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Audience

Works Cited

The Judge or the Jury

Tone and Voice

Why do you think that the largest difference between legal writing in the military versus in the civilian world is the audience?

Good:

  • Persuasive
  • Formal
  • Appropriate usage and amount of humor
  • Objective
  • Active Voice - ex. “The plaintiff filed a complaint”
  • Easy to understand

Military Vs. Civilian Audiences

Military Civilian

  • Random people in society
  • Diverse
  • Members of the military.
  • Relatively Similar

The Do's and Don'ts of Grammar

Word Choice and Diction

Bad:

  • Qualifying Phrases - ex. “The court held, although with limits, that a bicyclist must adhere to traffic rules"
  • Passive Voice - ex. “The complaint was filed by the plaintiff”

Volokh, Eugene, and J. Alexander Tanford. “How to Write Good Legal Stuff.” How to Write Good Legal Stuff. Accessed November 2, 2014. http://law.indiana.edu/instruction/tanford/web/reference/how2writegood.pdf.

Rubin, Michael H. “What Litigators Can Learn from Novelists.” Law 360. Last modified October 17, 2014. Accessed November 2, 2014. http://www.law360.com/articles/587233/what-litigators-can-learn-from-novelists.

Yeargin, Elizabeth G. “Legal Writing: Ten Tips from the Trenches.” American Bar Association. Last modified July 2010. Accessed November 7, 2014. http://www.americanbar.org/publications/young_lawyer_home/young_lawyer_archive/yld_tyl_july10_writing.html.

Garner, Bryan A. “10 Tips for Better Legal Writing.” ABA Journal. Last modified October 1, 2014. Accessed November 7, 2014. http://www.abajournal.com/magazine/article/10_tips_for_better_legal_writing.

UCLA School of Law. “UCLA School of Law Legal Research and Writing Guide.” UCLA School of Law Hugh & Hazel Darling Law Library. Last modified November 1, 2014. Accessed November 7, 2014. http://libguides.law.ucla.edu/content.php?pid=43631&sid=2234625.

CAPT Hall Personal Interview October 16th 2014

Mr. Murray Personal Interview October 16th 2014

Parentheticals

A parenthetical is where lawyers provide essential information about a case in parenthesis after the case is cited.

Appropriate uses:

  • to illustrate an aspect of the overall rule
  • to illustrate a minor point not central to the analysis
  • to replace a rule proof
  • to establish additional authority to a point already listed in the rule proof
  • to add emphasis to an argument

Good:

  • Use intriguing facts to draw in audience
  • Use the best possible adjective
  • Use specific titles/names

Research

The Do's

  • Use Pronoun/Antecedent agreement
  • Use Parentheticals when appropriate

The Do not's

  • No Contractions
  • No Verbosity
  • No First Person
  • No Arabic Numbers (ex. 1, 9, 17)

Before doing any research the client must be met with to discuss the case.

Research is:

  • Time Consuming
  • Difficult

There is no specific formula or method to follow

Where to research:

  • Online Databases
  • Law libraries

What are lawyers looking for in their research?

  • Previous cases that relate to the case at hand.
  • Laws that were broken.
  • Laws that were abided by.

Bad:

  • Avoid Common Clunkers
  • Avoid Trite Adjectives
  • Avoid Generic Terms
  • Avoid Excess Verbiage
  • Avoid Meaningless Phrases

Process

1. Meet with client to discuss case.

2. Research to find related cases and rulings to support position.

3. Proofread multiple times before submitting paper.

4. Cite work.

Application to the EWC

Conclusion

Classes that could bring papers that are similar to legal papers to the EWC:

  • English (All grade levels)
  • HOA
  • Topics
  • Business Law
  • Criminal Justice

Content

Let's try it!!

  • Legal writing is all about arguing why the client is innocent or guilty.
  • State the clients claim.
  • Prove point by disproving the counterclaim.
  • Include an upfront summary.

Use what you have learned from this presentation to tutor this legal memo!

  • Both forms of legal writing are governed by the Constitution.
  • Both of these forms of legal writing are important and effective in the United States legal system.

Introduction

Legal writing is:

  • Argumentative
  • Persuasive
  • Objective
  • Formal

Civilian

Same

Military

Very Similar

Example of a good legal memo:

  • Less Formal
  • More Persuasive
  • More Humor
  • Word Choice and Diction
  • Purpose
  • Grammar
  • Process
  • Research
  • Content
  • More Formal
  • Less Persuasive
  • Less Humor

Legal Writing: Civilian vs Military

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