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Legal Writing Essentials

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Policy Argument

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An argument that bases its persuasion on broader social considerations, often public policy.

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Counterargument

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An argument made to oppose another argument; a good legal writer anticipates and rebuts counterarguments.

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Legal Research

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The process of identifying and retrieving information necessary to support legal decision-making.

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Preemption Check

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A process to ensure that a legal issue or argument has not already been thoroughly addressed or settled by existing literature or case law.

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IRAC (Issue, Rule, Application, Conclusion)

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A common organizing principle for legal analysis, constructing arguments logically through identifying an issue, stating the relevant law, applying the law, and concluding.

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Citation

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A reference to an authority, such as a case, a statute, or a regulation, that supports a legal argument.

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Ratio Decidendi

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The reason or rationale for the holding in a judicial decision.

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Synthesis

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The combination of multiple legal authorities and precedents to form a coherent argument in legal analysis.

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Legal Memorandum

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A formal document that provides an in-depth analysis of the legal issues pertinent to a specific situation, often used internally in law firms.

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Precedent

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A legal principle derived from earlier judicial decisions that binds future cases with similar facts and legal issues.

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Legal Analysis

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The process by which legal professionals evaluate and interpret laws, fact patterns, and precedent to form legal arguments.

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Case Law

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References to previous judicial decisions that guide the current legal analysis and reasoning.

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Dictum or Obiter Dicta

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Comments by a judge that are not necessary to the decision and do not have the binding force of precedent.

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Footnote

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Additional information or citations that are placed at the bottom of the page of a legal document.

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Issue Statement

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A concise statement framing the main question or problem at the heart of a legal dispute.

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Persuasive Writing

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Legal writing meant to convince the reader of a particular position or argument.

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Brief

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A written document presented to a court arguing why one party to a case should prevail.

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Analogical Reasoning

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Drawing comparisons between similar cases and legal principles to reason and argue a position.

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Legislative History

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The background and records of the legislative process of a law, often consulted in statutory interpretation.

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Dissenting Opinion

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A separate opinion written by a judge who disagrees with the majority's decision in a case.

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Advocacy

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Writing to persuade, such as in briefs or persuasive legal memos, often advocating for a particular legal outcome.

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Plain Language

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Writing legal documents in clear, straightforward language that is easy to understand for non-lawyers.

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Holding

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The court’s legal decision on the issue presented in a case; the binding part of the judicial decision.

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Fact Pattern

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A narrative description of the circumstances and details surrounding a legal case.

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Statutory Interpretation

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The process by which courts interpret and apply legislation.

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