CHAPTER 14 Legal Writing: Writing to Inform

The Bluebook Rule 4 – Common Short Citations Id.: Use when citing the immediately preceding legal authority Id.: Use when citing the immediately preceding legal authority

The Bluebook Rule 4 – Common Short Citations Case Citations Roe v. Wade 410 U.S. 113, 121 (1973). May be cited as: Wade, 410 U.S. at 121. Wade, 410 U.S. at U.S. at U.S. at 121. Id. At 121 Id. At 121 Note: Supra is not an approved Bluebook citation Note: Supra is not an approved Bluebook citation

Types of Legal Research Documents Memorandums of law Memorandums of law Opinion letters Opinion letters Memorandums of points and authorities Memorandums of points and authorities Trial briefs Trial briefs Appellate briefs Appellate briefs

The Memorandum of Law Is an explanation of the law governing a specific situation Is an explanation of the law governing a specific situation Typical format: Typical format: Facts Facts Issues Issues Discussion Discussion Conclusion Conclusion Note: Some attorneys prefer information in a different order so be sure to determine the required format Note: Some attorneys prefer information in a different order so be sure to determine the required format

The Memorandum of Law Determine if the situations are controlled by statutory law or case law

The Memorandum of Law Stating and Organizing the Facts Chronologically Chronologically By party By party By cause of action By cause of action The statement of facts is prepared after the research is completed The statement of facts is prepared after the research is completed

The Memorandum of Law The Discussion Section Explains the results of the research Explains the results of the research States rules of law through: States rules of law through: Case law Case law Statutory law Statutory law

The Memorandum of Law Cite authorities accurately and completely Cite authorities accurately and completely Include a conclusion or brief answer section summarizing your findings Include a conclusion or brief answer section summarizing your findings Consider attaching copies of major cases and/or statutes as additional documentation Consider attaching copies of major cases and/or statutes as additional documentation

Opinion Letters Written to a client or attorney explaining a client’s legal position Written to a client or attorney explaining a client’s legal position Explain the law but avoid legal jargon Explain the law but avoid legal jargon Include accurate and complete citations for future reference, if necessary Include accurate and complete citations for future reference, if necessary