The first lesson of legal writing keep it clear and simple精品.pptVIP

* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Topic v. Thesis Sentences Thesis sentences: disfavoured by teachers of composition, but loved by teachers of legal writing. Remember the lesson: keep it boring. Begin the paragraph by explain-ing, as concisely and directly as possible, the concepts to be discussed and the conclusion they will point to. Do not hint at what will follow; state what will follow. * Topic v. Thesis Sentences Topic sentence [avoid]: Wapner v. Denton dealt with when a choice is sufficiently voluntary to constitute assumption of the risk. Thesis sentence [better]: A choice is not voluntary if the person is forced to choose between the threatened harm and another equal or greater harm. * Topic v. Thesis Sentences Topic sentence [avoid]: In evaluating liability for fraud, courts have considered a wide variety of factors including materiality. Thesis sentence [better]: An accused cannot be convicted for fraud if her allegedly false representations were not material to the transaction. * More (bad) topic sentences The voluntariness requirement for mens rea has been the subject of debate for many years. Courts have long sought a principled basis for the bar on relitigating fully adjudicated claims. The Rooker-Feldman doctrine is one of the most complicated aspects of the modern law of abstention. * Objective versus Persuasive Writing  Remember the audience. In objective writing (such as a memo), we assess the landscape as a “reasonable person” would, and include all relevant objects that complicate the landscape. There is nothing wrong with advancing a particular position in a memo, but it is crucial that you give due regard to all sides of the issues. You are not helping your supervisor (or the client) if you ignore the counterarguments. * Objective versus Persuasive Writing In persuasive writing (such as a factum), we describe the landscape as we want others to see