intentionally makes someone fear an immediate harmful or offensive contact. Rule Application: Tiger Wood’s ex-wife committed assault when she intentionally chased Tiger Woods with a baseball bat, which put him in fear of bodily harm.

Case-Based Arguments A case-based argument is one that involves the use of rule statement, followed by an example from a case. Case-based arguments are used in brief writing, and for complex arguments. Based on the theory that if a court says one thing in a prior case, it will likely do the same in a future case.

Example Rule: False Imprisonment occurs when someone intentionally and wrongfully confines another person against his or her will. Case: Acme v. Taylor – The court held that Acme falsely imprisoned Taylor when he locked Taylor in his basement against his will for five days.

Example Continued CASE-BASED ARGUMENT: Ms. Blackburn falsely imprisoned the freshmen when she locked them in detention for 10 hours. This is similar to Acme v. Taylor, where the court held that Acme falsely imprisoned Taylor when he locked Taylor in his basement against his will for five days. Therefore, the court should find that false imprisonment is established.

Don’t forget about IRAC BACK TO STRUCTURE Don’t forget about IRAC

I - Issue R - Rule A - Analysis C - Conclusion

Issue - Buzzwords Whether (crime is established) when (facts). If (crime is established) when (facts).

Rule - Buzzwords To satisfy the elements of (crime) a court must find… (crime) is established when… (crime) occurs when…

Analysis - Buzzords Here, … In this case, … In this scenario,…

Conclusion - Buzzwords Thus, … Therefore, … Based on the above analysis, … A court will likely find (crime is established/not established) because…

Your Turn! You got This!