Stages of Legal Writing

Question 1

When is an issue considered a factual issue?

Answer 1

An issue is factual when the contending parties cannot agree that a thing exists or has actually happened

Question 2

When is an issue considered a legal issue?

Answer 2

An issue is legal when the contending parties assume a thing exists or has actually happened but disagree on its legal significance or effect on their rights

Question 3

What are threshold issues?

Answer 3

Those that could slam the door to any judicial consideration of the case on its merits

Question 4

Pre-work consists of the following steps (4)

Answer 4

1. Ascertain the legal dispute
2. Make an outline of the relevant facts
3. Identify the issues
4. Rough out your argument
   AMIR - Ascertain, Make, Identify, Rough

Question 5

What are the usual parts in the case? (6)

Answer 5

1. Statement of the Case
2. Statement of the Facts
3. Each party’s version of the facts
4. The issue or issues
5. Body of arguments
6. Relief
   CFFIBR - Case, Facts, Facts, Issues, Body, Relief

Question 6

Two ways for making jump off points in legal writing (2)

Answer 6

1. You can launch your argument by briefly stating your opponent’s claim with the intention of defining the area that your argument will attempt to assail
2. You can also begin your argument by stating your thesis or proposition, your intention being to support it with the argument that follows

Question 7

A legal argument is made up of three statements, what are these? (3)

Answer 7

1. The statement of a rule that applies to a given fact or set of facts (the RULE statement)
2. The statement of the fact of a particular case that opens up such case or closes it to the application of the rule (the CASE FACT statement)
3. The conclusion that the rule applies or does not apply to the particular case (the CONCLUSION statement)

Question 8

Why are the 3 essential statements of a legal argument important?

Answer 8

Becaues the effectiveness of an argument depends how ably one writes up each statement of their argument into a convincing part

Question 9

Can you omit one of the essential statements of a legal argument?

Answer 9

At times, yes

Question 10

What is the idea of a closing statement?

Answer 10

To depart on a good note after packing your pleading with every sort of argument in support of your stand

Question 11

Which voice is preferable in legal writing? Active or Passive?

Answer 11

Active voice

Question 12

Legal writing is often best written in whose point of view? 1st, 2nd or 3rd person?

Answer 12

Third person