Thinking and Writing about Law

Thinking and Writing about Law
Author: Kevin Bennardo
Publisher: Carolina Academic Press LLC
Total Pages: 140
Release: 2021-07
Genre: Communication in law
ISBN: 9781531019532

"While Thinking and Writing About Law is primarily geared toward law students, it should be accessible for anyone who wants to improve their abilities in legal analysis and communication. Written in an approachable, no-nonsense style, the book is divided into two parts. The first part guides readers toward an understanding of legal analysis in our common-law system. Properly conceptualizing our system of law is the most fundamental-and overlooked-component in the process of legal analysis. To that end, the book walks the reader step-by-step through the analytical process and then reinforces the reader's understanding by introducing a novel technique for visualizing legal analysis. The second part guides readers toward successful communicating their analyses to both inform and persuade. It draws upon the author's experiences as both a legal writing professor and a supreme court justice to bring a distinctive blend of academic expertise and judicial practicality to the subject"--

Thinking Like a Lawyer

Thinking Like a Lawyer
Author: Frederick F. Schauer
Publisher: Harvard University Press
Total Pages: 256
Release: 2009-04-27
Genre: Law
ISBN: 0674032705

This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.

Thinking Like a Lawyer

Thinking Like a Lawyer
Author: Colin Seale
Publisher:
Total Pages: 0
Release: 2025
Genre: Education
ISBN: 9781003482147

"Critical thinking is the essential tool for ensuring that students fulfill their promise. But, in reality, critical thinking is still a luxury good, and students with the greatest potential are too often challenged the least. This bestselling book introduces a powerful but practical framework to close the critical thinking gap, gives teachers the tools and knowledge to teach critical thinking to all students, empowers students to tackle 21st-century problems, and teaches students how to compete in a rapidly changing global marketplace. Colin Seale, a teacher-turned-attorney-turned-education-innovator and founder of thinkLaw, uses his unique experience to introduce a wide variety of concrete instructional strategies and examples that teachers can use in all grade levels. Individual chapters address underachievement, the value of nuance, evidence-based reasoning, social-emotional learning, equitable education, and leveraging families to close the critical thinking gap. In addition to offering examples for Math, Science, ELA, and Social Studies, this timely, updated second edition adds a variety of new examples and applications for Physical Education, Fine Arts, Foreign Language, and Career and Technical Education"--

The Pre-writing Handbook for Law Students

The Pre-writing Handbook for Law Students
Author: Laura P. Graham
Publisher:
Total Pages: 0
Release: 2013
Genre: Legal composition
ISBN: 9781611631845

Intended primarily for use in the first few weeks of the first-semester legal writing course, The Pre-Writing Handbook for Law Students takes a systematic approach to the process of learning legal analysis. The Handbook is designed to help students focus on and become competent in the process of legal analysis that precedes their work on early legal writing products such as memos, case briefs, and other documents. This book teaches a new approach to learning legal analysis through the introduction of a series of repeatable steps that students can apply to any legal scenario. By practicing and internalizing these analytic steps, students will experience a smoother writing process that translates into a better written product. Each chapter of the Handbook contains several useful features: Frequent metacognitive "checkpoints"--text boxes that prompt students to pause or stop in their pre-writing work and assess their own efficiency and effectiveness. Concrete examples of how the steps in the pre-writing process actually work in two fully developed recurring legal scenarios. End-of-chapter recaps that summarize the desired results of the student's work during each step of the pre-writing process. Independent Practice Exercises. The Teacher's Manual includes advice on how to incorporate this book's new approach into an existing first-semester legal writing course; complete keys to all of the book's exercises; and complete samples of objective memos, a trial brief, an opinion letter, and a demand letter for use with the recurring scenarios and the independent exercises. The thorough content of the Teacher's Manual should enable professors to use the Handbook effectively with minimal additional preparation. "The Handbook hits the nail on the head! It centers on exactly what is missing from all the other legal writing books: the deep thinking that is necessary before pen hits paper." -- Joi Montiel, Faulkner University School of Law "Writing professors have claimed for years that learning to write is learning to think; legal writing professors have claimed for years that learning legal writing entails learning legal analysis. This book makes good on both claims and provides a welcome and useful tool for anyone trying to master legal writing." -- J. Christopher Rideout, Professor of Lawyering Skills and Associate Director of the Legal Writing Program, Seattle University School of Law "You need to crawl before you can walk, walk before you can run, and run before you can fly. Professors Graham and Felsenburg will have fledgling students flying in no time." -- Louis J. Sirico, Jr., Professor of Law and Director, Legal Writing Program, Villanova University School of Law

Logic for Lawyers

Logic for Lawyers
Author: Ruggero J. Aldisert
Publisher:
Total Pages: 296
Release: 1989
Genre: Law
ISBN:

This book tackles the basics of legal reasoning in twelve chapters, including the principles of classic logic, deductive and inductive reasoning, application of the Socratic method to legal reasoning, and formal and material fallacies.

Legal Writing by Design

Legal Writing by Design
Author: Teresa J. Reid Rambo
Publisher:
Total Pages: 0
Release: 2013
Genre: Law
ISBN: 9781594608599

The second edition of Legal Writing by Design remains unique in demonstrating how to transform thoughts into writing by explaining the link between thinking and writing. It doesn't just tell the reader to "argue by analogy" or to "apply the rule" -- it explains the design of the thinking involved in those processes and shows how to transform that design into writing. Through easily understandable hypotheticals, outlines, graphics, exercises, and writing samples, many garnered during the authors' combined forty-plus years of teaching legal writing and appellate advocacy to law students, Legal Writing by Design comprehensively demonstrates how to transform ideas into exceptional writing. It demystifies the writing process by explaining the design of (1) deductive and inductive reasoning, (2) analogical thinking, and (3) relevancy. Once that design is understood, writing becomes easy. Writing with liberal doses of humor, the authors provide clearly readable charts, examples, and templates throughout this second edition. All chapters include a chapter review, and many also provide writing prompts. In addition to chapters explaining the fundamentals of writing legal memos and briefs, Legal Writing by Design contains sections on (1) clear and effective writing; (2) the appellate process, including an easily understandable explanation of standards of review; (3) oral argument techniques and practice; (4) the writing and editing process; (5) case briefing; and (6) professionalism in the practice of law. Exercises corresponding to the principles explained are included throughout most chapters, with answers provided in a separate Teacher's Manual. Successfully used for over ten years by thousands of law school students, Legal Writing by Design is the perfect tool for anyone -- attorneys, legal assistants, pro se litigants, undergraduate students, or the public -- who seeks the ideal way to analyze issues, to write clearly, and to write persuasively.

Legal Writing in Plain English

Legal Writing in Plain English
Author: Bryan A. Garner
Publisher: University of Chicago Press
Total Pages: 285
Release: 2013-08-26
Genre: Law
ISBN: 022603139X

“This easy-to-follow guide is useful both as a general course of instruction and as a targeted aid in solving particular legal writing problems.” —Harvard Law Review Clear, concise, down-to-earth, and powerful—all too often, legal writing embodies none of these qualities. Its reputation for obscurity and needless legalese is widespread. For more than twenty years, Bryan A. Garner’s Legal Writing in Plain English has helped address this problem by providing lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this indispensable volume encourages legal writers to challenge conventions and offers valuable insights into the writing process that will appeal to other professionals: how to organize ideas, create and refine prose, and improve editing skills. Accessible and witty, Legal Writing in Plain English draws on real-life writing samples that Garner has gathered through decades of teaching. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting, and the book’s principles are reinforced by sets of basic, intermediate, and advanced exercises in each section. In this new edition, Garner preserves the successful structure of the original while adjusting the content to make it even more classroom-friendly. He includes case examples from the past decade and addresses the widespread use of legal documents in electronic formats. His book remains the standard guide for producing the jargon-free language that clients demand and courts reward. “Those who are willing to approach the book systematically and to complete the exercises will see dramatic improvements in their writing.” —Law Library Journal

How to Write Law Essays & Exams

How to Write Law Essays & Exams
Author: S. I. Strong
Publisher: Oxford University Press, USA
Total Pages: 293
Release: 2014
Genre: Law
ISBN: 0199684553

This book provides law students with a practical and proven method of analyzing and answering essays and exam questions. Designed for students of all levels, including A-level, university, conversion, and vocational courses, the text teaches vital writing and analytical skills to help students in their substantive law studies.