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Legal reasoning, writing, and other lawyering skills

Title
Legal reasoning, writing, and other lawyering skills / Robin Slocum, Gina Nerger.
ISBN
9781531024048
1531024041
9781531024055
Edition
Fourth edition.
Publication
Durham, North Carolina : Carolina Academic Press, LLC, [2022]
Physical Description
xxx, 644 pages ; 26 cm.
Summary
"The fourth edition of Legal Reasoning, Writing and Other Lawyering Skills draws on lessons from neuroscience and psychology to deepen students' understanding of self and others, and of the emotional biases and filters that undermine their efforts to "think like a lawyer." The fourth edition retains the same core chapters of earlier editions that emphasize and illustrate the "process" of thinking through, and writing about, a client problem. Within those core chapters, however, the fourth edition refines and adds clarity to foundational concepts. For example, the fourth edition distinguishes between types of client conclusions within legal analysis-ultimate conclusions and legal issue conclusions, and it breaks down the types of reasoning provided within court opinions-explanatory reasoning and application reasoning. These labels foster deeper understanding of the core concepts needed to engage in legal analysis. The fourth edition also provides a more specific formula for successfully drafting rule statements for use within memorandums and briefs. In addition, the fourth edition retains chapters covering the practicalities of modern-day legal practice, with a focus on documents students will draft in day-to-day law practice, from client letters, email responses, demand/settlement letters, and trial briefs. The fourth edition adds a new chapter on drafting summary judgment briefs, and introduces students to working with and citing record evidence. It also adds additional exercises throughout the book for more hands-on learning opportunities. This book can be used in a typical two-semester legal skills course, as well as more intensive two-semester courses, and three- and even four-semester courses"-- Provided by publisher.
Other formats
Online version: Slocum, Robin. Legal reasoning, writing, and other lawyering skills Fourth edition. Durham : Carolina Academic Press, 2022
Format
Books
Language
English
Added to Catalog
January 12, 2023
Bibliography
Includes bibliographical references and index.
Contents
Introduction to legal writing & other lawyering skills
Introduction to American legal system
Reading and briefing cases : the basics
The lawyer as advisor : "human" factors that complicate your role
The lawyer as investigator : the client interview
Evaluating rules of law
Evaluating a case
Evaluating how an earlier case affects your client
The office memorandum : an overview
The discussion section : the basic template for analysis
The discussion section : drafting the analysis (single case)
Evaluating multiple cases
The discussion section : drafting the analysis (multiple cases)
The discussion section : drafting roadmap paragraphs
Drafting an office memo : completing the draft
Revising and finalizing the memo : content & organizational structure
Revising & finalizing the memo : sentence structure & word choice
Selecting cases for the memo
Drafting short memos : the thin-sliced analysis
Professional e-mail communications
Drafting client letters
The lawyer as advisor/collaborator : counseling the client
Persuasive writing style strategies
Fact-centered arguments : pre-drafting strategies
Fact-centered arguments : drafting the argument
Law-centered arguments : working with mandatory case precedent
Law-centered arguments : working with policy
Law-centered arguments : working with statutes
Drafting law-centered arguments based on statutes & policy
Addressing unfavorable law and arguments
Trial & appellate court briefs
Trial & appellate court briefs : the factual statement
Trial & appellate court briefs : drafting roadmaps of the argument
Summary judgment briefs
Appellate court briefs : scope of review & statement of the issues
Oral arguments
Demand & settlement letters.
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