Notes in Leg. Research 08-09-14

Notes in Leg. Research 08-09-14

Basis for the grade (final)

-research/sources (passed and returned already/my score is 13/15. Take note of the comments on the paper)

-Legal opinion (take home midterm exam due on Aug 26) -30pts

-academic essay using the bluebook

-attendance 10pts/recitation 10pts

-Academic paper will be composed of 2000 words. Apply the concepts of the bluebook, and other discussed topics in legal research. Bear in mind the principles in plagiarism. Take important note about the proper citations.

Legal Writing:

-applicable in writing affidavits, contracts, pleadings, wills

-forms part of legal practice.

-good writing skills may mean winning or losing a case-how well the arguments are presented/how well the pleadings are written

-preparation of documents that require legal analysis, prep of documents that require legal research, conform to special formats observed by the legal profession.

-in using clear and precise language in communicating in any legal document

3 types of legal writing:

Predictive

-conveys an information on an issue involving a persons rights

-goal is to predict the law on the facts given

-example is a legal opinion, which is the written opinion of the lawyer on a prospective client in stating how a case may be resolved give the set of facts communicated by the client and the existing law covering the case

-another example is a memoranda which is predictive in nature.

Persuasive

-the writer argues for a particular side or perspective who is expected to use available legal tools to support the argument such as legal provisions, decisions of the supreme court in order to convince the judge, an arbiter or the head of a quasi-judicial body.

Functional

-contracts, wills, deeds, initiatory pleadings, ordinances, and affidavits, laws which are not analytical, they have to be accurate and complete.

-wills for example that are not accurate and complete can produce further burden to the heirs.

-deed of sales can become void if the spouse did not sign the disposition of the property as this would mean the lack of consent.

4 components of legal writing:

Author

-legal professionals claim the exclusive right of legal documents

Audience

-people who read such as the judge, other readers, clients, for functional writings they can be the sellers, vendors,

Writing

-written documents memorialize and serve as evidence of the case and also creates a legal relationship for example two individuals who did not know each other before becomes the vendor and the buyer.

Speech Community - a written communication must conform to semantics and other structural or the rules of the english language.

General Writing VS Legal Writing

-consistency is required in legal writing, therefore the repetitive use of terms are necessary to convey the consistent idea or concept.

-in legal writing use the active voice and not the passive voice. Avoid the passive voice.

Example:

The strike was ended by the injuction.-passive

The injuction ended the strike.-active

The report will be prepared-passive

NOTE:

*incorrect grammar and punctuation will add burden to the judge in resolving a case as errors in grammar and punctuation will lead to a different meaning.*every document should be prepared as if it will end up in court. The document prepared will be a subject of litigation. Therefore it should be prepared thoroughly, completely.

*clearly written documents enable clients to solve legal arguments without the need of legal assistance. An erroneous document will be a subject of litigation and an added burden.

*in an academic essay avoid writing the word I

Legalese writing- too much legal terminologies is no longer encouraged by the court. The court now encourages lawyers to write simply and not to be redundant such as the use of the phrase moot and academic, wherefore, whereas, hereby, wherefore, thereafter

Writing a Legal Opinion

1. Objective legal analysis -client relays to you the facts, draw up an opinion based on the facts, this is relaying to the client the bigger picture in order to decide what the client can do. Be objective.

2. presented in simple language -understandable to a lay person

Note: a legal opinion should not be intended to sway a client to take a particular legal action

2 goals:

-give a case diagnosis: how does the law apply to her situation? What are her rights and obligations under the circumstances?

-give legal recommendations

Options on what to do

Strengths and weaknesses

The following should be considered: legal expense, length of time involved, strong or weak points

Parts:

Heading

Introduction

Issues and brief answer

Statement of facts

Discussion

Conclusion and recommendation

Optional: Disclaimer

Tips:

-Answer the clients questions in terms that the client can understand. Use concise and simple English.

-If the opinion is unfavorable, speak of alternatives

-Caution client that law is changing and that your pinion is only valid until the law changes. Also that our opinion is based on the specific facts relayed to you.

-Do not leave it to the client to interpret your letter, way what you mean, clearly and accurately

-If your letter is long, you may place the conclusions at the beginning of the letter.

Assignment/Take Home Midterm: Submit legal opinion on Aug 26, 2018 at 6pm

Points: 30