Legal Writing

Question 0

Basic principles

Answer 0

1. A good document achieves its designated purpose for its specific audience.
2. A good document immediately gives its reader an overall picture of what the document is about, including the question it is answering and the answer. It also leaves the reader with a clear answer.
3. A good document is easy to read.
4. A good document is easy to follow; a reader can tell immediately what a paragraph is about and how paragraphs fit together.

Question 1

Planning strategies

Answer 1

1. What questions should this document answer.
2. What is my answer to each question?
3. Who is my reader?
4. Relationship to reader?
5. How much does reader know about subject and my answer?
6. What does my reader need to know to understand my answer? List in need to know order.
7. What is my reader’s attitude about the subject and my answer?
8. Why am I writing this (inform, persuade, to accomplish some other end)?
9. What constraints do I have?

Question 2

Verbs

Answer 2

Active voice
Next to subjects
There is and it is eliminates

Question 3

Nouns

Answer 3

Precise

Is the meaning clear

Question 4

Pronouns

Answer 4

Clear and accurate

Question 5

Modifiers

Answer 5

Adverbs and adjectives to a minimum.

Modifying phrases next to the nouns they describe

Question 6

Sentences

Answer 6

Subject, verb, direct object
Less than 25 words
Parallel structure
Vary length and type
First and last words most important
Most important ideas in main clauses

Question 7

Paragraphs

Answer 7

Context paragraph
Topic sentence with major assertion
Move from familiar to unfamiliar?
Linked with transitions

Question 8

Organization

Answer 8

Effectively used titles and subtitles

Telling what doc is about in first paragraph

Question 9

Overall

Answer 9

Proof read several times

Proud of finished product

Question 10

Conclusion

Answer 10

Context of statute and gives the conclusion

Question 11

Rule

Answer 11

Synthesized from relevant cases

Question 12

Explanation of the rule

Answer 12

Laying out for the reader relevant facts holdings and reasoning from applicable cases so reader can understand rule.

Question 13

Application

Answer 13

Compare facts from E section to facts in case at hand.

Question 14

Conclusion (final)

Answer 14

Pull it all together and explain.

Question 15

Nominalization

Answer 15

Verbs turned into nouns or adjectives.

Question 16

Misplaced modifier

Answer 16

A modifier that causes ambiguity because of its location.