Writing a legal brief explained

Read the case carefully and thoroughly to describe the case accurately.

Drafting a Brief to a Court

Our recommendation is a mechanical pencil. The choices you make will be informed by the nature and level of complexity of the legal issue that you are arguing, the formality and public nature of advocacy to a court, and the needs and expectations of your audience - a jurist or panel of judges who are facing heavy court dockets and who will expect a clear and cogent presentation of your legal and factual case theories.

The techniques in the remainder of this section will describe ways to make full use of your highlighters. There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers.

Lloyd Sealy Library

They will need their work from the Explore Lesson in which they learned the parts of the legal brief, the statement of stipulated facts and applicable law from Ricki Jones v.

Give it a good dramatic reading. Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial.

Content may not be reproduced without permission. Use transitional devices; varied sentence structures; active voice; parallel structures; supporting details, phrases, and clauses; and correct spelling, punctuation, capitalization, grammar, and usage to sharpen the focus and clarify the meaning of writing PO 1.

Remember, the skills you develop in law school will follow you to practice. S5 ] Slocum, R. Will the Internal Revenue Service allow Goliad to claim a charitable deduction for the value of the rent-free lease.

As in the case of office memoranda, keeping the needs and expectations of your audience in mind is a key skill for drafting an effective brief to a court.

Capture that provision or debated point in your restatement of the issue.

How to Write a Legal Brief

In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. The statement of the facts should not be convoluted — it should offer a clear, concise description of the circumstances giving rise to and surrounding the case.

So, at this point your students are well-prepared for their task. Excerpt reproduced from Introduction to the Study of Law: For quick reference, first state the answer in a word or two, such as "yes" or "no. In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements: If you ever find yourself getting sick of looking at your work product and starting to do something rash such as throwing your hands up and just turning it in at that moment, pull yourself up short.

Collaborate with peers to create a document which incorporates information relevant to the project that was collected from multiple sources English Education Standard W-P1. H36 ] Putman, W.


Garner is the president of LawProse Inc. In support of her motion for summary judgment, Julie includes in her memorandum the following: What does it show about judicial policymaking. Combine book research with computer research.

This section of the case brief may be the most important, because you must understand the court's reasoning to analyze it and to apply it to other fact situations, such as those on the exam. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete.

Briefs, Legal Memoranda and Legal Writing

Whatever you choose to do, make sure that it works for you, regardless of what others recommend. Did the court decide in favor of the plaintiff or the defendant. Therefore, you should describe the analysis in your case brief. LEGAL RESEARCH, LEGAL WRITING, AND practice law. I would put all this knowledge into a magic brief-case.

Then when a client came to see me with a problem, I would reach into my magic briefcase and pull out the obvious answer! I was wrong. First, no one could ever memorize enough law to.

Briefs, Legal Memoranda and Legal Writing. A brief, in this context, is a form of taking notes and includes a variety of sections. When writing a case brief, begin with the name and citation of the case.

As explained above, all attorneys have an ethical duty to inform the court of authority contrary to their position; therefore, it is.

An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting the issues involved in the case from the perspective of one side only.

LEGAL RESEARCH, LEGAL WRITING, AND practice law. I would put all this knowledge into a magic brief-case. Then when a client came to see me with a problem, I would reach into my magic briefcase and pull out the obvious answer! I was wrong. First, no one could ever memorize enough law to.

recurring brief writing misconceptions and errors can assist lawyers in assessing the effectiveness of a brief from the perspective of the intended reader.

This This key legal writing concept is explained in some form in most legal writing textbooks. See, e.g., EDWARDS, supra note 6. They will follow the format for writing a legal brief that was learned in the Explore Lesson and incorporate the legal, scientific, and environmental information that .

Writing a legal brief explained
Rated 0/5 based on 46 review
How to Write a Legal Brief (with Pictures) - wikiHow