Culture to Culture

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ISBN: 9780890891186 | 0890891184
Cover: Paperback
Copyright: 8/1/2005

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"Indispensable to international students studying U.S. law, Culture to Culture explains the U.S. legal system's rhetorical preferences, linguistic specializations, and current conventions. Readers will be able to learn comfortably and quickly what U.S. audiences expect. The book provides students with U.S. legal tools for reading texts, analyzing problems, researching sources, organizing analytical patterns, and writing in acceptable legal styles. Covering a broad range of topics and questions, it introduces current conventions through a variety of legal texts, including letters, memos, transactional documents, briefs, exams, and scholarly papers. Culture to Culture will prepare international lawyers to be researchers and writers in both U.S. law schools and U.S. legal practices, or to return to their own countries with an analytical perspective on how U.S. lawyers research, analyze, negotiate, and write."--BOOK JACKET.

Preface

Acknowledgments

xvii

Introduction

xix

The U.S. Legal System

(42)

The Legal Community

(3)

Legal System

(1)

Research Methods

(1)

Analytical Patterns

(1)

Legal Register

(1)

Genres

(1)

The Legal System

(22)

The Three Branches

(1)

Legislative Branch

(4)

Executive Branch

(3)

Judicial Branch

(3)

Checks and Balances

(2)

Sharing of Powers: Federal and State

(2)

Example: State Jurisdiction

(2)

Example: Concurrent Jurisdiction

(1)

Example: Erie Doctrine Situation

(1)

Legal Practice

(11)

Who Has Jurisdiction?

(1)

What Law Applies?

(1)

Deciding How to Proceed

(3)

Filing the Complaint

(1)

The Defendant's Answer and Possible Counterclaim

(1)

Possible Procedural Detour by Removal or Transfer of the Case

(1)

The Discovery Process

(1)

Going to Trial

(1)

Appealing the Verdict

(1)

International Legal Recourse

(1)

Conclusion

(1)

References and Further Readings

(3)

Legal Sources and Strategies

(58)

Domestic Sources

(24)

Know the Differences Between Primary and Secondary Sources

(1)

Know the Differences Between Mandatory and Persuasive Authority

(3)

Know How the Sources Work

(1)

Primary Sources

(3)

Secondary Sources

(3)

Know How to Frame the Legal Questions

(1)

Jurisdiction

(1)

Organization of the Law

(1)

Terms of Art and the Nature of the Legal Question

(1)

Legally Significant Facts

(1)

Know How to Read the Sources

(1)

Reading Statutes

(1)

Reading Legislative Histories

(1)

Reading Cases

(5)

Know How to Read Abbreviations

(1)

Domestic Legal Sources in Action

(1)

Primary Sources

(3)

Secondary Sources

(1)

International Sources

(9)

Codified Law

(1)

Finding a Treaty's Dates of Signature and Ratification

(1)

Finding a Treaty's Citation

(1)

Finding Declarations and Reservations

(1)

Finding a Treaty's Legislative History

(1)

Finding Implementing Legislation

(1)

Finding Up-to-Date Information on a Treaty

(1)

Case Law

(1)

Finding Compilations of Cases in International Law

(1)

Commentary and Analysis

(1)

Finding Scholarly Analysis on International Legal Issues

(1)

Finding an Analysis of a Country's Practice in International Law

(1)

Finding Topical Compilations in International Law

(1)

International Legal Sources in Action

(1)

Codified Law

(4)

Legal Research Strategies

(18)

Making Rhetorical Choices

(1)

What Is the Document's Purpose?

(1)

Who Is the Audience?

(1)

What Is the Document's Scope?

(1)

What Is the Writer's Stance?

(1)

Assessing the Practical Context

(1)

What Is the Desired Result?

(1)

How Can Project Requirements Be Balanced Against the Client's Budget?

(1)

Determining the Legal Context

(1)

How Much Legal Information Is Available?

(1)

What Is the Jurisdiction?

(1)

What Is the Scope of the Legal Issues?

(1)

Adapting to the Specific Circumstances

(1)

What Sources Are Available?

(1)

How Much Experience Does the Researcher Have in This Topic?

(1)

What Sources Does the Researcher Prefer?

(1)

Implementing the Strategy

(1)

Step 1. Collecting and Organizing the Facts

(1)

Step 2. Analyzing the Facts and Identifying Search Terms

(2)

Step 3. Framing the Preliminary Issues

(2)

Step 4. Verifying the Jurisdiction

(2)

Step 5. Deciding on the Order of Research

(1)

Step 6. Finding the Law

(3)

Step 7. Reading the Law

(1)

Step 8. Updating the Law

(1)

Step 9. Taking Effective Notes

100

(1)

Step 10. Asking Experts

100

(1)

Conclusion

101

(1)

References and Further Readings

102

(1)

U.S. Analytical Patterns

103

(42)

Classicism

109

(8)

Deduction

109

(1)

Deduction in a Judicial Opinion

109

(2)

Enthymeme

111

(1)

Enthymeme in a Judicial Opinion

112

(1)

Induction

113

(1)

Induction in a Practitioner's Memo

113

(1)

Analogical Reasoning

114

(1)

Analogical Reasoning in a Judicial Opinion: Single-Case Comparison

115

(1)

Analogical Reasoning in a Memo: Multiple-Case Comparison

116

(1)

Neoclassicism

117

(7)

Neoclassicism in a Practitioner's Memo

118

(1)

Neoclassicism in a Memo: Policy Considerations Surrounding Rule

119

(2)

Neoclassicism in a Judicial Decision: Statutory Interpretation

121

(3)

Modernism

124

(9)

Law and Society

124

(1)

Law and Society: Using Societal Context and Individual Stories

124

(3)

Law and Society: Social Concerns Leading to Exception to Traditional Rule

127

(1)

Legal Process

128

(1)

Legal Process in a Judicial Opinion: Claim Following a Procedural Mistake

129

(1)

Law and Economics

130

(1)

Law and Economics in a Judicial Decision: Estimates of Probability

130

(1)

Narrative

131

(1)

Narrative Argumentation in a Judicial Opinion: A Sad Tale

132

(1)

Postmodernism

133

(4)

Postmodernism in a Judicial Opinion: Six Separate Opinions

134

(3)

Analytical Patterns in Action

137

(6)

Combination of Analytical Patterns in a Judicial Opinion

137

(6)

Conclusion

143

(1)

References and Further Readings

143

(2)

U.S. English for Legal Purposes

145

(44)

Defining Terms of Art

149

(5)

What Does the Term Mean Within a Specific Jurisdiction?

150

(1)

How Did the Legislature Define the Term, if at All?

150

(1)

How Have the Courts in This Jurisdiction Defined the Term?

150

(1)

Is the Definition Explicit or Implicit?

150

(1)

How Has the Term Evolved Through a Series of Cases?

151

(1)

What Phraseology and Syntax Are Used in Discussing the Term?

151

(1)

How Does the Term Fit Within a Larger Doctrine?

152

(1)

What Law Supports and Surrounds the Term?

152

(2)

Do Other Jurisdictions Use the Term?

154

(1)

Understanding Current Usage

154

(4)

What Is the Context for the Term?

155

(1)

Do the Phraseology and Syntax Work in This Setting?

155

(1)

Where Should the Term Be Placed to Maximize Reader Understanding?

155

(1)

What Language Surrounds the Term?

156

(1)

How Does the Term Relate to the Overall Theme?

156

(2)

Basic Principles of ELP

158

(14)

Keep Subject and Verb Close Together

158

(1)

Use the Active Voice

159

(2)

Avoid Intrusive Phrases

161

(1)

Vary Sentence Length and Structure

162

(1)

Structure Sentences Logically

163

(1)

Use Verbs Instead of Nominalizations

164

(1)

Make Statements Positive

165

(1)

Avoid Using Noun Strings

166

(1)

Avoid Using Ambiguous Words or Phrases

167

(1)

Use Parallel Structure for Parallel Ideas

168

(1)

Paraphrase Rather Than Quote Extensively

169

(2)

Minimize Use of Prepositional Phrases

171

(1)

Advanced Principles of ELP

172

(11)

Put the Most Important Information First

172

(1)

Use Cohesive Devices

173

(2)

Use Headings with Verbs

175

(1)

Use Terms of Art Consistently

176

(2)

Make the Text Context Independent

178

(1)

Cite Sources Within the Text

179

(1)

Minimize Use of Footnotes

180

(1)

Use Graphics Where Appropriate

181

(2)

An Example of ELP in Action

183

(2)

Conclusion

185

(1)

References and Further Readings

186

(3)

U.S. Legal Documents

189

(68)

Interpreting and Designing U.S. Legal Documents

190

(5)

Design Elements

190

(5)

Memo

195

(19)

Opinion Letter or E-Mail

214

(6)

Complaint

220

(6)

Brief

226

(25)

Settlement Agreement

251

(1)

Contract

252

(3)

Conclusion

255

(1)

References and Further Readings

256

(1)

Appendix A: The United States Constitution

257

(18)

Appendix B: Domestic Legal Sources

275

(10)

Appendix C: International Legal Sources

285

(24)

Appendix D: Twenty Principles of English for Legal Purposes

309

(14)

Appendix E: Outlining and Writing the Law School Exam

323

(16)

Before the Exam: Outlining

323

(7)

Writing Your Own Outline

324

(2)

Identifying Your Best Learning Approach

326

(1)

Creating the Outline

327

(3)

Before the Exam: Practicing for the Exam

330

(1)

During the Exam: Organizing Your Answers

331

(2)

Writing the Exam

333

(2)

Sample Exam

335

(4)

Appendix F: Writing the Scholarly Paper

339

(20)

Purpose

339

(1)

Audience

340

(1)

Scope

340

(1)

Stance

340

(1)

Use of Technical Materials

341

(1)

A Scholarly Strategy

341

(17)

Define a Thesis

342

(1)

Set Up Deadlines

343

(1)

Design a Research Strategy

343

(1)

Take Comprehensive Research Notes

344

(1)

Organize the Paper

345

(1)

Write the First Draft

345

(1)

Revise the Paper

346

(1)

Polish the Paper

347

(11)

References and Further Readings

358

(1)

Appendix G: Citation Reference Table: Bluebook and ALWD

359

(18)

Index

377

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Culture to Culture

Summary

Author Biography

Table of Contents

Supplemental Materials