Publisher description: This widely used book in many printings begins with answers to forty commonly asked questions of first-year law students. It specifies a six-step approach to briefing a case with specific guidelines for accomplishing each step. The process of briefing cases is then demonstrated with excellent and poor briefs of increasing complexity. Emphasis is placed initially on the techniques of briefing as an introduction to the learning of legal reasoning, the first priority of the first year of law school. In addition, the book also demonstrates the relevance of more advanced modes of legal reasoning, including positivist, pragmatic, policy oriented, natural-law and other perspectives applied in decoding and understanding cases. In its introduction of jurisprudential perspectives, Learning Legal Reasoning transcends the typical technical/positivist orientation of most first-year materials.
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ...if the former be selected it will involve the defense of the "fellow servant rule," while if the latter, no such opposition is possible. Or if compelled to admit the negligence of the engineer he might still avert the "fellow servant rule" by advancing the theory that the engineer as a part of the equipment of the road was selected by the company without a due regard for his competency. Or again the theory may favor a breach of contract rather than a case of fraud, but the further element of doubt is whether the action will lie more successfully upon the ground of breach of the main contract or breach of warranty. Again, an action for damages for trespass to land may succeed if brought in one county, but fail if brought in another, while an action upon the same set of facts may be brought in one court, but not in another, where their jurisdiction is not concurrent. So also this question of detail would arise in an action brought to recover back money paid on a contract with a corporation, as to whether the theory of the case should hold the contract to be malum in se, malum prohibitum, or simply ultra vires. For in the former the court would refuse to grant a remedy, in the second the question of statute would be imperative, and in the latter the matter of notice might be determinate. In such a manner innumerable details affecting the various species of action are the final cruces upon which cases turn, and no theory is complete which stops with the selection of not only a possible, but the best species of action, but must add to this such particularity of detail as will insure a successful outcome. The Use of H yfiothcses. The theory of the case most likely to prove successful, having now been evolved by a process...
In a book that is a blend of text and readings, Martin P. Golding explores legal reasoning from a variety of angles—including that of judicial psychology. The primary focus, however, is on the ‘logic’ of judicial decision making. How do judges justify their decisions? What sort of arguments do they use? In what ways do they rely on legal precedent? Golding includes a wide variety of cases, as well as a brief bibliographic essay (updated for this Broadview Encore Edition).
A leading text in legal writing, Legal Reasoning and Legal Writing explores the nuts and bolts of writing an office memo, a motion memo, and an appellate brief. In addition, chapters are included on oral argument and client letters. Well-known and highly regarded authors deliver the best explanation available on the reasoning underlying the proof of a conclusion of law. Thoughtful coverage of all aspects of legal reasoning goes from rule-based analysis to the strategy of persuasion. Helpful instruction on the process of writing accompanies a study of the mechanics of style and grammar. Examples and exercises throughout the text provide needed practice. The presentation of the Seventh Edition is tighter with a more open page design that is even easier to read. Coverage has been fine-tuned in response to user feedback. There are now new chapters on email memos and a new appendix on document design. Additional insight is given on the writing process as well as the process of persuasion, all with updated examples and exercises. Chapters on briefing cases, interviewing clients, and writing exam answers, as well as appendices on basic legal usage and rules of punctuation have been moved to the website for easy access. Features comprehensive coverage office memos motion memo appellate briefs oral argument client letters best explanation available on the Paradigm for Organizing a Proof of a Conclusion of Law thoughtful coverage of all aspects of legal reasoning, from rule-based analysis to the strategy of persuasion careful instruction on process of writing, as well as mechanics of style and grammar examples and exercises included throughout. well-known and highly regarded authors Thoroughly updated, the revised Seventh Edition presents: tighter presentation and with an open page design making the material more accessible new chapters on email memos updated examples and exercises fine-tuned coverage in response to feedback from users new material on the writing process additional insight on the process of persuasion new appendix on document design material on briefing cases; obtaining fact; writing exam answers; and appendices on basic legal usage and Rules of Punctuation moved to the website for greater convenience
