Advanced Legal Writing

Part One - Introduction Set the stage for your case. What happened, who are the parties, what was the decision (what is current status of case) What is the issue before the court *resources – primary authority *introduction section that introduces some analysis *Give your opinion early on after it is formulated.

Part Two – Legal Background Lay the legal groundwork of the decision *Explain in basic terms what is at issue *Explain from basic terms to more narrow terms *Approach like you are teaching me the law *Use secondary authority here – encycl., treatises, restatement, ALR *www.scotusblog.com

Part Three – What are both sides of the argument Present the issue from both sides and why both could be right. *cases that have a lower opinion – reference that *cases that have appellate briefs – reference that (1) plaintiff/winning decision (2) defendant/losing decision *why both sides could be right and why they are wrong *strengths and weaknesses – policy arguments, practical considerations, etc. *Resources – primary law, periodicals

Part Four – Your conclusion/analysis What do you think of the outcome AND WHY DO YOU THINK THAT WAY. Really explain why you think one side should win What was most convincing and why How would you refute the other losing arguments *err on the side of writing a lot here and explaining your answer *reference all the previous sections of your paper

Things to Note about Secondary Authority Why use it / Why avoid it Narrow or Specific coverage? Persuasive or Opinionated? Who wrote it and how is it put together How is it organized? Chronologically or by Topic? How to cite it?

Encyclopedias Alphabetical Arraignment of Topical Legal Information *American Jurisprudence is the standard example *Organized by Topic – Each book is a separate topic of law

Citation for Encyclopedias 68 Am. Jur. 2d Schools § 317 (2001). Page 23 of Bluebook

Treatises Commentary on a particular subject published in book form Textbooks, Hornbooks, Nutshells Based on one topic of law only

Citations for Treatises Arnold H. Loewry, Criminal Law in a Nutshell 152 (West Group eds., 3d ed. 2000) Page 138/149 of Bluebook

Periodicals A legal publication that comes out on a regular interval that discusses current legal topics Legal magazines, Law Reviews, Bar Journals Published chronologically, not always by legal topic

Citations for Periodicals Richard Falk, What Comes After Westphelia: The Democratic Challenge,13 Widener L. Rev. 243 (2007). Page 149 & 510 of Bluebook

American Law Reports Source that provides annotations and a synopsis of related cases in different jurisdictions on a factual nuance of the law American Law Reports is the standard source Published chronologically, not by topic

ALR Citations Phoebe Carter, Annotation, Employer’s Liability for Assault, Theft or Similar Intentional Wrong Committed by Employee at Home or Business of Customer, 13 A.L.R.5th 517 (1993)

Commentary that is a Practical Guide to the Common Law Restatement Commentary that is a Practical Guide to the Common Law Includes Rules, Comments, and Illustrations Restatement is the standard source Organized by Topic

Restatement Citations Restatement (Second) of Agency § 7.07 (2006)

Secondary Authority Short Form Rules Subsequent Citations are still Id. *Authorities with page numbers are “Id. at 500” *Authorities with section numbers are “Id. at § 7.07” *Intervening Citations use the word supra *Authorities with authors are “Bendistis, supra, at 500”. *Authorities without authors are “15 Am. Jur. 2d, supra, § 42” *Restatement does not use supra

Short Form example Kristine Cordier Karnezis, Annotation, Construction and Application of Provision of Fair Debt Collection Practices Act Concerning Use of Language or Symbol on Mailed Envelope, 15 U.S.C.A. § 1692f(8), 5 A.L.R.2d 605 (2015). Id. at 606. Karnezis, supra, at 608.

Short form example 28 Am.Jur.2d Escrow § 44 (2015). Id. § 44. 28 Am.Jur.2d, supra, § 44. Restatement (Second) of Agency § 7.07 (2006). Id. Restatement (Second) of Agency § 7.07.