A LAWYER WRITES

Summary of Chapter 12

The Discussion Section:

Introducing and Connecting
Legal Arguments

Addressing a legal question

First construct a legal argument. How, follow this format:

The Steps Activity

First State your conclusion
Second Explain the law on which the
conclusion rests
Third Show how the law applies to your
client’s case
Fourth Restate your conclusion

Finding legal arguments

It takes more than one legal argument to address the client’s legal
question. To find legal arguments, follow this approach:

The Steps Activity

First Find the governing rule
Second Break the governing law into its
elements or factors
Third Each factor or element becomes a
source of legal argument

Stringing legal arguments

The way to answer a legal question is to construct the legal

arguments and then string them together into a discussion.

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 Objective Activity
To provide Construct a road map or
coherence to legal introduction
arguments Insert point headings
Insert mini-road maps
The above tools will (1) provide
structure to the whole discussion;
and (2) explain the relationship
among the individual arguments

Discussion section in a table

Sections Contents
Roadmap Introduces the client’slegal
question
Point Heading Conclusion
Element A State the law
Apply the law
Conclusion
Point Heading Mini-roadmap to Element C
Element B Introducing sub-arguments C1 and
C2
Sub-heading C1 Conclusion
State the law
Apply the law
Conclusion
Sub-heading C2 Conclusion
State the law
Apply the law
Conclusion

Sections explained

Sections Contents
Roadmap (1) State the conclusion you
have reached in the client’s
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 legal question
(2) Explain the governing rule
(3) Dispose the obvious
(4) Map the Remaining
Arguments by indicate the
order of their appearance
(5) Conclude again if necessary
State the Begin with the ending
conclusion you Support it with a brief reason
have reached in the Stating the conclusion reminds the
client’s legal reader of the issue
question Tells where you are going in your
legal analysis

Explain the State the governing rule – it is in

governing rule the law or judicial opinion
Do not copy word for word.
But repeat key phrases and modify
the language to suit your style or
discussion
Dispose the obvious

Map the remaining

arguments
Conclude again

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