How to write a legal briefing paper

Although somewhat intimidating to the novice, once you learn the basics, writing legal research papers is no more difficult than writing a term paper.

How to write a legal briefing paper

Although somewhat intimidating to the novice, once you learn the basics, writing legal research papers is no more difficult than writing a term paper.

First of all, you need to know how to conduct legal research. There are a number of websites which can assist you. Fee-based web research companies include Lexis and Westlaw.

These companies allow you access to court opinions state and federalstatutes, rules of court, Shepardizing of cases discussed further later in this articleand other valuable sources for inclusion in legal research papers.

There is also a large number of websites which can provide this information for free, such as Findlaw. United States Supreme Court cases and opinions are available through Findlaw.

Second, determine what kind of research paper or essay you are writing.

how to write a legal briefing paper

The different kinds of legal papers can include: The first three types mentioned will be discussed here. Class Assignments and Bar Exam Essays If your assignment includes reading and briefing one or more court cases, the method of briefing is easy to remember with the acronym "IRAC".

ISSUE In order to determine what the issue is, you need to know the parts of the case that are in dispute. Often, facts are included in essay questions which are irrelevant but are a trap for the unwary. These types of mistakes are the result of "red herrings.

The term red herring is used because there is no such thing as a red herring, thus the name to denote a false issue. The issue of a case is based on the pivotal questions which will determine the outcome. When you write about the issue in law school assignments or bar exam essay questions, it should be in the form of a question e.

RULE The rule in a case is the law or laws which govern the outcome of a case. For example, if the case involves a failure to comply with the Miranda rule, you would want to cite the Miranda case citation and mention cases which the United States Supreme Court has decided since Miranda which modify strict adherence to the original Miranda rule.

Rules can include administrative rules, statutes, codes of conduct, case opinions, executive orders, Attorney General opinions, IRS memorandum opinions, and other guidelines. For example, using the Miranda case previously mentioned, you would argue whether the failure of a police officer to give a suspect a Miranda warning would bar any admission made by a suspect.

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Here's an example of an argument: Basically, you are "issuing a legal opinion. The following information is a crash course in legal citation.

If you intend to cite a case in any legal research paper, you should know how to "Shephardize" a case. Shephard's is a book which contains a history of all appellate cases decided after the opinion you are citing. In essence, was the case overruled on appeal?

Citations Here are some basic citation examples. Note that the first number in most citations refers to the volume number of the source and the subsequent number s is the page number s.

For a basic tutorial in how to cite sources in custom legal papers, check out the website at law dot cornell dot edu.Briefs and briefing documents are used in a variety of settings.

Lawyers call them legal briefs and those in government refer to them as briefing notes. The main goal is to address an issue, persuade others to join in and/or offer a solution to the problem.

How to Write a Briefing Paper by Anam Ahmed - Updated July 23, Typically used in the public sector, briefing papers are short documents that include summaries of a particular issue and the suggested course of action to go along with it.

Sep 02,  · How to Write a Legal Brief. In this Article: Understanding the Facts and Legal Issues Researching the Legal Issues Writing Your Brief Community Q&A. A brief is a written argument that a lawyer (or party to a case) submits to a court to persuade that court to rule in favor of his client’s position%().

Aug 15,  · Write short sentences. Readable sentences are simple, active, affirmative, and declarative.

Legal & Law . Research Paper

The more a sentence deviates from this structure, the harder the sentence is to understand. • the classic format of a briefing note, along with pointers on its content; Writing a briefing note can seem like a bewildering challenge at times.

But as Henry rather than simply putting your thoughts on paper. In such cases, go ahead and start writing. Before you finish up, however, do go back and write . Before you step into the courtroom for a hearing, the briefs you submit will often set the stage for how well your arguments play out, and one misstep could damage your case.

But there are a few things every attorney can do to be great on paper.

How to Write a Legal Brief (with Pictures) - wikiHow