清晰而有效的法律写作Clear & Effective Legal Writing, 3E

作者: Robert P. Charrow 著 , Veda R. Charrow , Myra K. Erhardt

出版社: Aspen Publishers

出版时间: 2001-12

版次: 1

ISBN: 9780735519718

定价: 590.00

装帧: 平装

开本: 其他

纸张: 胶版纸

页数: 426页

分类: 外文古旧书>英文书>社会文化

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The new edition of this concise and highly accessible text continues to provide a classic introduction to legal writing. Clear, effective writing guidelines, pertinent examples, sample documents, and exercises are combined with a focus on the legal memorandum and brief to reinforce essential writing skills. Preface

Acknowledgments

Introduction

  A. The Importance of Legal Writing

  B. Some Comments on the Way This Book Is Organized and Written

Part Ⅰ Learning to Read Legal Materials

  1.A Short History of Legal Language

    A. Characteristics of Traditional Legal Writing

      1. Poor Writing

      2. Archaic Constructions

    B.  Why Legal Writing Is the Way It Is

    C.  Foundations of Legal Writing

      1. Historical Factors

      2. Sociological Factors

      3. Political Factors

      4. Jurisprudential Factors

    D.  Attitudes Toward Traditional Legal Writing

      1. Conservative Audiences

      2. Forms and Model Documents

      3. Memos and Briefs

  2.Categories of Legal Writing

  3.Sources of Law and Our System of Courts

  4.The Litigation Process

    A.  Preparing and Serving the Complaint

                      Sample Complaint

    B.  Pretrial Proceedings and Procedures

      1. Responsive Pleadings: Responding to the Complaint

        a. The Answer

          Sample Answer

        b. Motion to Dismiss

        c. Motion for Summary Judgment

      2. Discovery: Discovering What Happened

        a. Interrogatories

        b. Depositions

        C.  The Trial Brief

        D.  The Trial

          1. Selecting the Jury

          2. Opening Statements

          3. The Cases-in-Chief

          4. Motions after the Cases-in-Chief

          5. Rebuttal

          6. Closing the Trial

          7. Motions Following the Verdict

            a. Motion for a Judgment Notwithstanding the Verdict

            b. Motion for a New Trial

  5.Reading, Analyzing, and Briefing a Case

    A.  How to Approach a Case: A Primer

    B.  Case Briefs

      1. What Is a Case Brief?

      2. Why Brief a Case?

      3. Sample Case and Case Brief

        Lyons v. Lyons

        Sample Case Brief

      4. Discussion of Sample Brief

        a. The Names of the Parties and the Court

        b. The Procedural Posture of the Case

        c. Statement of Facts

        d. Statement of the Issue

        e. Holding of the Case

        f. Rationale

        g. Comments and Criticisms

  6.Synthesizing the Law from a Series of Cases

    Dillon v. Legg

    Krouse v. Graham

    Thing v. La Chusa

    Fife v. Astenius

    Wilks v. Horn

    Sample Memorandum

Part Ⅱ  Learning to Write Legal Documents

  7.A Systematic Approach to Legal Writing

    A.  Pre-writing Stage

  8.Understanding Your Context

  9.Getting Organized

  10.Writing Clearly

  11.Writing Effectively

  12.Reviewing and Editing

Part Ⅲ  Creating Specific Legal Documents

  13.Writing an Intraoffice Memorandum

  14.Writing a Memorandum of Points and Authorities

  15.Writing an Appellate Brief

Appendix:An Overview of English Sentence Structure

Index
内容简介:
The new edition of this concise and highly accessible text continues to provide a classic introduction to legal writing. Clear, effective writing guidelines, pertinent examples, sample documents, and exercises are combined with a focus on the legal memorandum and brief to reinforce essential writing skills.
目录:
Preface

Acknowledgments

Introduction

  A. The Importance of Legal Writing

  B. Some Comments on the Way This Book Is Organized and Written

Part Ⅰ Learning to Read Legal Materials

  1.A Short History of Legal Language

    A. Characteristics of Traditional Legal Writing

      1. Poor Writing

      2. Archaic Constructions

    B.  Why Legal Writing Is the Way It Is

    C.  Foundations of Legal Writing

      1. Historical Factors

      2. Sociological Factors

      3. Political Factors

      4. Jurisprudential Factors

    D.  Attitudes Toward Traditional Legal Writing

      1. Conservative Audiences

      2. Forms and Model Documents

      3. Memos and Briefs

  2.Categories of Legal Writing

  3.Sources of Law and Our System of Courts

  4.The Litigation Process

    A.  Preparing and Serving the Complaint

                      Sample Complaint

    B.  Pretrial Proceedings and Procedures

      1. Responsive Pleadings: Responding to the Complaint

        a. The Answer

          Sample Answer

        b. Motion to Dismiss

        c. Motion for Summary Judgment

      2. Discovery: Discovering What Happened

        a. Interrogatories

        b. Depositions

        C.  The Trial Brief

        D.  The Trial

          1. Selecting the Jury

          2. Opening Statements

          3. The Cases-in-Chief

          4. Motions after the Cases-in-Chief

          5. Rebuttal

          6. Closing the Trial

          7. Motions Following the Verdict

            a. Motion for a Judgment Notwithstanding the Verdict

            b. Motion for a New Trial

  5.Reading, Analyzing, and Briefing a Case

    A.  How to Approach a Case: A Primer

    B.  Case Briefs

      1. What Is a Case Brief?

      2. Why Brief a Case?

      3. Sample Case and Case Brief

        Lyons v. Lyons

        Sample Case Brief

      4. Discussion of Sample Brief

        a. The Names of the Parties and the Court

        b. The Procedural Posture of the Case

        c. Statement of Facts

        d. Statement of the Issue

        e. Holding of the Case

        f. Rationale

        g. Comments and Criticisms

  6.Synthesizing the Law from a Series of Cases

    Dillon v. Legg

    Krouse v. Graham

    Thing v. La Chusa

    Fife v. Astenius

    Wilks v. Horn

    Sample Memorandum

Part Ⅱ  Learning to Write Legal Documents

  7.A Systematic Approach to Legal Writing

    A.  Pre-writing Stage

  8.Understanding Your Context

  9.Getting Organized

  10.Writing Clearly

  11.Writing Effectively

  12.Reviewing and Editing

Part Ⅲ  Creating Specific Legal Documents

  13.Writing an Intraoffice Memorandum

  14.Writing a Memorandum of Points and Authorities

  15.Writing an Appellate Brief

Appendix:An Overview of English Sentence Structure

Index

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清晰而有效的法律写作Clear & Effective Legal Writing, 3E

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