Argument Section of Legal Brief


This section is relatively simple – each legal argument begins with the name of the plaintiff and defendant, in the format: plaintiff vs. defendant. There is often confusion about the term “legal pleading.” There are at least two different meanings in which the term is used. In this section, you will write your argument and your side of the case. This may include the application of the rule of law that the court applied to the facts listed earlier in the pleadings to support your argument. The quotation indicates how the case reporter can be found in the corresponding case reporter. If you only know the title of the case, you can find the citation via the case document on this court via Google Scholar or one of the electronic legal databases subscribed to by the library (Westlaw or LEXIS-NEXIS). Legal notes and legal pleadings appear to have a similar structure. However, the purpose of these documents and the audience for which they were written are different. Drafting an effective pleading involves identifying the problems in a case, citing the right authority, and creating a legal argument. Lawyers must also organize information correctly and consistently within the framework of a legal mandate. A legal letter template can help you write more efficiently and eliminate the need to start from scratch every time.

A legal advice template provides a good structure to get you started, but you still need to write the letter. Here are some tips to keep in mind when completing the briefing: This section is the main part of your legal mandate and should include all the relevant facts to support your reasoning for the case. The title of the case indicates who is against whom. The name of the person who brought an action in that particular court is always displayed first. Since losers often appeal to a higher court, this can become confusing. The first section of this guide will show you how to identify players without a scorecard. Legal notes are versatile and can summarize legal issues for clients, partners, other lawyers, or court officials. They can also be relatively informal. A good student letter contains a summary of the relevant facts and legal points raised in the case.

It will show the nature of the dispute, who sued whom, based on what incidents and what happened in the lower courts. A legal brief is a document that argues your point of view above that of the other party. It describes why your client should win or have an application approved by the judge or other court official. This is an important document because it provides officials with contextual information and a platform for your reasoning before a possible hearing date. Of course, the implications of this case went far beyond the situation of Miss Brown, the Topeka School Board or even public education. They questioned the continued validity of previous decisions in which the Supreme Court ruled that restricting black Americans to “separate but equal” entities did not deny them “equal protection of the law.” Note these implications in your statement at the end of the brief, in which you set out your observations and comments. There is no quick or easy way to become an expert in legal writing. Ultimately, your writing skills will improve with the practice, time, and reading of other lawyers` briefings for reference. Therefore, learning to write effectively and convincingly as a lawyer will go a long way. An example of this is the drafting of a legal brief – one of the most important court documents a lawyer will write. These can be extended or short, depending on the depth of analysis required and the instructor`s requirements.

A full letter contains the following: the name of the party who is suing in court, at each level of the judicial scale, always appears first in the legal documents. For example, Arlo Tatum and others sued the Federal District Court for an injunction against Defense Minister Melvin Laird and others to prevent the military from spying on them. Tatum and his friends became plaintiffs and the case later became known as Tatum v. Laird. The Tatum group lost in District Court and appealed to the Court of Appeal, where they were described as appellants, and the defendants became the appellants. The case was therefore still known in Tatum v. Laird. The following documents offer some suggestions for drafting a brief to a court – commonly defined as a memorandum of law designed to convince a court of the legal correctness of a position you have defended on behalf of a client in a legal dispute. Narratives in Law: The Statement of Facts in a Trial Brief, Use of Paragraphs and Thesis Development in Legal Argument, and Checklist for Drafting a Trial Brief illustrate the components of a conventional structure for a letter to a trial court and a paradigm for a legal argument. Case Study: Two versions of an essay letter show how an author effectively revised the first draft of a letter to maximize their persuasive potential by strategically using facts, highlighting and developing a thesis, organizing information into paragraphs, and using signposts to guide the reader. Once you have completed your order, you need to review and completely edit your document. I always found it useful to print my letter during proofreading so I wouldn`t fall into a lull when I was looking at my computer screen.

It can also be very helpful for a colleague to go through the document and make suggestions. The design wizard has great tools to help you review your document, including Cite formatting, which allows you to check your citations for typos, and document formatting, which allows you to make sure you`re following court guidelines for things like fonts, letter sizes and margins. This section where you identify the legal issue that will be dealt with in court. Essentially, you need to state the reason why both parties are going to court. Although student letters always contain the same information, the form in which these elements are defined may vary. Before choosing a specific information case form, contact your instructor to make sure the form you choose is acceptable. Each standard legal statement contains a few basic elements: An appeal brief is a written legal argument submitted to an appellate court. Its purpose is to persuade the higher court to confirm or annul the decision of the court of first instance. Briefs of this type are therefore designed to present the issues of the case only from a one-page perspective. Many of the legal research and writing guides include a discussion of student letters, appeal briefs, and other types of legal notes used by practicing lawyers. Examples and more information can be found in the library books listed below: Legal writing is a crucial skill for any lawyer. Over the course of their careers, lawyers draft thousands of documents for different audiences, including clients, other lawyers, court officials, etc.

However, pleadings are almost always exclusively court documents presented to judges or other judicial officials. You need to be more persuasive in your writing and learn how to structure an argument in a legal letter versus a legal note. The facts section of a good student letter contains the following: Depending on how you write a legal brief, it can help or harm a case before you even enter the courtroom. Therefore, it is important for any lawyer to understand what a legal mandate is, how to structure one, and how to always write an effective argument. A legal memory template can help you always understand the key elements of your legal mandate. A pleading is a written argument that a lawyer (or a party in a case) submits to a court to convince that court to rule in favor of his client`s position. A plea must identify the legal issues, set out the facts, and require a court to follow a particular course of action, such as accepting an application at the main hearing or setting aside a lower court`s decision on the appeal. For a court to accept a written submission, it must also meet the necessary procedural criteria. Many novice lawyers struggle here, but remember that quality comes before quantity. The key to this section is to include relevant facts. Do not include all the facts of the case, especially if they are insignificant.

Reasoning or reasoning is the chain of arguments that led the judges, either in a majority opinion or in a dissenting opinion, to decide as they did. This should be emphasized point by point in numbered sentences or paragraphs. Learning how to write an effective legal letter takes time and practice. A short legal template can help you get started and improve your writing skills. NOTE: Many students read cases incorrectly because they do not see the problems in terms of applicable law or case law than for any other reason. There is no substitute for taking the time to carefully formulate the questions so that they actually incorporate the most important provisions of the law in terms that can be answered accurately. It may also be useful to point out problems, such as “procedural issues”, “substantive issues”, “legal issues”, etc. Also keep in mind that the same case can be used by instructors for different purposes, so part of the challenge of the information session is to identify the problems in the case that are at the heart of the topic discussed in class.