In this essay we will discuss the process of legal research, writing, and analysis. The subject matter will be presented in a clear, concise and objective manner. The textbook that we will be referencing is "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed, BarBri Group, 2006. The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant a hearing. The federal and the state court system have the same basic structure. Each consists of a trial court, an appellate court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits which cover most states except the District of Columbia. The federal system also has specialty courts such as the Court of Federal Claims and the United States Tax Court. An important point to keep in mind is that all binding decisions are initiated at the highest court at either the federal or state level. These decisions are precedent only in the jurisdiction where the court presides. Stare decisis refers to the practice of the courts adhering to previously rendered decisions. This is especially true involving United States Supreme Court decisions that have binding authority on both the federal and the state courts. Remember that court decisions in the same jurisdiction only have persuasive authority which is not binding. When a federal or a state appellate or supreme court ... ... middle of paper ... ...r case. You should include a table of contents, a table of authorities, a jurisdiction statement, questions or issues, a statement of the case, a summary of the argument, the argument, and a conclusion. When you write an Opinion or Client letter you are writing to inform or advise a client. Both sides of the case must be presented objectively. Remember that your writing should be informal. It is geared for someone who may not be familiar with legal jargon. State the facts or issues of the case and then discuss what law may be applicable. There is no need to be elaborate in this letter. Keep your sentences short, positive, and to the point. This concludes my summary of lessons gleaned from the course BSL 301 Legal Research, Writing, and Analysis referencing Honigberg, G. "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed. BarBri Group, 2006.
Roach, K. (2008). Dialogic Judicial Review and Its Critics. In D. Dyzenhaus, S. Reibetanz Moreau, & A. Ripstein, Law and Morality: Readings in Legal Philosophy (3rd Edition ed., pp. 589-644). Toronto: University of Toronto Press.
Kanovitz, J. R. (2010). Constitutional Law (12th ed.). (E. R. Ebben, Ed.) New Providence, NJ,
Rehnquist, William H., Brennan, William J. "A Casebook on the Law and Society: What Rights
Gardner, Bryan A. (2009). In Black's Law Dictionary. St. Paul, Minnesota: West / Thomson Reuters.
The United States Judicial System is made up of several different courts, which includes the federal court system, the state court system, and the local court system. All three of those court systems handle different types of cases and have their internal structures and roles.
The Avalon Project at the Yale Law School. Ed. Fray, William C. April 2000. Yale University. 1 May 2000. (http://www.yale.edu/lawweb/avalon/wilson14.html)
Oct 1993. Retrieved November 18, 2010. Vol. 79. 134 pages (Document ID: 0747-0088) Published by American Bar Association
The federal court system has three main levels: District Courts, Circuit Courts of Appeals and the Supreme Court. Through out the nation there are 94 district courts, 13 circuit courts and one Supreme Court (“The United States Department of Justice - United States Attorney's Office”). During the early days of the Federal Convention in 1787, the delegates all agreed on a plan for the government that will include national judiciary (“History of the Federal Judiciary”). Article III, in the Constitution, is the shortest article that established the institution of the government. Even though the article is very brief, it shows the judiciary to resolve different kinds of cases (including the ones that the United States is a party in implementing laws) like arguments of citizens of two or more states. (Magleby 379)
Consequently, we attach hereto a copy of the Expert Witness Code of Conduct found at Part 5, Division 2, Rules 426, 427 and 428 of the Uniform Civil Procedure Rules 1999. The Code of Conduct provides that a person engaged as an expert witness has an overriding duty to assist the Court impartially on matters relevant to the area of expertise of the witness, and that an expert witness is not an advocate for a
Abadinsky, Howard. Law and Justice: An Introduction to the American Legal System. 6th ed. Upper Saddle River: Prentice Hall, 2008. Print.
It is very important to correctly gauge your audience and understand your purpose when drafting a legal document so there will be no miscommunication. [1] The legal profession is primarily a communications profession and its writings must be highly organized and structured. [2] The communications are particularly crucial but helps ensure that complex subject matter is clearly communicated. [3] This is done by fully addressing the topic in as few words as possible and allowing the reader to gain a clear understanding of the information in as little time as possible. [4] The writings should be tailored to identify the intended audience to meet then their needs. [5] When writing to a judge or an attorney legal terms and concepts may be used. When address a client or some other person legal terms and concepts shouldn’t be used because they probably wouldn’t understand the legal jargon. [6]
After analyzing the discourse community of law and the detailed process lawyers take in order to write an effective appeals brief, one can see that lawyers have a very specific and unique way of communicating that includes certain jargon unfamiliar and possibly incomprehensible to the general public. Although writing an appeal brief is only one aspect of many that government prosecuting attorneys such as Kenny Elser face in their jobs on a daily basis, it is also a very necessary job because not only is it used by a single discourse community in the law profession but utilized by the discourse community of law as a whole.
Family Law (Law Express) 2th edition, by Jonathon Herring, published by Pearson Education Limited 2009
Murphy, Gerald. "Bill of Rights." Legal Information Institute. 14 Mar. 1993. Cornell U. 12 Feb. 2005 .
The Paralegal Professional, A reference to the source of legal information chapter 12, pages 434, 446, and 454.