chapter 14 legal writing: writing to inform. the bluebook rule 4 – common short citations id.: use...

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CHAPTER 14 CHAPTER 14 Legal Writing: Writing to Legal Writing: Writing to Inform Inform

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Page 1: CHAPTER 14 Legal Writing: Writing to Inform. The Bluebook Rule 4 – Common Short Citations Id.: Use when citing the immediately preceding legal authority

CHAPTER 14CHAPTER 14

Legal Writing: Writing to Legal Writing: Writing to InformInform

Page 2: CHAPTER 14 Legal Writing: Writing to Inform. The Bluebook Rule 4 – Common Short Citations Id.: Use when citing the immediately preceding legal authority

The BluebookThe BluebookRule 4 – Common Short CitationsRule 4 – Common Short Citations

Id.: Use when citing the immediately Id.: Use when citing the immediately preceding legal authoritypreceding legal authority

Page 3: CHAPTER 14 Legal Writing: Writing to Inform. The Bluebook Rule 4 – Common Short Citations Id.: Use when citing the immediately preceding legal authority

The BluebookThe BluebookRule 4 – Common Short CitationsRule 4 – Common Short Citations

Case CitationsCase Citations

Roe v. Wade Roe v. Wade 410 U.S. 113, 121 (1973).410 U.S. 113, 121 (1973).

May be cited as:May be cited as: WadeWade, 410 U.S. at 121., 410 U.S. at 121. 410 U.S. at 121.410 U.S. at 121. Id. At 121Id. At 121

Note: Supra is not an approved Note: Supra is not an approved Bluebook Bluebook citationcitation

Page 4: CHAPTER 14 Legal Writing: Writing to Inform. The Bluebook Rule 4 – Common Short Citations Id.: Use when citing the immediately preceding legal authority

Types of Legal Research Types of Legal Research DocumentsDocuments

Memorandums of lawMemorandums of law Opinion lettersOpinion letters Memorandums of points and Memorandums of points and

authoritiesauthorities Trial briefsTrial briefs Appellate briefsAppellate briefs

Page 5: CHAPTER 14 Legal Writing: Writing to Inform. The Bluebook Rule 4 – Common Short Citations Id.: Use when citing the immediately preceding legal authority

The Memorandum of LawThe Memorandum of Law Is an explanation of the law Is an explanation of the law

governing a specific situationgoverning a specific situation Typical format:Typical format:

FactsFacts IssuesIssues DiscussionDiscussion Conclusion Conclusion

Note: Some attorneys prefer Note: Some attorneys prefer information in a different order so be information in a different order so be sure to determine the required formatsure to determine the required format

Page 6: CHAPTER 14 Legal Writing: Writing to Inform. The Bluebook Rule 4 – Common Short Citations Id.: Use when citing the immediately preceding legal authority

The Memorandum of LawThe Memorandum of Law

Determine if the situations are Determine if the situations are controlled by statutory law or case controlled by statutory law or case

lawlaw

Page 7: CHAPTER 14 Legal Writing: Writing to Inform. The Bluebook Rule 4 – Common Short Citations Id.: Use when citing the immediately preceding legal authority

The Memorandum of LawThe Memorandum of LawStating and Organizing the FactsStating and Organizing the Facts

ChronologicallyChronologically By partyBy party By cause of actionBy cause of action

The statement of facts is prepared The statement of facts is prepared after after the research is completedthe research is completed

Page 8: CHAPTER 14 Legal Writing: Writing to Inform. The Bluebook Rule 4 – Common Short Citations Id.: Use when citing the immediately preceding legal authority

The Memorandum of LawThe Memorandum of LawThe Discussion SectionThe Discussion Section

Explains the results of the researchExplains the results of the research

States rules of law through:States rules of law through: Case lawCase law Statutory lawStatutory law

Page 9: CHAPTER 14 Legal Writing: Writing to Inform. The Bluebook Rule 4 – Common Short Citations Id.: Use when citing the immediately preceding legal authority

The Memorandum of LawThe Memorandum of Law

Cite authorities accurately and completelyCite authorities accurately and completely

Include a conclusion or brief answer Include a conclusion or brief answer section summarizing your findings section summarizing your findings

Consider attaching copies of major cases Consider attaching copies of major cases and/or statutes as additional and/or statutes as additional documentationdocumentation

Page 10: CHAPTER 14 Legal Writing: Writing to Inform. The Bluebook Rule 4 – Common Short Citations Id.: Use when citing the immediately preceding legal authority

Opinion LettersOpinion Letters

Written to a client or attorney Written to a client or attorney explaining a client’s legal positionexplaining a client’s legal position

Explain the law but avoid legal jargonExplain the law but avoid legal jargon

Include accurate and complete Include accurate and complete citations for future reference, if citations for future reference, if necessarynecessary