Basic Legal Writing for Paralegals

356 Pages·2016·4.491 MB·English

by  Hope Viner Samborn

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EDITORIAL ADVISORS
Deborah E. Bouchoux, Esq.
Georgetown University
Therese A. Cannon
Higher Education Consultant
Katherine A. Currier
Chair, Department of Paralegal and Legal Studies
Elms College
Susan M. Sullivan
Director, Graduate Career Programs
University of San Diego
Laurel A. Vietzen
Professor Emeritus
Elgin Community College
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Copyright © 2016 CCH Incorporated.
Published by Wolters Kluwer in New York.
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eISBN 978-1-4548-6143-0
Library of Congress Cataloging-in-Publication Data
Samborn, Hope Viner, author.
Basic legal writing for paralegals / Hope Viner Samborn, Andrea B. Yelin.—Fifth edition.
pages cm. — (Aspen college series)
Includes index.
ISBN 978-1-4548-5223-0 ISBN 1-4548-5223-2 1. Legal composition. 2. Legal assistants—United States. I.
Yelin, Andrea B., author. II. Title.

KF250.S236 2016
808.06′634—dc23
2015036205
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FOR EVE, SARAH, BENJAMIN, AND RANDY WITH ALL OF MY LOVE
—HVS
FOR DAVID, RACHEL, AND HENRY – WHO BRING SO MUCH JOY!
AND IN MEMORY OF MY DAD, SEYMOUR BANCHIK, WHO WAS ONE IN A BILLION
—Andrea B. Yelin
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Contents
List of Illustrations
Preface
Acknowledgments

CHAPTERS
1 Introduction to Legal Research
2 Legal Authorities and How to Use Them
3 Getting Ready to Write
4 Clear Writing and Editing
5 Writing Basics
6 Case Briefing and Analysis
7 The Legal Memorandum
8 Questions Presented and Conclusions or Brief Answers
9 Facts
10 The IRAC Method
11 Synthesizing Cases and Authorities
12 Outlining and Organizing a Memorandum
13 Persuasive Writing
14 In-House and Objective Client Documents
15 Letter Writing

Appendix A Citation
Appendix B Writing Strategies
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Index
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List of Illustrations
Preface
Acknowledgments
CHAPTER 1 INTRODUCTION TO LEGAL RESEARCH
CHAPTER OVERVIEW
A. INTRODUCTION TO LEGAL RESEARCH AND WRITING
1. The Role of the Paralegal in Legal Research and Writing
Why Do Paralegals Perform Research?
What Tasks Do Paralegals Handle in the Research and Writing Process?
B. INTRODUCTION TO THE U.S. LEGAL SYSTEM
1. The Organization of the Legal System
How Did the Federal and State Systems Originate?
2. Components of the Federal System and Governing Law
a. The Legislative Branch
How Is a Law Created?
b. The Executive Branch
c. The Judicial Branch
Who Can Bring an Action in Federal Court?
i. The Trial Courts
ii. The Appellate Courts
iii. The Supreme Court
3. Relationship Between Federal and State Governments
Can a Federal Court Decide an Issue of State Law?
What Effect Does a Federal Decision Have on State Law?
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