Chapter 12 Legal Writing Flashcards
A paper copy of what has been prepared on a computer. Also called a printout.
Hard Copy
IN word processing, the layout of the page when printed, e.g., the number of lines and margin settings.
Format
A formal written document that gives expression to or embodies a legal act or agreement.
Instrument
A formal litigation document (e.g., complaint or answer) files by a party that states or responds to claims or defenses of another party.
Pleadings
A letter that tell the recipient what physical items are being sent in the envelope or package.
Cover Letter
An advocacy letter that asks the recipient to take or refrain from taking specific action affecting the client.
Demand Letter
A letter that provides or seeks information
informational letter
A letter telling a client what has happened in the case this far and what steps are expected.
Status letter
A letter that verifies or confirms that something important has been said or done.
Confirmatory letter
A letter to a client explaining the application of law and providing legal advice based on the explanation.
Opinion Letter
A written explanation of how the law might apply to the facts of a clients case.
Memorandum of Law
A memorandum that objectively analyzes the law; the memo is written for your supervisor or for other individuals in your office
Office Memorandum of Law
A measure of the size of printed letters of the alphabet, punctuation marks or other characters.
Points
the design or style of printed letters of the alphabet, punctuation marks or other characters.
Font
the same text that is printed at the bottom of every chapter
footer
the beginning of a memorandum containing its title or name
Caption of Memorandum
an overview or thesis paragraph at the beginning of a memorandum of law that tells the reader what issues will be covered and briefly states the conclusions that will be reached.
Roadmap paragraph
A writing techniques alerting you to the need for a counter analysis: after writing a SENTENCE THINK carefully about whether the OTHER would take a POSITION that is different from the one you took in the sentence.
STOP
- An attorneys presentation to a trial court of the legal issues and positions of his or her client. Also called trial memorandum.
- An attorneys personal notes on conducting a trial.
Trial Brief
A document submitted (filed) by a party to an appellate court (and served on an opposing party in which arguments are presented on why the appellate court should affirm (approve) reverse, or otherwise modify what a lower court has done.
Appellate Brief
A collection of appellate briefs and related documents drafted in prior cases that might be used as models and adapted for current cases.
Brief Bank
the party against whom an appeal is brought. Also called respondent.
Appellee
the party bringing an appeal because of alleged errors made by a lower tribunal.
Appellant
- An appellate brief of the appellant that responds to the appellate brief of the appellee. 2. Any appellate brief that responds to an opponents appellate brief.
Reply Brief
“friend of the court” brief an appellate brief submitted by a nonparty who obtains court permission to file the brief with its views on the case.
Amicus Curie Brief
A conclusion that a party wants a court to accept on one of the issues in the case.
Point Heading
A statement of the legal issues in an appellate brief that a party wants the appellate court to resolve.
Questions Presented
A list of primary authority )e.g., cases and statutes) and secondary authority (e.g., legal periodical articles and legal treatises) that a writer has cited in an appellate brief or other document. The list includes page numbers where each authority is cited in the document.
table of authorities (TOA)
the portion of an appellate brief that summarizes the procedural history of the case of date and presents the essential facts of the dispute. It may also state the appellate courts subject matter jurisdiction.
Statement of the Case
The use of more words than are needed to express something.
Circumlocution
A noun form from a verb or adjective
Nominalization
The grammatical verb form in which the subject or thing performing or causing the action is the main focus.
Active Voice
The grammatical verb form in which the object of the action is the main focus. The emphasis is on what is being done rather than on who or what is performing or causing the action.
Passive Voice
A form of passive voice in which the doer or subject of the action is not mentioned
Truncated Passive
