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ISBN��9787300125077
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Chapter I An Introduction to Legal Writing and the Legal SystemA. Writing, Legal Writing, and Legal DraftingB. Skills Required for DraftingC. Why Legal Writing Is the Way It IsD. Foundations of Legal WritingE. Sources of Law and Our System of CourtsExercisesChapter 2 Litigation Process and Variety of Legal DocumentsA. Litigation ProcessB. Variety of Initial Legal DocumentsC. Responsive Pleadings: Responding to the ComplaintD. Discovery: Discovering What HappenedE. The Trial and Documents Issued by CourtExercisesChapter 3 Legal BriefsA. Types of BriefsB. The Form and Content of a BriefC. Samples of a Brief and an Appellate BriefD. The Style of a BriefE. Rules for Effective Brief WritingExercisesChapter4 Legal MemorandumA. Memorandum and Legal MemorandumB. Format of a MemoC. Editing Checklist: MemorandaD. Sample MemorandaExercisesChapter 5 Legal CorrespondenceA. Functions of Legal CorrespondenceB. Effective Letter WritingC. Guidelines for Effective Letter WritingD. The Format of LettersE. Examples of Legal CorrespondenceExercisesChapter 6 Transaction DocumentsA. Objectives of the PartiesB. Functions of Transaction DocumentsC. Legal and Ethical ConsiderationsD. The Details of the TransactionE. Practical ConsiderationsF. Parts of a ContractG. Examples of Transaction DocumentsExercisesChapter 7 Legal Research StrategiesA. IntroductionB. Types of Research MaterialsC. Beginning Your ResearchD. Tailoring Your ResearchE. Doing Your ResearchF. Three Fundamental Legal Research StrategiesExercisesChapter 8 Reading Legal CitationsA. What Is a Citation��B. Typical Legal Citations AnalyzedC. Some Common Legal AbbreviationsD. The Importance of Legal CitationE. Computer Assisted Legal Research��WestlawExercisesSelected BibliographyAnswers to Exercises

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Ordinarily, languages change over time through ordinary use��words develop new meaningsand old meanings are lost; terms that become archaic drop out of the language; grammaticalconstructions shift to reflect changes in the status of competing dialects ��ain't versus isn't andaren't, for example��. Legal terms also change through use. But legal language has developeda number of its forms and meanings through different process��a legal historical process. Anexample of this is the legal meaning of fresh, as in fresh fish. The lay person will probablyunderstand fresh fish to mean fish that was recently caught. But the legal definition of freshfish, which has been set by regulations, is fish that has never been frozen, no matter when it wascaught. It is the courts, legislatures, and government agencies that decide the meaning of manylegal terms, rather than ordinary usage and historical change.The meaning of the legal term negligence developed through litigation. The term has beenrefined through a history of appellate court decisions, so that it now has a very specializedmeaning in the law. In ordinary usage, negligence is synonymous with carelessness, but the legalmeaning, honed by more than a century of litigation, is much narrower. In California, negligenceis the doing of something which a reasonably prudent person would not do, or the failure to dosomething which a reasonably prudent person would do, under a given set of circumstances.Most legal meanings, like meanings of words in ordinary usage, do have a certain flexibility;there is a range of meanings for a given word. But in the law the range in meaning is a result ofdifferent judicial, statutory, or regulatory interpretations or formal negotiations, not of ordinarylinguistic processes.

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