清晰而有效的法律写作Clear & Effective Legal Writing, 3E

2001-12  

Aspen Pub  

Charrow, Veda R./ Erhardt, Myra K./ Charrow, Robert P.  

426  

The new edition of this concise and highly accessible text continues to provide a classic introduction to legal writing. Clear, effective writing guidelines, pertinent examples, sample documents, and exercises are combined with a focus on the legal memorandum and brief to reinforce essential writing skills.

PrefaceAcknowledgmentsIntroduction A. The Importance of Legal Writing B. Some Comments on the Way This Book Is Organized and WrittenPart Ⅰ Learning to Read Legal Materials 1.A Short History of Legal Language A. Characteristics of Traditional Legal Writing 1. Poor Writing 2. Archaic Constructions B. Why Legal Writing Is the Way It Is C. Foundations of Legal Writing 1. Historical Factors 2. Sociological Factors 3. Political Factors 4. Jurisprudential Factors D. Attitudes Toward Traditional Legal Writing 1. Conservative Audiences 2. Forms and Model Documents 3. Memos and Briefs 2.Categories of Legal Writing 3.Sources of Law and Our System of Courts 4.The Litigation Process A. Preparing and Serving the Complaint Sample Complaint B. Pretrial Proceedings and Procedures 1. Responsive Pleadings: Responding to the Complaint a. The Answer Sample Answer b. Motion to Dismiss c. Motion for Summary Judgment 2. Discovery: Discovering What Happened a. Interrogatories b. Depositions C. The Trial Brief D. The Trial 1. Selecting the Jury 2. Opening Statements 3. The Cases-in-Chief 4. Motions after the Cases-in-Chief 5. Rebuttal 6. Closing the Trial 7. Motions Following the Verdict a. Motion for a Judgment Notwithstanding the Verdict b. Motion for a New Trial 5.Reading, Analyzing, and Briefing a Case A. How to Approach a Case: A Primer B. Case Briefs 1. What Is a Case Brief? 2. Why Brief a Case? 3. Sample Case and Case Brief Lyons v. Lyons Sample Case Brief 4. Discussion of Sample Brief a. The Names of the Parties and the Court b. The Procedural Posture of the Case c. Statement of Facts d. Statement of the Issue e. Holding of the Case f. Rationale g. Comments and Criticisms 6.Synthesizing the Law from a Series of Cases Dillon v. Legg Krouse v. Graham Thing v. La Chusa Fife v. Astenius Wilks v. Horn Sample MemorandumPart Ⅱ Learning to Write Legal Documents 7.A Systematic Approach to Legal Writing A. Pre-writing Stage 8.Understanding Your Context 9.Getting Organized 10.Writing Clearly 11.Writing Effectively 12.Reviewing and EditingPart Ⅲ Creating Specific Legal Documents 13.Writing an Intraoffice Memorandum 14.Writing a Memorandum of Points and Authorities 15.Writing an Appellate BriefAppendix:An Overview of English Sentence StructureIndex

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