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Legal Writing Essentials
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Plain Language
Writing legal documents in clear, straightforward language that is easy to understand for non-lawyers.
Issue Statement
A concise statement framing the main question or problem at the heart of a legal dispute.
Case Law
References to previous judicial decisions that guide the current legal analysis and reasoning.
Statutory Interpretation
The process by which courts interpret and apply legislation.
IRAC (Issue, Rule, Application, Conclusion)
A common organizing principle for legal analysis, constructing arguments logically through identifying an issue, stating the relevant law, applying the law, and concluding.
Holding
The court’s legal decision on the issue presented in a case; the binding part of the judicial decision.
Ratio Decidendi
The reason or rationale for the holding in a judicial decision.
Precedent
A legal principle derived from earlier judicial decisions that binds future cases with similar facts and legal issues.
Citation
A reference to an authority, such as a case, a statute, or a regulation, that supports a legal argument.
Fact Pattern
A narrative description of the circumstances and details surrounding a legal case.
Policy Argument
An argument that bases its persuasion on broader social considerations, often public policy.
Dictum or Obiter Dicta
Comments by a judge that are not necessary to the decision and do not have the binding force of precedent.
Advocacy
Writing to persuade, such as in briefs or persuasive legal memos, often advocating for a particular legal outcome.
Legislative History
The background and records of the legislative process of a law, often consulted in statutory interpretation.
Synthesis
The combination of multiple legal authorities and precedents to form a coherent argument in legal analysis.
Persuasive Writing
Legal writing meant to convince the reader of a particular position or argument.
Legal Analysis
The process by which legal professionals evaluate and interpret laws, fact patterns, and precedent to form legal arguments.
Counterargument
An argument made to oppose another argument; a good legal writer anticipates and rebuts counterarguments.
Legal Research
The process of identifying and retrieving information necessary to support legal decision-making.
Brief
A written document presented to a court arguing why one party to a case should prevail.
Footnote
Additional information or citations that are placed at the bottom of the page of a legal document.
Legal Memorandum
A formal document that provides an in-depth analysis of the legal issues pertinent to a specific situation, often used internally in law firms.
Analogical Reasoning
Drawing comparisons between similar cases and legal principles to reason and argue a position.
Dissenting Opinion
A separate opinion written by a judge who disagrees with the majority's decision in a case.
Preemption Check
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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