写作练习legalwritinginplainenglish.docVIP

Exercises from Legal Writing in Plain English by Bryan A. Garner Copyright 2001, Bryan A. Garner Published by the University of Chicago Press () Section 1. Have something to say--and think it through. Exercises Begin the following exercises by looking up the cases cited. Then write a casenote for each one-- that is, a short case synopsis that follows a standard form: (1) case name and citation; (2) brief facts; (3) question for decision; (4) holding; (5) reasoning. Your finished product should fit on a five-by-seven-inch index card (front and back). The exercises are increasingly challenging for either or both of two reasons: first, the increasing complexity of the legal principles involved; and second, the increasing difficulty of the language used in the opinions. When youre finished, have a friend assess how easy it is to understand what youve written. Heres an example of a casenote: Case: Henderson v. Ford Motor Co., 519 S.W.2d 87 (Tex. 1974). Facts: While driving in city traffic, Henderson found that, despite repeated attempts, she couldnt brake. To avoid injuring anyone, she ran into a pole. An investigator later found that part of a rubber gasket from the air filter had gotten into the carburetor. Henderson sued Ford on various theories, including defective design. Her expert witness didnt criticize the design of the gasket, carburetor, or air filter, but did say that the positioning of the parts might have been better. No one testified that the air-filter housing was unreasonably dangerous from the time of installation. Yet the jury determined that the air-filter housing was defective and that this defect had caused Hendersons damage. Question: The expert witness didnt testify that the design was unreasonably dangerous--only that it could be improved on. Is this testimony sufficient to support a jury finding that a products design is unreasonably dangerous? Holding: Mere evidence that a design could be made better--without evide