1. Organization: Pre-Writing
The “pre-writing” stage is where you organize your thoughts. It should be done before you’ve started writing your legal document.
This can take the form of a summary or outline.
At a minimum, an outline should cover:
The pertinent facts of the case
The issues you need to cover
The rules/research relevant to those issues
The manner in which you intend to apply the rules to the facts of your case
Your anticipated conclusion
Advanced Legal Analysis and Writing Class 6

2. Organizing Your Writing
Make sure to discuss each issue separately. Even if one case discusses multiple issues, treat them separately and even in separate outlines.
Even if two issues are interrelated, treat them as separate issues for purposes of your outline and writing.
Don’t worry about duplicating discussion of interrelated issues – it’s better than confusing issues.
By the same token, deal with each sub-issue relevant to each issue separately, to the same extent that you would deal with each issue separately.
Advanced Legal Analysis and Writing Class 6

3. Advanced Legal Analysis and Writing Class 6
Handling Each Issue
In dealing with each issue:
First describe the applicable law. Don’t apply it yet; just state it, with appropriate citations, quotes, etc.
Second, state the reasons the cited law supports your arguments.
Third, anticipate counterarguments
Fourth, explain why the law you cited refutes or does not support the counterarguments.
Where there is more than one issue, handle the issues in logical order:
Where one issue builds up to a second, deal with that issue first
Preliminary issues (e.g., jurisdiction) should be discussed first.
Advanced Legal Analysis and Writing Class 6