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profession. They use this technique to express legal analysis, legal rights, and duties. It is used by an
advocate when expressing the resolution of a client’s legal matter.
PLEADINGS
• Formal statements in a lawsuit that set forth the parties claims and defenses
MEMORANDUM OF LAW
• Written by the Attorney
• Contains argument substantiated by relevant case law authority
APPELLATE BRIEF
• Formal statement submitted to Appellate Court
• Used to persuade court of correctness of client’s opinion
• Argues facts of the case and applicable law and is supported by relevant case law authority
DEED
• Document used to convey or transfer Real
Property or an interest in Real Property from one person to another person
CONTRACT
• An agreement entered into by the parties who agree to do or refrain from doing a particular thing
• Supported by Consideration
WILL
• Instrument by which a person makes a disposition of his or her property to take effect after his or her
death.
CASE BRIEF
• An outline or summary of a published Court Opinion.
Categories of legal writing[edit]
Legal writing is of two, broad categories: (i) legal analysis and (ii) legal drafting. Legal analysis is
two-fold: (1) predictive analysis, and (2) persuasive analysis. In the United States, in most law
schools students must learn legal writing; the courses focus on: (1) predictive analysis, i.e., an
outcome-predicting memorandum (positive or negative) of a given action for the attorney's client;
and (2) persuasive analysis, e.g., motions and briefs. Although not as widely taught in law schools,
legal drafting courses exist; other types of legal writing concentrate upon writing appeals or on
interdisciplinary aspects of persuasion.
Legal drafting[edit]
Legal drafting creates binding legal text. It includes enacted law like statutes, rule and regulations;
contracts (private and public); personal legal documents like wills and trusts; and public legal
documents like notices and instructions. Legal drafting requires no legal authority citation and
generally is written without a stylised voice.