1. Advanced Legal Writing

2. 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.

3. 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 *

4. 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

5. 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

6. 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?

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

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

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

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

11. 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

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

13. 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

14. 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)

15. 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

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

17. 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

18. 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.

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