1. Kaplan University PA205: Introduction to Legal Analysis Unit 8 Seminar: Good Legal Writing

2. Written Assignment For your writing assignment, you will submit the Applicable Statute section, Discussion section, and Conclusion section. Be sure to use proper Bluebook citations for all cases cited in your assignment this week. You do not know the citation to the applicable statute; you may simply indicate “(citation)”. For your writing assignment, you will submit the Applicable Statute section, Discussion section, and Conclusion section. Be sure to use proper Bluebook citations for all cases cited in your assignment this week. You do not know the citation to the applicable statute; you may simply indicate “(citation)”.

3. Written Assignment Applicable Statute Section. Applicable Statute Section. This section simply identifies the applicable statute. In Bibe, you have been provided the text of a statute that is applicable to the situation. All you need do is quote the text of the statute and indicate (citation) because you don’t have the actual citation. You need not analyze or interpret the statute in this section, although some writers do prefer to indicate the major elements of the statute. This section simply identifies the applicable statute. In Bibe, you have been provided the text of a statute that is applicable to the situation. All you need do is quote the text of the statute and indicate (citation) because you don’t have the actual citation. You need not analyze or interpret the statute in this section, although some writers do prefer to indicate the major elements of the statute.

4. Written Assignment Discussion Section. Discussion Section. This section is the body of your memorandum. It is in the discussion that you explain existing law and how it is likely to be applied to the facts. This is arguably the most important section in your memorandum, because it is here that you inform the reader of both what the law provides and how and why it is likely to be applied to the facts and circumstances of the present situation. This section is the body of your memorandum. It is in the discussion that you explain existing law and how it is likely to be applied to the facts. This is arguably the most important section in your memorandum, because it is here that you inform the reader of both what the law provides and how and why it is likely to be applied to the facts and circumstances of the present situation.

5. Written Assignment Discussion Section. Discussion Section. The text includes a tremendous discussion of the components of a good discussion, as well as advice regarding how to effectively present your discussion and conclusions. It’s important to keep in mind that your goal is to inform, not to persuade. Your job is to objectively present the law, and suggest – based on how the law has been applied in existing cases – how it will be applied in this situation. The text includes a tremendous discussion of the components of a good discussion, as well as advice regarding how to effectively present your discussion and conclusions. It’s important to keep in mind that your goal is to inform, not to persuade. Your job is to objectively present the law, and suggest – based on how the law has been applied in existing cases – how it will be applied in this situation.

6. Written Assignment Discussion Section. Discussion Section. Don’t get confused by the fact that the statute that is applicable to the Bibe situation was not applicable in any of the cases. The statute is applicable law; the cases help to interpret the provisions of the statute. For example, we have discussed the issue regarding whether Bibe was “entirely without understanding” as required by the statute. Since the statute doesn’t define that term, it is necessary to use existing cases to suggest the definition, by analogy. What factors did the courts consider, when deciding if a person in each of those cases was able to understand what he was doing when he signed the contract or document in question? How do the facts in each case compare to those in Bibe? Don’t get confused by the fact that the statute that is applicable to the Bibe situation was not applicable in any of the cases. The statute is applicable law; the cases help to interpret the provisions of the statute. For example, we have discussed the issue regarding whether Bibe was “entirely without understanding” as required by the statute. Since the statute doesn’t define that term, it is necessary to use existing cases to suggest the definition, by analogy. What factors did the courts consider, when deciding if a person in each of those cases was able to understand what he was doing when he signed the contract or document in question? How do the facts in each case compare to those in Bibe?

7. Written Assignment Discussion Section. Discussion Section. Remember that you should analyze each major issue separately. We have identified two primary issues: one, focused on whether Bibe can avoid the contract by means of the statute, and one focused on whether Lotts obtained the contract by means of fraud or undue influence/duress. Don’t commingle the discussion of the two issues! Introduce and analyze one issue fully before moving on to the next. Remember that you should analyze each major issue separately. We have identified two primary issues: one, focused on whether Bibe can avoid the contract by means of the statute, and one focused on whether Lotts obtained the contract by means of fraud or undue influence/duress. Don’t commingle the discussion of the two issues! Introduce and analyze one issue fully before moving on to the next. Remember also that each primary issue will contain sub-issues. For example, whether Bibe can avoid the contract by means of the statute requires a discussion of the elements of the statute. But to analyze the statutory elements requires one to identify the sub- issues. The statute, for example, provides that a person who is entirely without understanding cannot make a contract. But what does “entirely without understanding” mean? What will Bibe be required to show, in order to prove that he was entorely without understanding? This requires analysis of the detailed issues and facts that are similar to or distinguishable from the issues and facts in the five cases. Remember also that each primary issue will contain sub-issues. For example, whether Bibe can avoid the contract by means of the statute requires a discussion of the elements of the statute. But to analyze the statutory elements requires one to identify the sub- issues. The statute, for example, provides that a person who is entirely without understanding cannot make a contract. But what does “entirely without understanding” mean? What will Bibe be required to show, in order to prove that he was entorely without understanding? This requires analysis of the detailed issues and facts that are similar to or distinguishable from the issues and facts in the five cases.

8. Written Assignment Conclusion Section. Conclusion Section. At the end of your discussion of each issue, you should state a probable conclusion. In the conclusion section of the memorandum, you should present those conclusions, without repeating the supporting analysis. The conclusion section is essentially a statement of conclusion with respect to each issue. At the end of your discussion of each issue, you should state a probable conclusion. In the conclusion section of the memorandum, you should present those conclusions, without repeating the supporting analysis. The conclusion section is essentially a statement of conclusion with respect to each issue.

9. Written Assignment Good Writing Is Focused and Gets to the Point Are you familiar with this text? Standing beneath this serene sky, overlooking these broad fields now reposing from the labors of the waning year, the mighty Alleghenies dimly towering before us, the graves of our brethren beneath our feet, it is with hesitation that I raise my poor voice to break the eloquent silence of God and Nature. But the duty to which you have called me must be performed—grant me, I pray you, your indulgence and your sympathy? No? What about this? Four score and seven years ago, our fathers brought forth on this continent a new nation, conceived in Liberty, and dedicated to the proposition that all men are created equal. The first excerpt is taken from what was supposed to be the G ettysburg Address—the oration of E dward Everett. It was the featured event at the battlefield’s dedication. The second excerpt is taken from brief remarks by President Abraham Lincoln, which were expected to be little more than a footnote to Everett’s speech. However, Lincoln’s speech has been remembered throughout history, and Everett’s has been forgotten. Both men spoke about the same set of facts and for the same purpose. Both men were eloquent. But Lincoln’s speech was concise and focused, getting right to the heart of the matter. Lincoln’s entire address summed up four years of strife and bloodshed while establishing a new course for the nation in less than 300 words. Everett, by contrast, used 74 words just to let people know the geographic location where he spoke. His entire speech was more than 13,000 words long—or 40 times the length of Lincoln’s. By getting to the point, avoiding unnecessary words and digressions, following a logical progression of ideas, and concluding with a restatement of the original point, Lincoln’s Gettysburg Address demonstrates the features of good writing.

10. Written Assignment How to Structure an Argument Much of what you learned about writing in grade school or high school is applicable to legal writing. In particular, at the most basic level, every piece of informative or persuasive writing should have an introduction or overview, a body, and then a summary or conclusion. In other words, you should tell readers what you are going to tell them, tell them, and then tell them what you told them. Why should you follow this approach? Telling readers what you are going to tell them prepares your readers by providing a framework into which they can place the information. Cognitive science (the science of thought and how the brain works) teaches that people learn best when they can fit facts and concepts into a logical framework—one that shows connections and relationships. Telling readers what you are going to tell them provides that framework. Telling them is the presentation of the information and argument. Telling them what you told them reinforces the connections between different concepts and facts. It also provides an opportunity to highlight the most important information or concepts—the ones you want your readers to remember and think about. This structure is recursive, which means that it repeats key information and concepts. Repetition is good for understanding and retention. Your document as a whole should follow this structure, and every major section and subsection should follow the same organization, down to the level of individual paragraphs. In longer paragraphs, you will first introduce the paragraph’s content, elaborate on the content, and then finally summarize the paragraph in the classic topic sentence/supporting ideas/concluding sentence format.

11. Written Assignment How to Structure an Argument IRAC Telling readers what you are going to tell them = Issue or Question Presented and Short Answer, and Rule of Law Telling them = Analysis or Discussion Telling them what you told them = Conclusion

12. QUESTIONS?