Professional Documents
Culture Documents
PDF Basic Legal Writing For Paralegals Hope Viner Samborn Ebook Full Chapter
PDF Basic Legal Writing For Paralegals Hope Viner Samborn Ebook Full Chapter
Viner Samborn
Visit to download the full and correct content document:
https://textbookfull.com/product/basic-legal-writing-for-paralegals-hope-viner-samborn
/
More products digital (pdf, epub, mobi) instant
download maybe you interests ...
https://textbookfull.com/product/basic-wills-trusts-and-estates-
for-paralegals-jeffrey-a-helewitz/
https://textbookfull.com/product/legal-research-analysis-and-
writing-william-h-putman/
https://textbookfull.com/product/legal-writing-and-analysis-in-a-
nutshell-fifth-edition-bahrych/
https://textbookfull.com/product/basic-mandarin-chinese-reading-
writing-textbook-an-introduction-to-written-chinese-for-
beginners-cornelius-c-kubler/
Writing for University Godfrey
https://textbookfull.com/product/writing-for-university-godfrey/
https://textbookfull.com/product/seduced-whiskey-run-4-1st-
edition-hope-ford-ford-hope/
https://textbookfull.com/product/the-rise-of-legal-graffiti-
writing-in-new-york-and-beyond-1st-edition-ronald-kramer-auth/
https://textbookfull.com/product/hope-for-film-from-the-front-
lines-of-the-independent-cinema-and-movie-streaming-revolutions-
first-counterpoint-paperback-edition-hope/
One Night Alpha Men 2 1st Edition Hope Ford Ford Hope
https://textbookfull.com/product/one-night-alpha-men-2-1st-
edition-hope-ford-ford-hope/
2
EDITORIAL ADVISORS
Therese A. Cannon
Higher Education Consultant
Katherine A. Currier
Chair, Department of Paralegal and Legal Studies
Elms College
Susan M. Sullivan
Director, Graduate Career Programs
University of San Diego
Laurel A. Vietzen
Professor Emeritus
Elgin Community College
3
4
Copyright © 2016 CCH Incorporated.
Wolters Kluwer Legal & Regulatory Solutions U.S. serves customers worldwide with CCH, Aspen Publishers, and
Kluwer Law International products. (www.WKLegaledu.com)
No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical,
including photocopy, recording, or utilized by any information storage or retrieval system, without written permission
from the publisher. For information about permissions or to request permissions online, visit us at
www.www.WKLegaledu.com, or a written request may be faxed to our permissions department at 212-771-0803.
Wolters Kluwer
Attn: Order Department
PO Box 990
Frederick, MD 21705
eISBN 978-1-4548-6143-0
KF250.S236 2016
808.06′634—dc23
2015036205
5
About Wolters Kluwer Legal &
Regulatory Solutions U.S.
Wolters Kluwer Legal & Regulatory Solutions U.S. delivers expert content and solutions in
the areas of law, corporate compliance, health compliance, reimbursement, and legal
education. Its practical solutions help customers successfully navigate the demands of a
changing environment to drive their daily activities, enhance decision quality and inspire
confident outcomes.
Serving customers worldwide, its legal and regulatory solutions portfolio includes products
under the Aspen Publishers, CCH Incorporated, Kluwer Law International, ftwilliam.com
and MediRegs names. They are regarded as exceptional and trusted resources for general
legal and practice-specific knowledge, compliance and risk management, dynamic workflow
solutions, and expert commentary.
6
FOR EVE, SARAH, BENJAMIN, AND RANDY WITH ALL OF MY LOVE
—HVS
7
Contents
List of Illustrations
Preface
Acknowledgments
CHAPTERS
1 Introduction to Legal Research
2 Legal Authorities and How to Use Them
3 Getting Ready to Write
4 Clear Writing and Editing
5 Writing Basics
6 Case Briefing and Analysis
7 The Legal Memorandum
8 Questions Presented and Conclusions or Brief Answers
9 Facts
10 The IRAC Method
11 Synthesizing Cases and Authorities
12 Outlining and Organizing a Memorandum
13 Persuasive Writing
14 In-House and Objective Client Documents
15 Letter Writing
Appendix A Citation
Appendix B Writing Strategies
8
Index
9
List of Illustrations
Preface
Acknowledgments
CHAPTER OVERVIEW
10
Are Federal and State Agencies Part of One Governing Body?
4. Organization of State Governments
What Are the Duties of the State Courts?
Can State Courts Decide Issues of Federal Law?
Chapter Summary
Key Terms
Exercises
CHAPTER OVERVIEW
Checklist
In-Class Exercise
Chapter Summary
11
Key Terms
Exercises
CHAPTER OVERVIEW
Checklist
Chapter Summary
Key Terms
Exercises
CHAPTER OVERVIEW
A. PURPOSE OF EDITING
B. PROCESS OF EDITING
12
5. Other Key Rules
Revision Checklist
Chapter Summary
Key Terms
Exercises
CHAPTER OVERVIEW
A. PUNCTUATION
1. Commas
2. Special Comma Rules
3. Semicolons
4. Colons
5. Parentheses
6. Double Quotation Marks
7. Single Quotation Marks
8. Apostrophes
B. MODIFIERS
C. PARALLEL CONSTRUCTION
E. RUN-ON SENTENCES
F. SENTENCE FRAGMENTS
Chapter Summary
Key Terms
Exercises
CHAPTER OVERVIEW
B. DIAGRAM OF A DECISION
In-Class Exercise
13
C. ANATOMY OF A CASE BRIEF
1. Citation
2. Procedural History
3. Issues
How Do You Determine the Legal Issue or Issues Presented When Examining a
Client’s Problem?
How Do You Draft a Statement of the Issue or Issues?
4. Holding
How Do You Draft a Holding?
5. Facts
What Are the Relevant Facts?
How Do You Organize Your Facts Statements?
6. Reasoning
7. Dicta
8. Disposition
In-Class Exercise
D. CASE ANALYSIS
1. Sample Single Case Analysis
2. Sample Analysis Using Two Cases
Chapter Summary
Key Terms
Exercises
CHAPTER OVERVIEW
B. AUDIENCE
Who Reads a Memorandum?
C. COMPONENTS OF A MEMORANDUM
What Is Included in a Memorandum?
1. Heading
2. Questions Presented or Issues
3. Conclusion or Brief Answer
What Is the Difference between a Conclusion and a Brief Answer?
4. Facts
5. Discussion
14
D. STEPS IN DRAFTING A MEMORANDUM
What Steps Should You Take in Drafting a Memo?
Checklist for Drafting a Memorandum
1. Memo Drafting Tips
Chapter Summary
Key Terms
Exercises
CHAPTER OVERVIEW
Chapter Summary
Key Terms
Exercises
CHAPTER 9 FACTS
CHAPTER OVERVIEW
A. FACTS STATEMENT
1. Defining Fact
2. Legally Significant Facts
What Facts Should Be Included in the Facts Statement?
3. Fact Versus a Legal Conclusion
4. Source of Information for a Facts Statement
15
1. Chronological Organization
2. Organization by Claim or Defense
3. Organization by Party
4. Combination of Chronological and Claim or Party Organization
Chapter Summary
Key Terms
Exercises
CHAPTER OVERVIEW
A. PURPOSES OF IRAC
What Is IRAC?
B. IRAC COMPONENTS
What Does an IRAC Paragraph Look Like?
1. Issues
What Is the Difference Between the Question Presented and the Issues in IRAC
Paragraphs?
2. Rules of Law
Why Is Citation Important?
3. Application of the Law to the Problem’s Facts
How Do You Use the Legally Significant Facts?
4. Conclusion
Chapter Summary
Key Terms
Exercises
CHAPTER OVERVIEW
A. SYNTHESIS
What Is the Process of Synthesizing Legal Rules?
16
Why Do We Synthesize Legal Authority?
B. TYPES OF SYNTHESIS
What Are the Four Methods of Synthesizing Authority?
Checklist
Chapter Summary
Key Terms
Exercises
CHAPTER OVERVIEW
A. PURPOSE OF OUTLINING
B. STEPS TO OUTLINING
1. Steps in Compiling a List of Legal Authorities
2. Organize Issues
What Steps Should You Follow in Preparing Your Outline of Each of the Issues?
3. Draft a Thesis Paragraph
4. Determine Which Element to Discuss First
5. List Elements or Subissues
6. Add Authority
7. Refine Issues
8. Arrange the Order of Elements
9. Organize into IRAC Paragraph
C. MULTI-ISSUE MEMORANDUM
How Do You Organize a Multi-Issue Memorandum?
In-Class Exercise
Chapter Summary
Key Terms
Exercises
CHAPTER OVERVIEW
17
A. THE NATURE OF PERSUASIVE WRITING
What Kinds of Documents Are Persuasive?
Which Aspects of Persuasive Writing Do Paralegals Perform?
What Is the Difference Between Objective and Persuasive Writing?
B. TECHNIQUES
Is There a Formula for Persuasive Writing as There Is for Objective Writing?
What Are Some Techniques Used in Persuasive Writing?
Are There Any Other Tools That Are Helpful for Persuasive Writing?
Are There Any General Rules for Writing Persuasively?
When Does the Need to Write Persuasively Arise?
Chapter Summary
Key Terms
Exercises
18
CHAPTER OVERVIEW
B. MEETING SUMMARIES
What Should Be Included in a Meeting Summary?
How Do You Draft a Meeting Summary?
C. STATUS MEMOS
What Is a Status Memo, and Who Reads It?
How Often Should a Status Memo Be Prepared?
What Should the Detailed Summary Include?
D. DEPOSITION SUMMARIES
What Is a Deposition Summary?
When and Why Do You Draft a Deposition Summary, and Who Will Read It?
How Do You Draft a Deposition Summary?
E. DEPOSITION ABSTRACTS
What Is the Difference between a Deposition Summary and a Deposition Abstract?
Who Will Read the Deposition Abstract?
What Is the Purpose of a Deposition Abstract, and When Is It Drafted?
What Format Is Used for a Deposition Abstract?
How Do You Draft an Abstract?
F. TRANSACTION SUMMARY
Chapter Summary
Key Terms
Exercises
CHAPTER OVERVIEW
B. COMPONENTS OF A LETTER
19
1. Letterhead and Headers
2. Date
3. Method of Transmission
4. Inside Address
5. Reference Line
6. Greeting
7. Body of Letter
8. Closing
9. Copies to Others and Enclosures
C. TYPES OF LETTERS
1. Confirming Letters
2. Status Letters and Transaction Summary Letters
3. Demand Letters
4. Opinion Letters
5. E-mail
6. Social Media
Checklist
Chapter Summary
Key Terms
Exercises
Appendix ACitation
Appendix BWriting Strategies
Index
20
ILLUSTRATIONS
1- 1 U.S. and State Government Systems
1-2 The Government of the United States
1-3 Federal Judicial System
2-1 Example of Ranking Authorities
2-2 Authorities and Finding Tools
6-1 Sample Case, Seymour v. Armstrong
6-2 Sample Case, King v. Miller
6-3 Sample Case Brief, King v. Miller
6-4 Case Briefing Process
6-5 Molitor v. Chicago Title & Trust Co.
6-6 Case Brief for Molitor v. Chicago Title & Trust Co.
6-7 Heuvelman v. Triplett Elec. Instrument Co.
6-8 Case Brief for Heuvelman v. Triplett Elec. Instrument Co.
6-9 Morganroth v. Whitall
6-10 Brief of Morganroth v. Whitall
7-1 Sample Memorandum
7-2 Sample Memorandum: McMillan Battery Action
7-3 Sample Memorandum Heading
7-4 Question Presented
7-5 Brief Answer
21
7-6 Conclusion
7-7 Facts Statement
8-1 Question Presented
8-2 Question Presented and Brief Answer
8-3 Brief Answer
8-4 Questions Presented and Conclusion
9-1 Chronological Organization
9-2 Reverse Chronological Order
9-3 Organization by Claim or Defense
9-4 Organization by Party
9-5 Chronological and Claim Organization
9-6 Chronological and Party Organization
9-7 Excerpt from a Client Interview
9-8 Sample Preliminary Facts Statement Based on the Client Interview
9-9 List of Legally Significant Facts
9-10 Sample Facts Statement for Slip-and-Fall Case
12-1 List of Authorities
12-2 Outline of Battery Discussion
12-3 Memorandum: McMillan Battery Action
12-4 Thesis Paragraph
12-5 Multi-Issue Memorandum: McMillan Battery Action
12-6 Multi-Issue Outline
12-7 Writing from an Outline
12-8 Sample Memorandum Slip and Fall Case
13-1 Sample Complaint
13-2 Sample Answer
13-3 Sample Motion to Dismiss
13-4 Memorandum in Support of a Motion to Dismiss
13-5 Sample Appellate Brief
13-6 Sample of Persuasive Writing, Letter Format
14-1 Summary of a Phone Conversation
14-2 Summary of Witness Interview
14-3 Meeting Summary
14-4 Example of a Status Memo for the File
14-5 Example of a Deposition Summary
22
14-6 Example of a Deposition Abstract
14-7 Transaction Summary
15-1 Full Block Letter
15-2 Letter Confirming Deposition
15-3 Letter Concerning Deposition Schedule
15-4 Letter Enclosing Deposition Transcript
15-5 Status Report Letter
15-6 Request for Information
15-7 Request to Produce Documents
15-8 Letter Accompanying Document
15-9 Letter Accompanying Check
15-10 Demand Letter
23
The Role of the Paralegal in Legal Writing
Legal writing is one of the tasks paralegals must learn to perform efficiently and cost
effectively for law firms and their clients. But to do so, paralegals must understand the legal
system, research materials, and legal writing techniques. Objective memos often must be
drafted by paralegals to inform an attorney of the relevant law, both for and against a
client’s position, so that the attorney can best handle the matter. Paralegals also brief cases
to expedite the research process, as well as write documents such as motions, briefs,
complaints, and answers in litigation matters. Delegating the task of writing an objective
memo to a paralegal is cost effective for an attorney and often saves a client money.
Basic Legal Writing for Paralegals guides the student and the practicing paralegal through
the writing process in a step-by-step manner using the objective memo as a teaching tool.
The text also introduces persuasive writing and instruments and documents drafted by legal
assistants. In addition, the book contains information about grammar, editing, and writing
processes as well as how to properly organize each portion of a document. The book is a
valuable reference manual for any legal assistant who has to craft a document especially an
objective memo.
Objective writing is explored in great detail. To master the art of objective writing, a
paralegal must develop the ability to articulate legal concepts clearly, and to draft
documents in a manner reflecting legal analysis. Learning to perform legal analysis and to
organize a legal discussion is the basis of objective writing. Much time must be spent to
refine and to master these skills. Only after a foundation has been built on objective writing
skills can other forms of legal writing be learned.
24
The book begins with an overview of the legal system and then discusses case briefing.
Understanding how our legal system operates and knowing how to read, brief, and analyze
legal opinions are prerequisites to effective legal writing. You are provided with information
about grammar and effective writing and editing techniques. Then, you are guided through
the concept of the objective memo and its purpose. The next chapter discusses the question
presented and the conclusion or brief answer. The facts and drafting the statement of the
facts are explored in a separate chapter where you will learn to identify legally significant
facts. The IRAC method is then introduced. IRAC, an acronym for Issue, Rule,
Application, and Conclusion, is the format for the discussion portion of the memo.
Building on the skills that you have acquired, you are then introduced to the task of
synthesizing cases and authorities. Synthesis requires you to distill the general legal concept
and then to create a statement of the law using more than one case or statute. These
chapters are very detailed because you are also being taught legal reasoning and legal
analysis. After you master these skills, other forms of legal writing are easier to master. The
rest of the text discusses writing documents, persuasive writing, and letter writing, as well as
citation.
Basic Legal Writing for Paralegals is designed to be both a handbook and a textbook,
and therefore helps you develop your writing skills now and in the future. You will learn to
convey the results of your research in written documents. You also will be shown how to
articulate legal concepts, to convey information, to answer a question, or to craft a
persuasive argument. These skills require attention to detail, keen analysis, and precision
with language. Legal writing skills are developed through practice; often the best writing is
done in revision.
You should view this book as a launching point in developing your legal writing skills.
Refer to the guidelines and concepts in this book throughout your career as you hone your
writing skills.
November 2015
25
We would like to thank the special people who assisted us in creating this text and
molding its contents.
We are also grateful for the help our students and colleagues provided us in shaping
the exercises. Some students who deserve special thanks for their critiques and suggestions
include Amy Berezinski, Nanette Boryc, Mara Castello, Patricia Cochran, Beverly
Dombroski, Cheryl Morgan, Patricia Naqvi, Shay Robertson, Louise Tessitore, and Amy
Widmer.
Thank you to Carolyn O’Sullivan, Betsy Kenny, Lisa Wehrle, Joan Horan, Katie
Byrne Butcher, and John Lyman of Little, Brown and Company for their time, their
counsel, and their expertise in putting together the first edition. We will always be indebted
to Carolyn for getting us started on this project and The Legal Research and Writing
Handbook, our first book. We are sorry she was unable to complete this project with us.
And although Lisa did not work directly with this book, we appreciate how much her
major contribution to The Legal Research and Writing Handbook helped to shape the words
of this book.
Thank you also to Kaesmene Harrison Banks, Christie Rears, and Julie Nahil of
Aspen Publishers, for their invaluable assistance in the production of prior editions of our
writing book. Thank you to Christine Becker for her assistance in the production of this
edition. We also want to thank Aspen Publishers for continuing to work with us and
publish our texts. Finally, a special thank you to Betsy Kenny for her excellent work in
reviewing the text and her patience in coordinating all of the many details involved in
producing this book.
Thanks to Patricia Scott, and the librarians and staff at the Loyola University Chicago
School of Law Library.
Thanks to Jean Hellman Ryan, Alice Perlin, Jennifer Brendel, and Pete Vandenberg
for the opportunity to teach in your wonderful programs.
Finally, thank you to both of our families. Randy, Eve, and Sarah, and the rest of my
26
extended family, I will always be indebted to you for providing me with support, love, and
the time to do this project.
Thanks to David, Rachel, and Henry, and to Barbara and Leon, for all of your love
and support.
Thanks to Thomson Reuters for their kind permission to reprint Seymour v. Armstrong
in Chapter 6, and also to LexisNexis for permission to reprint Morganroth v. Whitall, in
Chapter 6.
We would also like to thank the reviewers listed below. Their careful review of the
manuscript produced many valuable comments and suggestions. We greatly appreciate
their efforts.
27
A. INTRODUCTION TO LEGAL RESEARCH AND WRITING
1. The Role of the Paralegal in Legal Research and Writing
B. INTRODUCTION TO THE U.S. LEGAL SYSTEM
1. The Organization of the Legal System
2. Components of the Federal System and Governing Law
3. Relationship Between Federal and State Governments
4. Organization of State Governments
CHAPTER OVERVIEW
Before you begin to research and to write about a legal problem, you must understand your
role as a paralegal. You are an important member of a team. To function effectively, you
must know which legal system governs and how that system operates. This chapter first
considers your role in researching a legal problem and communicating it to your
supervising attorney. Next, it discusses the legal system. It focuses on the organization of
the U.S. federal government, which is divided into three separate branches: the legislative,
the executive, and the judicial. It also provides a general explanation of how state
governments are structured. Finally, the role of major governmental bodies is explored.
28
Legal research and legal writing are among the tasks paralegals can perform efficiently and
cost-effectively for law firms and their clients. But to do so effectively, you must understand
the legal system and a variety of legal concepts. You must be able to use all the research
tools available to lawyers and their staffs. Paralegals retrieve information regarding the law
as well as nonlegal information, such as financial information and test results.
Often research is done to determine whether a client has a case. We write an office memo
to predict an outcome for the client. This requires that we evaluate all relevant law for and
against the client’s position. Other times, paralegals must research a particular issue raised
after a case has been filed. Some research is done to support motions to be filed with courts.
Research also may be done when a client is involved in a transaction and the attorney must
determine the law and the steps to take in the transaction.
In practice, paralegals act as an arm of an attorney. The amount of research and the type of
assignments paralegals perform vary throughout the country.
In some law offices, paralegals undertake all of the research in preparation for the
filing of motions but attorneys draft the motions. In others, paralegals research and prepare
rough drafts of motions. Once a research project is completed, you must communicate
your research results effectively. To do this, you must understand the fundamentals of legal
writing and be able to write detailed, clear, and thoughtful memoranda. Paralegals often are
asked to prepare memoranda that summarize their research results. Some paralegals who
work with judges prepare rough drafts of court decisions. This book is designed to help you
complete each of these tasks.
When you are assigned a research problem, you are expected to work as a professional.
You should complete the assignment in a timely fashion. More important, however, the
written research results must be accurate, complete, and current. This book teaches you
how to analyze, organize, and communicate the results of a research project in a well-
thought-out, well-supported document.
Ethics Alert
Paralegals work under the supervision of attorneys, except in very limited, statutorily
sanctioned situations. As a result, all research results and client memoranda should be
submitted to an attorney before they are provided to a client. Work submitted to clients
containing legal opinions should never be signed by a paralegal.
29
Another random document with
no related content on Scribd:
Ik heb geen leer, ik heb geen smeer,
Ik heb geen pik
Aurik-kik-kik-kik.
Te Zwolle viel ten jare 1682 de toren van Sint-Michiel’s kerk in, en
werd niet weêr opgebouwd. Het klokkenspel dat in dien toren hing,
werd aan Amsterdammers verkocht, die den aanmerkelijken prijs
daarvan in louter dubbeltjes betaalden. De Zwollenaars hadden
dagen lang werk (zoo luidt de overlevering) om al die dubbeltjes uit
te tellen, om te zien of ze den vollen [60]koopprijs wel ontvangen
hadden. Ze vergisten en vertelden zich telkens, en dan moesten ze
weêr van voren af aan beginnen. Van al dit dubbeltjes tellen kregen
ze blauwe vingers. Die nu nog eenen Zwollenaar wil plagen, neemt
diens hand en beziet nauwkeurig de vingers. In den regel krijgt hij
dan onmiddellijk met de andere hand van den Zwollenaar een peuter
om de ooren.
Zie hier eene lange reeks van spotnamen, waaronder er zeker velen
zijn, merkwaardig in een geschied- en taalkundig opzicht of uit het
oogpunt der beschavings-geschiedenis. Mogen al deze namen nog
eens uitvoerig beschreven en verklaard worden in hunnen oorsprong
en beteekenis, op de wijze als ik het, in het begin van dit opstel, met
de Friesche namen heb trachten te doen.
„’t Was over jaren en jaren, ’k en wete niet hoevele. De pastor van Cuerne
was een allerbraafste oude man. De koster was ook allerbraafst, maar
eenvoudig en oud. En zoo doof derbij, dat hadt gij hem eenen schip
onder.…. onder zijne sleppen gegeven, hij het nog niet en zou.…. gehoord
hebben.