The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved CHAPTER.

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The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved CHAPTER 11: LEGAL WRITING AND CRITICAL LEGAL THINKING

The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved LEARNING OBJECTIVE 11.1 Explain the process of critical legal thinking.

The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved CRITICAL LEGAL THINKING The process of identifying the issue, the material facts, and the applicable law and applying the law to come to a conclusion. Issue + Facts + Law = Conclusion

The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved LEGAL WRITING The purpose is to communicate, using the following process: research analysis organization writing editing proofreading

The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved LEGAL WRITING STYLES Common documents: memoranda briefs opinion letters

The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved LEGAL WRITING CONTINUED Remember the ABCs of Writing: Accuracy – proof and reproof Brevity – keep sentences short Clarity – use active voice for clear meaning

The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved LEARNING OBJECTIVE 11.2 Explain the ethical duty of candor toward the tribunal.

The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved DUTY OF CANDOR The ethical obligation to be honest with the court.

The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved LEARNING OBJECTIVE 11.3 Describe the similarities and differences between a memorandum of law and a court brief.

The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved MEMORANDUM OF LAW Heading Statement of the assignment Issue

The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved MEMORANDUM OF LAW CONTINUED Statement of facts Analysis and discussion Conclusion

The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved MEMO PREPARATION TIPS Never rely on case law headnotes Always check the language of the cases Check dates of cases and statutes Shepardize or update in other services Reveal and include negative information Cite all sources used Analyze opposing case law

The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved BRIEFS A brief is written for the court and is designed to persuade the court to accept the client’s position.

The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved LEARNING OBJECTIVE 11.4 Explain the need for proper citation form, and describe how to use it.

The Paralegal Professional, Fourth Edition Thomas F. Goldman | Henry R. Cheeseman Copyright © 2014 by Pearson Education, Inc. All Rights Reserved CITATIONS A legal citation is a reference to the source of the information that allows the reader to find the source. The Bluebook – the generally accepted authority for proper format ALWD – format written by the Association of Legal Writing Directors Universal Citation Format

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