• The Lawyer's Craft: An Introduction to Legal Analysis, Writing, Research, and Advocacy (2002)
 
 
Shop by Jurisdiction
Shop by Practice Area
Shop Products
View ALM Products

View a different catalog:
The Lawyer's Craft: An Introduction to Legal Analysis, Writing, Research, and Advocacy (2002)

The Lawyer's Craft: An Introduction to Legal Analysis, Writing, Research, and Advocacy (2002)

Cathy Glaser, Professor of Legal Writing & Co-Director, Writing Program, New York Law School; Jethro K. Lieberman, Professor of Law, Associate Dean for Academic Affairs & Director, Writing Program, New York Law School; Robert A. Ruescher, Assistant Legal Writing Professor, St. John's University School of Law; Lynn Boepple Su, Professor of Legal Writing, New York Law School


Availability: In Stock
Publisher :Anderson Publishing
Format: softbound; 498 pp. , BOOK

ISBN: 9781583607879

2002
 
$72.00
Less More




    For as long as legal writing courses have existed, students have been given large quantities of information all at once. They are then expected to digest it in one large gulp and to "do it." The Lawyer's Craft takes a different approach. The authors of this innovative book take the specific skills required to write a memo or brief and divided them into discrete "building blocks" that can be more easily absorbed by students. The approach to drafting legal documents is highly structured to enable students to see how different parts fit together. Memos and briefs are divided into parts and organized into a required format. The format also provides students with a checklist to consult when constructing legal documents.

    The Lawyer's Craft recognizes that skills must be practiced to be learned. No matter how carefully students read the text and discuss it in class, they will not be able to learn the material until they actually put it to work. For this reason, The Lawyer's Craft includes numerous examples and exercises. The level of difficulty of the examples and exercises is gradually increased, allowing students to master the basics before moving on to nuances and exceptions.

    A Teacher's Manual is available to professors.

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

    Introduction


    Part I: Legal Analysis


    Chapter 1: Introduction to Legal Analysis

    A. Why Lawyers Analyze Legal Questions
    B. Legal Analysis Is Not an Alien Mode of Thought
    C. An Example of Legal Analysis
    D. Legal Analysis is an Art, Not a Science
    Exercises


    Chapter 2: Analyzing Legal Issues

    A. The Legal System
    B. What is a Legal Issue?
    C. Identifying Legal Issues
    D. Analyzing Legal Issues
    Exercises


    Chapter 3: Reading Cases and Writing Case Briefs

    A. What Is a Case?
    B. Why Lawyers and Law Students Read Cases
    C. Understanding Cases
    D. The Parts of a Case: An Annotated Case
    E. Case Briefs
    F. Writing a Useful Case Brief: Finding Your Own Briefing Style
    G. A Sample Case Brief
    Exercises


    Chapter 4: Introduction to Legal Proofs

    A. The Structure of a Legal Proof
    B. The Logical Framework of the Legal Proof
    C. Using the Deductive Syllogism in Legal Proofs
    D. Validating the Analysis: Rule Support and Case Comparison
    E. An Annotated Legal Proof
    Exercises


    Chapter 5: Analyzing Statutory Issues

    A. Statutes
    B. Statutory Codes
    C. Determining a Statute's Meaning
    D. How to Identify and Analyze Statutory Issues
    E. Identifying the Facts
    F. An Example of How Lawyers Research and Analyze Statutory

    Issues: State v. Dunn

    Exercises


    Part II: Legal Writing and Research


    Chapter 6: The Legal Memorandum

    A. Why Lawyers Write Legal Memoranda
    B. Helping Your Reader
    C. Knowing Your Reader
    D. Making Predictions
    E. Being Objective
    F. Memo Format


    Chapter 7: Writing Legal Proofs

    A. The Issue
    B. The Rule
    C. Rule Support
    D. Application, Case Comparison, and Alternative Arguments
    E. Conclusion
    F. Legal Proofs of Statutory Issues
    G. Analyzing Issues Involving Factor Analysis or Balancing of Interests
    H. Legal Proofs are the Core of the Discussion Section
    I. Three Legal Proofs of the Same Issue
    Exercises7


    Chapter 8: The Legal Memorandum: The Discussion Section

    A. Consider Your Reader
    B. The Format of the Discussion Section
    C. The Analysis
    D. An Annotated Thesis for a Legal Memorandum in the Jackson Matter
    E. An Annotated Thesis for a Legal Memorandum in the Dunn Matter
    Exercises


    Chapter 9: The Legal Memorandum: Beyond the Discussion

    A. The Heading
    B. The Question Presented
    C. The Short Answer 164
    D. The Summary of the Facts
    E. The Conclusion 2
    Exercises


    Chapter 10: Writing for Readability

    A. Thought and Its Expression
    B. Readability
    C. 15 Basic Principles for Making Your Writing Readable
    Exercises


    Chapter 11: Revising for Effectiveness and Editing for Readability

    A. The First Draft Is Only the Beginning
    B. Readers' Expectations
    C. Revising for Effectiveness
    D. Editing for Readability
    E. The Ten-Step Editing Sequence


    Chapter 12: Using the Appropriate Law for Your Case

    A. Sources of Law
    B. Overview of the Court System
    C. Using the Appropriate Law for Your Case
    Exercises


    Chapter 13: Research Sources and Strategies

    A. Research, Fact-Gathering, and Analysis: A Combined Endeavor
    B. Research Sources and Formats
    C. Strategies for Researching Legal Memos
    D. Sample Research Strategies


    Chapter 14: Citation

    A. Citation Manuals
    B. When to Cite
    C. Citing Cases
    D. Citing Statutes
    E. Miscellaneous Matters


    Chapter 15: Complex Memoranda

    A. Integrating Procedural Considerations Into an Analysis
    B. Discussing Multiple Issues
    C. Analyzing Issues Involving Factors or Balancing Tests
    Exercises


    Chapter 16: Oral Reports: Talking About Research Results

    A. The Purpose of an Oral Report
    B. Preparing for an Oral Report
    C. The Presentation


    Chapter 17: Preparing for and Writing the Law School Exam

    A. The Purpose of an Examination
    B. Preparing for an Examination
    C. Exam-Taking Strategies
    D. Writing Your Answer
    E. Exam Composition
    F. At the End
    G. Sample Property Exam Question and Annotated Answer


    Part III: Appellate Advocacy


    Chapter 18: Appellate Advocacy: An Overview

    A. What is an Appeal?
    B. How Appellate Courts Differ from Trial Courts
    C. Finding a Basis for an Appeal
    D. Standards of Appellate Review
    E. Procedural Requirements on Appeal
    F. Appellate Briefs and Oral Argument
    Exercises


    Chapter 19: Introduction to Persuasion and the Appellate Brief

    A. Persuasion is an Everyday Activity
    B. Know Your Audience
    C. The Appellate Brief
    D. The Parts of an Appellate Brief
    E. Crafting an Effective Appellate Brief
    F. Constructing a Sound Argument: Logical Devices
    G. Attacking an Argument: Logical Fallacies
    Exercises


    Chapter 20: The Appellate Brief: The Argument Section

    A. Finding a Basis for an Appellate Argument
    B. The Format of a Legal Point
    C. Writing a Compelling Lead
    D. Stating and Supporting a Rule That Favors Your Client
    E. Applying the Rule
    F. Rebutting Your Adversary's Positions
    G. Conclusion
    H. Point Headings
    I. Arranging Points in a Multi-Issue Argument
    Exercises


    Chapter 21: The Appellate Brief: The Statement of the Case Section

    A. The Procedural History
    B. The Statement of Facts
    C. An Example of How Lawyers Craft a Statement of Facts
    Exercises


    Chapter 22: The Appellate Brief: Ancillary Sections

    A. The Opening Sections of the Appellate Brief: The Title Page,

    Table of Contents, and Table of Authorities

    B. The Question Presented
    C. Summary of the Argument
    D. The Closing Sections of the Appellate Brief: the Conclusion,

    Signature, and Appendix

    Exercises


    Chapter 23: The Reply Brief

    A. The Purpose of the Reply Brief
    B. The Format of the Reply Brief
    C. Crafting an Effective Reply Brief
    D. Tone


    Chapter 24: Oral Argument in an Appeal

    A. The Purpose of an Oral Argument
    B. The Procedure for an Oral Argument
    C. Preparing for an Oral Argument
    D. The Presentation


    Appendix A: Memorandum of Law: Criminal Charge
    Appendix B: Memorandum of Law: Civil Claim
    Appendix C: Memorandum of Law: Possible Appeal of Conviction
    Appendix D: Appellant's Brief
    Appendix E: Appellee's Reply Brief

    Glossary
    Acknowledgments
    About the Authors
    Index of Hypothetical Names and Cases
    General Index

     

    Cathy Glaser


    Lynn Boepple Su


    Robert A. Ruescher


    Jethro K. Lieberman


     

Memorial Day Special Event: Save 15% and we?ll donate 15% of your order to the National Veterans Legal Services Program
The item you are trying to order is restricted to a quantity of 1 per order. Please complete the current order and place a new order for additional copy.
We are currently experiencing difficulties in adding this product to the cart. Please contact customer support at 1-800-543-6862 for assistance. You may continue to shop for other products in the store.

Products to Consider

FasTrain--Legal Writing Manual
This guide to legal writing is a quick read, yet contains some of the best ...

Interviewing and Interrogation for Law Enforcement, 2nd
Anderson Criminal Justice titles are now available through Elsevier Science & Technology, at www.elsevierdirect.com.

Legal Reasoning, Writing, and Other Lawyering Skills, Third Edition (2011)
Robin Wellford Slocum, Professor of Law, Chapman University School of Law

Legal Writing and Other Lawyering Skills, Fourth Edition, 2004
Nancy L. Schultz, Professor of Law, Chapman University School of Law; Louis J. Sirico Jr., Professor of Law and Director, Legal Writing Program, Villanova University School of Law

The Theory and Craft of American Law (1981)
The late Soia Mentschikoff; Irwin Stotzky, Professor of Law, University of Miami School of Law