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o 4 modes of persuasiveness:
Types of Legal Writing:
Informative Rule based reasoning - cite laws
Persuasive Analogical based reasoning - t~~re's
Functional comparison, jurisprudence and stare decis1s
Policy based reasoning - public policies/order/
Informative - conveys information of a legal issue. It morals, customs. Not necessarily against the
does not take any side of the parties involved in the law but on societal convention
issue. And provide an objective and unbiased Narrative based reasoning based on
communication. experience. Not usually used in legal writing.
"What is (the law)"
Examples: memoranda, letters to clients, and Objectives of Legal Writing
statement of facts in brief. Inform - educate the reader
Persuade - to convince the reader
Persuasive - convinces the reader to accept the Analyze - deeper legalistic understanding
perspective offered by the writer. Write - to put into practice what was researched
"What should be" - and to produce a legal document
Examples: motions, pleadings, and the argument
section of the brief. ABCs in Legal Writing
Accuracy - in data be truthful and honest
Functional - is designed for a specific use, or result in Brevity- keep it short and simple
law and has a specific format. Clarity- avoid using ambiguous, terms and concept
Examples: contracts, deeds, wills and ordinances
that legally oblige the obedience of parties. Introduction
Body
Conclusion
Broad Categories - go hand and hand with each other
Legal Analysis Ill. FALLACIES
Predictive A. Definition
Analysis B.Types
Prediction
Recommendation IV. LEGALESE AND TECHNICAL LANGUAGE
Persuasive A. Writing Habits to Avoid
Legal Drafting B. Grammar and usage