United States Legal Discourse

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ISBN: 9780314159946 | 0314159940
Cover: Paperback
Copyright: 6/4/2008

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This unique and interactive text is an essential component of any legal writing class for foreign LL.M. students. Using this text gives students the opportunity to analyze a specific client's legal problem by engaging the same critical analysis of the primary and secondary legal authorities that a U.S. lawyer would. Students learn to recognize how legal scholars, judges, and practicing lawyers engage in effective common law analysis.

Preface	p. iii
Becoming Fluent in United States Legal Discourse	p. 1
Introduction	p. 1
Legal English vs. Legal Discourse	p. 2
Close Reading Exercise 1: An Opinion of the U.S. Supreme Court	p. 7
Discourse Practices in Representing a Client	p. 10
Introduction	p. 10
Discourse Practices in a U.S. Law Firm	p. 11
Understanding Law Firm Discourse	p. 12
The Discourse of the Initial Meeting	p. 13
Preparing for the Initial Meeting: Background Reading	p. 14
Discourse Practice 1: Read the Assignment Email	p. 15
What Is a Law Review Article?	p. 15
Recognizing Common Law Argumentation	p. 16
The Common Law Rubric	p. 16
Recognizing the CL Rubric in a Sample Legal Discourse	p. 17
CL Rubric Exercise	p. 23
Close Reading Exercise 2: The Law Review Article	p. 23
Introduction to Legal Citation	p. 24
Scholarly Discourse About the Law	p. 26
Introduction	p. 26
Textual Analysis of a Law Review Article	p. 26
The Author Must Have a Valuable and Novel Thesis	p. 27
The Author Will Have a Point of View	p. 28
Analyzing the Structure of the Scholarly Article	p. 28
The Abstract	p. 28
Using the Table of Contents to Evaluate the Usefulness of the Article	p. 29
The Author Sets Out His Point of View in the Introduction	p. 30
Building Background Knowledge: The Literature Review	p. 31
Analyzing Analogous Case Law	p. 31
Evaluating a Legal Citation	p. 32
Evaluating a Legal Argument	p. 34
Close Reading Exercise 3: Writing a Student Article	p. 36
Judicial Discourse as the Law	p. 38
Introduction	p. 38
Understanding the Judge's Point of View	p. 38
Understanding the Judge's Audience	p. 39
Performing a Close Reading of a Court Opinion	p. 40
Evaluate a Case by Examining Its Citation	p. 41
The West Summary	p. 41
West Headnotes	p. 41
Evaluating a Court's Legal Argument	p. 42
Establishing the Prior Law: Step One in the CL Rubric	p. 43
Explaining the Court's Rationale: Step Two in the CL Rubric	p. 44
Comparing the Application of the Law in the Prior Case to the Present Case: Step Three in the CL Rubric	p. 45
Making a Ruling: Step Four in the CL Rubric	p. 47
Close Reading Exercise 4: Evaluating an Analogous Case	p. 49
Evaluating Analytical Legal Writing: The Office Memorandum	p. 50
Introduction	p. 50
Audience for the Office Memorandum	p. 51
Meeting the Expectations of the Reader/the Writer's Purpose	p. 52
The Office Memorandum	p. 54
Overall Organization of the Office Memorandum	p. 54
The Questions Presented and Brief Answers	p. 55
Interconnection Between the Questions and the Discussion Section: Signaling the Organization of the Discussion	p. 59
The Discussion Section: Common Law Argumentation, Again	p. 60
The Conclusion	p. 63
Close Reading Exercise 5: Analyzing an Office Memorandum	p. 63
Table of Contents provided by Ingram. All Rights Reserved.

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United States Legal Discourse

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United States Legal Discourse

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