Understanding and Using Legal Rules
Legal Writing: A Contemporary Approach (Ann Sinsheimer, Teresa Kissane Brostoff, and Nancy M. Burkoff, eds., West Academic Publishing, 2014)
22 Pages Posted: 25 Jan 2015
Date Written: December 22, 2014
Learning to brief a case is an important skill for new law students. But what do lawyers do with these discrete components of a judicial opinion? After successfully identifying the procedural posture, the court’s reasoning, the determinative facts, and the rule of law from an individual case, lawyers will use these judicial opinions to identify the rule of law governing a particular subject area and will use this rule to address legal problems. This chapter will focus on learning to use legal rules.
Keywords: legal writing, legal rules, brief writing, court rules, courts, legal analysis, rule synthesis, precedent, hierarchy of legal authority
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