This is chapter 5 of the course LA 201. This chapter covers the Analysis and Legal Research. These notes are very thorough, organized, and color-coded. They include notes taken from the book (black) and notes from in class (red). I made an A in this class and made 100's or above on all tests, inclu...
● Using the Law: Analysis and Legal Writing
Once you complete your research, you must analyze your results and communicate your findings to the appropriate person.
Legal Analysis- the process of comparing and contrasting facts and legal issues
○ Compare the facts of a client's case with the elements of a statute
○ Compare the facts and issues of a client's case with the facts and issues of a reported case
●
An Approach to Legal Research Analysis and Writing Project
○ What exactly is the research project? What is your goal?
● -Academic (Law Journal or Writing Class)
-Memo for work
-Persuasive for the Court (Briefs)
○ Who is the reading audience?
● -Teacher/Evaluator
-Colleague/Boss
-Judge
○ What legal issues does the research explore?
● -Framed as a question for academic writing
-Framed as a statement for memoranda or briefs
○ How will the reading audience benefit from the results of the research?
● -Contribute to body of scholarship
-Present arguments objectively to boss/colleague
-Hear the law in the light most favorable to your client for judge
○ List the most important points you must get across to your audience.
● -Diagram the project; use outlines to visually represent the structure and importance of each point
-Visually represent a ranking or hierarchy of point (highlight the top two or three ideas or facts; write the essentials in ALL CAP
○ List the legal authority that supports each point listed in question 5.
○ Which citation manual must be followed?
● -In legal contexts almost always The Bluebook- a uniform system of citation
○ Is there a length restriction? If so, what is it?
● -Your project can be completed in the specified parameters. Do not exceed them.
○ How long is your current draft?
● -There's a decent chance it needs to be edited.
○ When must this project be completed?
● -Probably should have asked this as, like, a question #2!
Preparing a First Draft
○ Reread the directions and ask yourself
○ Do I understand the assignment?
○ Do I have a mental picture of the document?
○ Do I have a deadline?
, ○ Are there other special instructions?
○ Begin the project only after framing clear answers to the preceding questions.
○ Begin the project in a logical fashion.
○ Use key ideas to create a rough outline with lots of space for filling in details
○ Fill in with key words and phrases
○ Make a list of problem areas/research questions
○ Concisely state the facts
○ Choose one section of the project and begin writing the first draft.
○ Complete one section of the first draft before moving on to another section.
● -As you complete further analysis, refine your statement of facts or procedural history
-Compare each section to the others to ensure that you are neither repeating yourself nor omitting arguments or facts that
make more sense in an earlier portion of the draft
-Use topic sentences- Summarize paragraphs or sections; serve as sign-posts drawing reader's eyes to the topic
-Use active voice
-As much as practical, cite everything and avoid your own opinions
-Avoid "noise" words- cut down unnecessary words
-Check spelling and grammar
-Break up sentences that are too long
○ If chronology will not be particularly helpful to the reader, do not use it in the final copy.
○ If you are summarizing a document, is it written in a specific format or order?
○ Go back to the directions.
● -Am I doing what I was assigned to do?
○ At this point, put your draft away for 24-48 hours.
○ Make the necessary corrections and put the document aside.
●
Basic Legal Writing
○ Use topic sentences
○ Use active voice
○ Avoid noise words
○ Use front-loaded sentences
○ Use short sentences
●
Beginning the Writing Process
Order the pieces into the appropriate structure
Intro:
○ Two or three sentences summarizing the case
●
Statement of Facts:
○ Who, what, when, where, why?
●
Issues:
○ States the question
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