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Advanced Legal Research and Writing: Mastering the Art of Persuasion
Author: Professor Amelia Hernandez, J.D., LL.M. (Harvard), Professor of Law, University of California, Berkeley, School of Law.
Publisher: LexisNexis, a leading provider of legal research tools and resources.
Editor: Dr. Eleanor Vance, Ph.D., J.D., former Chief Editor of the Yale Law Journal.
Abstract: This narrative explores the intricacies of advanced legal research and writing, illustrating its significance through personal anecdotes and real-world case studies. It emphasizes the crucial role of advanced legal research and writing in achieving successful legal outcomes, highlighting the skills and strategies required to master this multifaceted discipline.
1. Introduction: Beyond the Basics of Advanced Legal Research and Writing
My journey into the world of advanced legal research and writing began not in a hallowed courtroom, but in the hushed stacks of a university library. As a fledgling law student, I approached legal research with a sense of daunting apprehension. Westlaw and LexisNexis felt like alien landscapes, filled with cryptic abbreviations and endless databases. My early attempts at legal writing resembled rambling, disorganized essays, far removed from the concise and persuasive arguments I aspired to craft. This experience, however, served as a powerful catalyst. It underscored the importance of mastering advanced legal research and writing not just for academic success but for achieving justice and influencing legal outcomes in the real world.
2. The Core Components of Advanced Legal Research and Writing
Advanced legal research and writing is more than just knowing where to find statutes and cases. It's about developing a sophisticated understanding of legal doctrine, mastering research methodologies, and honing persuasive writing techniques. This involves:
Developing a robust research strategy: This includes clearly defining the research question, identifying relevant keywords, utilizing Boolean operators effectively, and navigating complex databases like Westlaw and LexisNexis. Advanced techniques include using citators to verify the current status of legal authorities and identifying persuasive authority from other jurisdictions.
Mastering advanced legal research techniques: This goes beyond simple keyword searches. It involves utilizing advanced search operators, understanding the hierarchical structure of legal databases, and employing targeted search strategies to unearth relevant yet obscure precedents. For example, using "natural language searching" can be incredibly effective when the precise legal terms are unknown.
Crafting compelling legal arguments: This involves structuring arguments logically, using strong evidence to support claims, and anticipating counterarguments. Effective legal writing demands clarity, precision, and conciseness—qualities honed through meticulous practice and feedback. Advanced techniques include the use of persuasive analogies, effective use of hypothetical scenarios, and the skillful integration of policy arguments.
3. Case Studies: The Power of Advanced Legal Research and Writing in Action
One case I recall vividly involved a pro bono client accused of a white-collar crime. Initial research using basic keywords yielded limited results. However, by employing advanced research techniques, including targeted searches using specific case names and detailed factual scenarios, we unearthed a previously overlooked precedent from a neighboring state that provided a crucial defense strategy. This discovery, a direct result of diligent advanced legal research, significantly altered the course of the case, ultimately leading to a favorable outcome for our client. This highlighted the power of advanced legal research and writing in achieving justice.
Another case involved a complex intellectual property dispute. The success of our argument relied on identifying and synthesizing a vast body of case law and regulatory material from multiple jurisdictions. Advanced legal research and writing enabled us to build a compelling narrative, connecting seemingly disparate precedents to establish a strong legal foundation for our client's position. The ability to present this complex information clearly and persuasively was critical to the success of the case.
4. Personal Anecdotes: Lessons Learned
Throughout my career, I’ve learned that advanced legal research and writing is a continuous learning process. I remember a particularly challenging case where I spent weeks wrestling with a seemingly intractable legal issue. My initial research attempts yielded frustratingly thin results. It was only after I sought advice from a seasoned legal researcher and refined my search strategy that I finally unearthed the key precedent that unlocked the solution. This experience reinforced the importance of seeking mentorship and continuously refining one's research skills.
Another lesson learned came from a writing workshop. A colleague's seemingly airtight argument crumbled under scrutiny because the underlying research was flawed. This experience highlighted the interconnected nature of research and writing; a strong argument depends on meticulously researched and accurately presented evidence.
5. Developing Advanced Legal Research and Writing Skills
Mastering advanced legal research and writing requires dedication, practice, and a willingness to learn from mistakes. This involves:
Continuous learning: Staying abreast of legal developments, new technologies, and research methodologies.
Seeking feedback: Regularly soliciting feedback from mentors, colleagues, and professors.
Practicing consistently: Writing regularly, focusing on clarity, precision, and persuasiveness.
Utilizing legal research tools effectively: Becoming proficient in using Westlaw, LexisNexis, and other relevant databases.
Developing strong analytical and critical thinking skills: This is fundamental to crafting effective legal arguments.
6. The Future of Advanced Legal Research and Writing
The legal landscape is constantly evolving, with technological advancements profoundly impacting how legal research and writing are conducted. The rise of artificial intelligence (AI) is transforming legal research, offering new tools for analyzing large datasets and identifying relevant precedents. However, human judgment and critical thinking remain indispensable in interpreting legal information and crafting persuasive arguments. The future of advanced legal research and writing lies in the skillful integration of technology and human expertise.
7. Conclusion
Advanced legal research and writing is the cornerstone of effective legal practice. It's a dynamic field that requires continuous learning, meticulous attention to detail, and a commitment to excellence. By mastering these skills, legal professionals can effectively advocate for their clients, contribute to the development of the law, and ultimately, strive towards a more just and equitable legal system. The ability to conduct advanced legal research and writing is no longer a luxury but a necessity for success in the modern legal world.
FAQs
1. What are the key differences between basic and advanced legal research? Basic research involves simple keyword searches, while advanced research utilizes sophisticated search techniques, Boolean operators, and citators to find more nuanced and relevant information.
2. How can I improve my legal writing skills? Practice consistently, seek feedback, read examples of strong legal writing, and focus on clarity, precision, and conciseness.
3. What are some essential legal research tools? Westlaw, LexisNexis, and Bloomberg Law are among the most widely used legal research databases.
4. How important is understanding legal doctrine in advanced legal research? It is crucial. A strong understanding of legal doctrine allows you to formulate effective research strategies and interpret legal precedents accurately.
5. What role does technology play in advanced legal research? Technology significantly streamlines the research process, offering tools for faster searches, analysis of large datasets, and access to a wider range of resources.
6. How can I develop a strong research strategy? Clearly define your research question, identify key terms, and develop a structured approach to searching different databases.
7. What are some common mistakes to avoid in legal research? Overlooking relevant case law, failing to verify the current status of precedents, and neglecting to consider counterarguments.
8. How can I improve my ability to synthesize information from multiple sources? Practice summarizing and comparing different sources, and develop a system for organizing your research notes.
9. Where can I find resources to improve my advanced legal research and writing skills? Many law schools, bar associations, and professional organizations offer workshops, seminars, and online resources.
Related Articles:
1. "The Art of Legal Argumentation: Crafting Persuasive Briefs and Memos": This article explores the strategies and techniques for constructing persuasive legal arguments, focusing on clear writing, logical structure, and effective use of evidence.
2. "Mastering Legal Citation: A Comprehensive Guide to Bluebooking and Other Citation Styles": This guide provides a thorough overview of various legal citation styles, including the Bluebook, with practical examples and tips for accurate citation.
3. "Advanced Boolean Searching Techniques for Legal Research Databases": This article focuses on the effective use of Boolean operators and other advanced search strategies in legal research databases.
4. "Legal Research and Writing in the Digital Age: Utilizing AI and Emerging Technologies": This explores the impact of artificial intelligence and other emerging technologies on legal research and writing practices.
5. "Effective Use of Case Law in Legal Arguments: Analysis and Application": Focuses on understanding and applying case law effectively within legal arguments.
6. "Strategic Research Planning for Complex Legal Cases": This provides a framework for planning and executing research for complex cases involving multiple jurisdictions or legal areas.
7. "Writing Effective Legal Opinions: A Guide for Lawyers and Judges": Focuses on the unique requirements of writing clear, concise, and legally sound opinions.
8. "Ethical Considerations in Legal Research and Writing": Explores the ethical responsibilities of legal professionals in conducting research and presenting arguments.
9. "Using Secondary Sources Effectively in Legal Research": This article discusses the appropriate use and limitations of secondary sources like law review articles and treatises in legal research.
| advanced legal research and writing: A Short and Happy Guide to Advanced Legal Research ANN W. LONG, 2020-02-19 Legal research can be costly for students and practitioners in two ways: time and money. A SHORT & HAPPY GUIDE TO ADVANCED LEGAL RESEARCH identifies available free and fee-based legal research options as good, cheap and/or fast. This book can streamline the process of legal research involving any subject matter and during any stage of civil litigation. An overview of the litigation analytics and artificial intelligence features available from Bloomberg Law, Lexis Advance, and Westlaw Edge is also included, in the likely event you graduated from law school before 2019. Ann Walsh Long is the Head of Research & Digital Collections/Assistant Professor of Law at the Lincoln Memorial University School of Law. Ann has also worked at the Environmental Protection Agency's Headquarters Library and in four Big Law firms. As a former law firm librarian, Ann taught hundreds of summer and new associates how to conduct cost-effective legal research, and advised firms on how best to recover those costs from clients. |
| advanced legal research and writing: Advanced Legal Writing Michael R. Smith, 2014-11-12 With a practical focus on persuasive writing strategies, Advanced Legal Writing: Theory and Strategies in Persuasive Writing explores three classical techniques: logos, pathos, and ethos, and provides students with a thorough introduction to the elements of rhetorical style. Unlike many other advanced legal writing texts, which tend to focus on a document-specific approach, this unique coursebook focuses on classical writing strategies that students can apply to a wide range of settings. The depth and scope of this text make it appropriate for upper-level legal writing courses. The Third Edition has been expanded to include the use of movies and other popular culture media in chapters dealing with literary references. There have also been substantial revisions to the chapter on policy. Features: Comprehensive coverage of the technical aspects of rhetorical style: metaphor, literary allusion, and figures of speech. Emphasizes theory as well as practice, building on three basic strategies of persuasive legal writing: Logos: Logic and rational argument. o Pathos: Value-based argument. Ethos: Establishing credibility. Highlights interdisciplinary contributions to persuasive writing from diverse fields, including cognitive psychology, classical rhetoric, and morality theory. Presents effective strategies that extend beyond the trial or appellate brief to a broad range of documents and settings. Covers new developments in cognitive psychology, pathos, persuasion, and the role of metaphor in persuasive legal writing. Depth and scope appropriate for upper-level legal writing classes. Thoroughly updated, the revised Third Edition offers: Substantial revisions to the chapter on policy. Expanded chapters on literary references now include other media, e.g., movies and other pop culture platforms. |
| advanced legal research and writing: Where the Law is Joanne D. S. Armstrong, Christopher A. Knott, 2009 This newly updated law school textbook and course reference is designed specifically for advanced legal research classes and for upper-level students who want to achieve a better understanding of how to use the sources of legal information that they learned about in their introductory courses. It provides in-depth guidance through the research process, advice on format selection, and detail about the tools and techniques needed to function as skilled legal researchers. Up-to-date discussion of all media is fully integrated throughout, focusing on the types of information the researcher needs, rather than on descriptions of particular information products. |
| advanced legal research and writing: Legal Method and Writing Charles R. Calleros, 1998 Legal Method and Writing is a sophisticated yet accessible book that takes a comprehensive and practical approach to writing and analysis skills. The book's coverage includes different types of legal writing, including writing in law school, writing in the law office, advocacy writing, appellate brief, pretrial advocacy, and writing to parties. |
| advanced legal research and writing: Texas Legal Research Spencer L. Simons, 2016 Texas Legal Research, Second Edition, is a practical, process-oriented guide to the skills and resources necessary to research Texas law. The book is designed for teaching first-year students, either as a stand-alone text or in conjunction with a research text focusing on federal law. The book is also suitable for use in advanced legal research courses. Others who will find the book useful include practitioners, paralegals, college students, laypersons, and anyone needing a concise handbook on how to find and use Texas legal materials. The book begins by explaining the nature and types of legal authority. The process of legal research and control of legal research projects are described in the first chapter, with an emphasis on the integral nature of legal research and legal analysis. These concepts are revisited and reinforced throughout the book. The second chapter explains basic principles underlying legal research, factors to consider in choosing whether to search online or in print, and techniques to add power and precision to legal research. Since students often use online research tools from the beginning of their studies, the second chapter also introduces online searching techniques and principles. Research using print and online resources is explained for each type of legal resource throughout the book. The order of coverage of types of legal authority has been substantially changed in the second edition, in order to track the author's recommended research process. Secondary materials are now addressed in chapter 3, followed by chapters devoted to the resources and techniques of constitutional research, statutory research, legislative history research, administrative agency law research, and case law research. The second edition adds an entirely new chapter on Texas local government law research. The historical and governmental roots of Texas legal resources are traced for each type of primary law. Updating techniques are explained in context for each type of legal material and a chapter is devoted to the use of online citators. An appendix explains the basics of legal citation, the use of the Greenbook and the Bluebook, special rules of Texas citation, and the ALWD Guide to Legal Citation. The second edition contains a new appendix discussing techniques for searching directly in the online case databases included in Westlaw, Lexis Advance, and Bloomberg Law. Most chapters contain tables with step-by-step guides to research in particular types of legal resources, as well as summaries of other critical information. Screenshots and images of research materials are included to illustrate the lessons of the text. For each type of resource, research in federal law is addressed following the discussion of research in Texas law. This book is part of the Legal Research Series, edited by Suzanne E. Rowe, Director of Legal Research and Writing, University of Oregon School of Law. |
| advanced legal research and writing: Legal Writing and Legal Skills for Foreign LL.M. Students Karen Lundquist (Law professor), 2017 Softbound - New, softbound print book. |
| advanced legal research and writing: Legal Writing KRISTEN KONRAD. TISCIONE, 2021-07-08 CasebookPlus Softbound - New, softbound print book includes lifetime digital access to an eBook, with the ability to highlight and take notes, and 12-month access to a digital Learning Library that includes self-assessment quizzes tied to this book, leading study aids, an outline starter, and Gilbert Law Dictionary. |
| advanced legal research and writing: Advanced Legal Writing Michael R. Smith, 2002 Advanced Legal Writing: Theories and Strategies in Persuasive Writing is exceptionally well suited for use in upper level Legal Writing courses that focus on strategy.The author's distinctive approach: - emphasizes persuasive writing strategies and explores specific techniques for legal writers - combines theory with practicality by taking an interdisciplinary approach - avoids a documents-based approach, going beyond the trial or appellate brief to identify effective strategies for a broad range of documents and settings - follows a consistent format, offering for each writing strategy: - an explanation of its nature and characteristics - an account of the theoretical principles that explain their effectiveness - detailed how-to guidelines for students to use in their own writing - numerous examples of proper use of the strategy and exercises - consideration of ethical implications - a thorough Teacher's ManualThe book is divided into five main parts that cover: - literary references and their value in persuasive writing - the three basic processes of persuasion: logic and rational argument, emotional argument, and establishing credibility - rhetorical style - persuasive writing strategies based on psychology theory - the ethics and morality of persuasionBe sure to review Advanced Legal Writing: Theories and Strategies in Persuasive Writing before you make an adoption decision for your course. |
| advanced legal research and writing: Legal Research, Analysis, and Writing Joanne Banker Hames, Yvonne Ekern, 2011 LEGAL RESEARCH, ANALYSIS, AND WRITING, 4/e fully integrates the basics of legal research, analysis, and writing, bringing together all the basic knowledge and tools students need to research and analyze a legal problem and communicate the results in diverse forms of legal memoranda. It provides many highly realistic research and writing exercises, as well as new tools designed to help students become more effective writers. Throughout, it clarifies the interrelationships among legal research, analysis, and writing, enabling students to experience the total process as it is performed in practice. Reflecting today's new realities, this edition also contains extensive new coverage of Internet-based research on both free and fee-based sites. |
| advanced legal research and writing: Legal Scholar’s Guidebook Elizabeth E. Berenguer, 2020-02-03 The Legal Scholar’s Guidebookdemystifies academic legal writing by providing concrete advice on topic selection, research strategies, and analytical frameworks. It is an essential resource for any serious legal scholar. Nascent scholars will find it a reassuring guide through a demanding process and experienced scholars will find it a source of encouragement. Wherever you are on your scholarly journey, the Guidebook is your compass. Scholars will benefit from: Chapter Brainstormsthat contain Questions guiding entry into stages of the research and writing process. Squelch the Impostor tips that include advice to manage stress inherent at each stage of the research and writing process. Specific assignments to methodically guide the scholar through each stage. Examples, Guides, and Checklists that provide samples to help the scholar understand expectations at each stage. |
| advanced legal research and writing: Academic Legal Writing Eugene Volokh, 2003 Resource added for the Paralegal program 101101. |
| advanced legal research and writing: Beyond the Basics Mary Barnard Ray, Barbara J. Cox, 2013 Softbound - New, softbound print book. |
| advanced legal research and writing: The Legal Writing Handbook Laurel Currie Oates, Anne Enquist, Kelly Kunsch, 1993 |
| advanced legal research and writing: A Short & Happy Guide to Property Paula Ann Franzese, 2012 This efficient and effective Second Edition takes difficult subject matter and makes it understandable, enjoyable and easy to remember. Professor Franzese provides an immensely accessible framework and invaluable techniques for mastering the top ten themes of Property law, adverse possession, the rule of capture, the law of finders, estates and future interests including the dreaded rule against perpetuities), concurrent estates, landlord-tenant law, servitudes, land transactions, the recording system, zoning and eminent domain. This indispensable book also includes helpful exam-taking techniques and some healthy perspectives on converting peace of mind while in law school. Learn from this nine-time recipient of the Professor of the Year Award and nationally acclaimed teacher and become a Property connoisseur! Book jacket. |
| advanced legal research and writing: Legal Research and Writing for Paralegals Deborah E. Bouchoux, 2013-10-31 A clear, well-organized text for the introductory legal research and writing course, designed specifically for paralegal students. |
| advanced legal research and writing: The Comprehensive Guide to Legal Research, Writing & Analysis Annette L. Demers, Moira McCarney, Shelley Kierstead, Ruth Kuras, 2024 The fourth edition of this text addresses the needs of changing curriculum and new courses and programs in Indigenous law by including a dedicated chapter on Indigenous legal research from members of the Indigenous Law Research Unit at the University of Victoria. This new content assists Canadian common law schools and the FLSC in fulfilling the Calls to Action from the Truth and Reconciliation Committee, specifically Calls to Action numbers 27and 28.-- |
| advanced legal research and writing: The Essential Guide to Doing Your Research Project Zina O'Leary, 2013-11-18 The Essential Guide to Doing Your Research Project 2e is the ultimate companion to successfully completing your research project. Warm and pragmatic, it gives you the skills and the confidence needed to succeed no matter what happens along the way. The book guides you through every step of your research project, from getting started to analysing data and writing up. Each stage is clearly set out, highlighting best practice and providing practical tips and down-to-earth advice for actually doing research. Key features include: Fully developed companion website including podcasts, worksheets, examples of real projects and links to journal articles Chapter summaries Boxed definitions of key terms Full glossary Suggestions for further reading Bursting with real world examples and multidisciplinary case studies, this book addresses the key questions posed by anyone hoping to complete a research project. It is the must-have textbook every student needs. Available with Perusall—an eBook that makes it easier to prepare for class Perusall is an award-winning eBook platform featuring social annotation tools that allow students and instructors to collaboratively mark up and discuss their SAGE textbook. Backed by research and supported by technological innovations developed at Harvard University, this process of learning through collaborative annotation keeps your students engaged and makes teaching easier and more effective. Learn more. |
| advanced legal research and writing: Oran's Dictionary of the Law Daniel Oran, Mark Tosti, 2008 This book gives the reader the core of each legal idea and helps them understand the American legal system as well as how to approach research tasks. It precisely explains contracts, laws, court decisions, and lawyers. It also includes a section on computerized legal research and overhauled sections on bankruptcy, intellectual property, litigation support, national security and other rapidly changing subject areas. |
| advanced legal research and writing: Legal Writing for International Students Susan Reid, 2005 Business letter writing, including sample letters and useful phrases Legal writing instruction, including contracts, briefs, irac format Reading and vocabulary building strategies Readings and writing exercises in legal contexts with a focus on law school preparation: Essay structures and rhetorical modes Advanced grammar and exercises Research writing. |
| advanced legal research and writing: Legal Research and Writing Robert P. O'Neill, 2016-01-26 KEY BENEFIT: Legal Research and Writing: A Practical Approach for Paralegals introduces readers to the process of legal research and writing with a very readable, yet thorough, step-by-step approach. Students will become proficient in legal research through easy-to-understand text and helpful visual aids, the application of learned concepts to a recurring case study, as well as many practical and engaging problems and fact-based exercises. Utilizing both print and online sources, students will learn how to conduct legal research with maximum results. The text provides a unique guided approach to Westlaw® and Lexis® instruction and a comprehensive case study where students must apply the skills they've learned throughout the course. They will learn where to find the law, as well as how to effectively read, understand, analyze, and apply the law to any given fact pattern. In addition, detailed instruction is provided on the rules for quality writing and the important and practical skills of legal analysis, proofreading, editing, and cite-checking. In short, this book will equip the student with all the necessary tools needed to complete any basic legal research assignment. KEY TOPICS: Practical Approach, Research Fundamentals, Step-by-Step Process, Comprehensive, Case Study, My Law MARKET: For courses in legal research and writing. |
| advanced legal research and writing: Fundamentals of Legal Research J. Myron Jacobstein, Roy M. Mersky, 1985 |
| advanced legal research and writing: Principles of Legal Research KENT. KIRSCHENFELD C.OLSON (AARON S.. MATTSON, INGRID.), Aaron S. Kirschenfeld, Ingrid Mattson, 2020-08-26 Principles of Legal Research provides comprehensive yet concise coverage of research methods in both online and printed resources. It has been thoroughly updated to explain the latest features of the major legal research platforms as well as dozens of other free and subscription websites. In this expanded and reorganized edition, an introductory survey of research strategies is followed by discussion of major secondary sources, treatment of the sources of U.S. law created by each branch of government, chapters on specialized resources for litigation and transactional practice, and an overview of international and foreign law. Other new features include a deeper look at search algorithms and executive branch lawmaking. Sample illustrations are included throughout, and an appendix lists hundreds of major treatises and topical services by subject. |
| advanced legal research and writing: Legal Writing Simon Dorset, Sarah Hughes, Jonathan Scragg, Matthew Harris, Lynne Taylor, Stephen Hunter, Andrew Simpson, Aaron Sheriff, Richard John Scragg, 2014-07 |
| advanced legal research and writing: Writing for the Legal Audience Wayne Schiess, 2014 First published in 2003, Writing for the Legal Audience guides lawyers, paralegals, and law students through sensible, practical advice for writing to a dozen legal audiences, from supervisors to appellate judges and from clients to opposing counsel. Each chapter focuses on a different audience for legal writing and presents three concrete recommendations for satisfying that audience. The recommendations are amply supported with explanations, references to the leading experts, and numerous before-and-after examples. The second edition is thoroughly revised, with new tips, new examples, and up-to-date advice for producing clear, readable, effective legal writing. In addition, Schiess has added a new chapter, Writing for the Screen Reader, that offers advice for preparing legal documents aimed at readers who will encounter the text electronically on a computer, tablet, or handheld device. |
| advanced legal research and writing: Business Law and the Legal Environment Jethro K. Lieberman, George J. Siedel, III, 1993-04 |
| advanced legal research and writing: ALWD Companion Coleen M. Barger, Brooke J. Bowman, Association of Legal Writing Directors, 2010 The ALWD Companion: A Citation Practice Book , by Coleen Barger and Brooke Bowman , helps students to master legal citation through a graduated variety of well-organized exercises that build fundamental citation skills and familiarity with the ALWD |
| advanced legal research and writing: Effective Lawyering Austen L. Parrish, Dennis T. Yokoyama, 2007 This book is for law students and practitioners who want to learn, or be reminded of, the fundamentals of legal writing and oral advocacy. Effective Lawyering concisely describes useful, yet often neglected, writing techniques. The book has pithy discussions of:(1) ways to avoid recurring, yet frequently overlooked, writing problems;(2) sensible approaches to writing common legal documents; and(3) methods for preparing an oral argument.In addition, it provides the reader with a series of checklists to turn to when undertaking a writing project or preparing for oral argument. The authors have designed the book for practicing attorneys as well as law students. The book is an ideal supplement for first-year and advanced legal writing courses, for upper-division skills courses, and for students participating in law journals or moot court programs. Short and to-the-point, the book's unique check-list approach will help law students and practitioners improve their writing methodically. |
| advanced legal research and writing: Researching and Writing in Law Terry C. M. Hutchinson, 2018-03-07 The revolution in legal research provides exciting challenges for those exploring and writing about the legal landscape.Researching and Writing in Law, 4th Edition is an updated research guide, mapping the developments that have taken place and providing the keys to the fundamental electronic sources of legal research, as well as exploring traditional doctrinal methodologies. Included in this edition are extensive checklists for locating and validating the law in Australia, England, Canada, the United States, New Zealand, India and the European Union. Law students and members of the practising profession aiming to update their research, knowledge and skills will find Researching and Writing in Law, 4th Edition invaluable. |
| advanced legal research and writing: Introduction to Paralegalism: Perspectives, Problems and Skills William Statsky, 2015-02-02 Master the hands-on skills you’ll need to succeed in a modern law office with INTRODUCTION TO PARALEGALISM, 8e. Ten critical skills are covered in the book: identifying legal issues, breaking rules into elements,applying rules to facts interviewing clients, investigating facts, digesting discovery documents, providing litigation assistance, researching the law, drafting documents, and representing clients at administrative agencies where authorized by law.Packed with real-life insights and real-world examples,the text helps you understand the ethical guidelines that lawyers and paralegals must follow and covers the efforts underway to regulate the profession in legislatures, courts, bar associations, and paralegal associations. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version. |
| advanced legal research and writing: Legal Argument James A. Gardner, 2007 Legal Argument: The Structure and Language of Effective Advocacy is a full-featured guide designed primarily for law students in research, writing, analysis and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation--cases, statutes, testimony, documents, common sense--into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument. Intuitive organization presents the material in five parts: Part I sets out a general methodology for constructing legal arguments. Part II focuses more closely on the construction of persuasive, well-grounded legal premises, and covers the effective integration of legal doctrine and evidence into the argument's structure. Part III shows how to put the method to work by giving two detailed examples of the construction of complete legal arguments from scratch. Part IV provides a detailed protocol for reducing well-constructed legal arguments to written form, along with a concrete illustration of that process. It also provides concrete advice on how to recognize and avoid a host of common mistakes in the written presentation of legal arguments. Part V moves from the basics into more advanced techniques of persuasive legal argument, including rhetorical tactics like framing and emphasis, how to respond to arguments, maintaining professionalism in advocacy, and the ethical limits of argument. |
| advanced legal research and writing: Rhetoric for Legal Writers Kristen Konrad Tiscione, 2016 Softbound - New, softbound print book. |
| advanced legal research and writing: Legal Research Margaret Helen Kerr, JoAnn Kurtz, Arlene Blatt, 2017-11 This book offers students a comprehensive guide to conducting legal research in paralegal and law clerk programs.-- |
| advanced legal research and writing: Oregon Legal Research Suzanne E. Rowe, Megan Austin, 2019 |
| advanced legal research and writing: Teachinglaw.com Diana Donahoe, 2007-01-01 TeachingLaw.com brings the classroom to life: - engages students both inside and outside of the classroom, using multimedia, animation, annotated samples, and interactive exercises to cover research, writing, grammar, and citation - merges a sophisticated pedagogical design with content, both authored by Professor Diana Donahoe gives instructors the means to enhance traditional lectures with more interactive and collaborative teaching methods that complement their own style and expertise - provides a discoverybased, active learning environment where students can read, research, and write simultaneously and digest material more thoroughly and effectively - allows for a paperless classroom! As a classroom management system, this online coursebook allows instructors to upload projects and course materials into file folders from which students can download projects and upload finished, automatically time-stamped assignments - class-tested for two years -- and in use for the 2006-2007 academic year -- at Georgetown University |
| advanced legal research and writing: The Science Behind the Art of Legal Writing Catherine J. Cameron, Lance N. Long, 2019 What evidence exists to support the advice that legal writing professors offer their students? For example, do legal readers really prefer short sentences and the active voice? Is outlining the best way to start a memo or brief? Can a certain font type make a brief more persuasive? Is deductive reasoning the most effective form of legal reasoning? Will a legal writer view the use of the word clearly with skepticism? Are judges annoyed by minor grammatical errors or typos? These questions and many more are addressed in The Science Behind the Art of Legal Writing. This text provides easy access to research in the form of social psychological experiments, statistical analyses, and surveys (some done by others and some done by the authors), which suggest that much of the advice given to legal writing students is backed by solid science. As a supplemental text for a first-year legal writing course, or as a primary text for an advanced legal writing course, The Science Behind the Art of Legal Writing provides the evidence--besides saying because I told you so--for requiring students to follow many common legal writing conventions. As the first comprehensive compilation of research addressing legal writing, The Science Behind the Art of Legal Writing provides a much-needed resource to legal writing professionals. The second edition updates the research in the first addition and adds chapters addressing the science of passive voice and the effect of legal training on how students read legal text. Praise for the first edition: Even when incorporating the scientific elements of writing, this book is highly readable and well paced. In fact, the explanations not only embrace their scientific roots but the underlying philosophy as well, including chapters on deductive reasoning and syllogisms. This adds to the appeal of the book, especially for those less inclined to a scientific read...Overall, Cameron and Long have created a book that is valuable for first-year law students and legal scholars alike. Its insights bring new life into old legal writing wisdom. The book's well-organized discussions on everything from outlining to the ethics of legal writing make this a great addition to a legal writing collection. -- Amy Lipford, Law Library Journal, Vol. 107:4 Praise for the second edition: The Science Behind the Art of Legal Writing is a book that belongs in every academic law library collection and every legal writing professor's office. In the introduction, the authors acknowledge the plethora of legal writing texts available to complement any legal writing program, but this is the first to explain the science behind the directives given by legal writing professors and legal writing textbooks. It is a one-stop shop for learning and understanding the science behind legal writ-ing, where students can learn to make informed and logical choices on how to structure their legal writing. -- Whitney A. Curtis, Law Library Journal, Vol. 112:3 |
| advanced legal research and writing: Guide to Legal Analysis and Writing Ee Ing Ong, 2023 |
| advanced legal research and writing: Legal Research and Writing Methods Anwarul Yaqin, 2008 |
| advanced legal research and writing: Sourcebook on Legal Writing Programs Eric B. Easton, 2006 |
| advanced legal research and writing: Teaching Legal Research Barbara Bintliff, Duncan Alford, 2013-09-13 Legal research is a fundamental skill for all law students and attorneys. Regardless of practice area or work venue, knowledge of the sources and processes of legal research underpins the legal professional’s work. Academic law librarians, as research experts, are uniquely qualified to teach legal research. Whether participating in the mandatory, first-year law school curriculum or offering advanced or specialized legal research instruction, law librarians have the up-to-date knowledge, the broad view of the field, and the expertise to provide the best legal research instruction possible. This collection offers both theoretical and practical guidance on legal research education from the perspectives of the law librarian. Containing well-reasoned, analytical articles on the topic, the volume explains and supports the law librarian’s role in legal research instruction. The contributors to this book, all experts in teaching legal research, challenge academic law librarians to seize their instructional role in the legal academy. This book was based on a special issue of Legal Reference Services Quarterly. |
| advanced legal research and writing: Putting Skills Into Practice Daniel L. Barnett, 2014-10-30 Putting Skills Into Practice: Legal Problem Solving and Writing for New Lawyers is a concise new book that can be used either as the main text for an advanced legal writing course focused on preparing practice-ready documents, or as a reference for new associates. The author, Daniel L. Barnett of the William S. Richardson School of Law, University of Hawaii, has consulted at a variety of law firms. He has found that new lawyers often struggle to complete the projects they are assigned, often because they do not understand how to apply the skills and knowledge they acquired in law school. This step-by-step guide leads advanced legal writing students and new associates through the process of completing typical assignments. It begins with the essential legal process question of determining the law that applies to the issue at hand and then guides readers through sophisticated questions of how to handle unclear analysis in different types of legal documents. |
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