清晰而有效的法律寫作Clear & Effective Legal Writing, 3E

內容概要

The new edition of this concise and highly accessible text continues to provide a classic introduction to legal writing. Clear, effective writing guidelines, pertinent examples, sample documents, and exercises are combined with a focus on the legal memorandum and brief to reinforce essential writing skills.

書籍目錄

PrefaceAcknowledgmentsIntroduction  A. The Importance of Legal Writing  B. Some Comments on the Way This Book Is Organized and WrittenPart Ⅰ Learning to Read Legal Materials  1.A Short History of Legal Language    A. Characteristics of Traditional Legal Writing      1. Poor Writing      2. Archaic Constructions    B.  Why Legal Writing Is the Way It Is    C.  Foundations of Legal Writing      1. Historical Factors      2. Sociological Factors      3. Political Factors      4. Jurisprudential Factors    D.  Attitudes Toward Traditional Legal Writing      1. Conservative Audiences      2. Forms and Model Documents      3. Memos and Briefs  2.Categories of Legal Writing  3.Sources of Law and Our System of Courts  4.The Litigation Process    A.  Preparing and Serving the Complaint                      Sample Complaint    B.  Pretrial Proceedings and Procedures      1. Responsive Pleadings: Responding to the Complaint        a. The Answer          Sample Answer        b. Motion to Dismiss        c. Motion for Summary Judgment      2. Discovery: Discovering What Happened        a. Interrogatories        b. Depositions        C.  The Trial Brief        D.  The Trial          1. Selecting the Jury          2. Opening Statements          3. The Cases-in-Chief          4. Motions after the Cases-in-Chief          5. Rebuttal          6. Closing the Trial          7. Motions Following the Verdict            a. Motion for a Judgment Notwithstanding the Verdict            b. Motion for a New Trial  5.Reading, Analyzing, and Briefing a Case    A.  How to Approach a Case: A Primer    B.  Case Briefs      1. What Is a Case Brief?      2. Why Brief a Case?      3. Sample Case and Case Brief        Lyons v. Lyons        Sample Case Brief      4. Discussion of Sample Brief        a. The Names of the Parties and the Court        b. The Procedural Posture of the Case        c. Statement of Facts        d. Statement of the Issue        e. Holding of the Case        f. Rationale        g. Comments and Criticisms  6.Synthesizing the Law from a Series of Cases    Dillon v. Legg    Krouse v. Graham    Thing v. La Chusa    Fife v. Astenius    Wilks v. Horn    Sample MemorandumPart Ⅱ  Learning to Write Legal Documents  7.A Systematic Approach to Legal Writing    A.  Pre-writing Stage  8.Understanding Your Context  9.Getting Organized  10.Writing Clearly  11.Writing Effectively  12.Reviewing and EditingPart Ⅲ  Creating Specific Legal Documents  13.Writing an Intraoffice Memorandum  14.Writing a Memorandum of Points and Authorities  15.Writing an Appellate BriefAppendix:An Overview of English Sentence StructureIndex

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