Case Analysis Study Guide
Types of Legal Writing - correct answer ✔✔(1) Analytical - balanced analysis & research of a
legal problem or case
(2) Persuasive - the presentation of an argument to influence a legal outcome
(3) Legal drafting - the completion of legal forms & documents
Flowers' Steps in the Writing Process - correct answer ✔✔(1) "The Madman" - generating ideas
(2) "The Architect" - designing the structure
- Non-linear ("whirlybird") >>> linear outlines
(3) "The Carpenter" - writing the paper
(4) "The Judge" - reviewing & editing the paper
- "Revising" - improving the structure & content
- "Proofreading" - improving the technical elements
Principles of Legal Writing - correct answer ✔✔(1) Write efficiently and concisely
- Omit empty, needless & weak words & phrases
- Use the active voice and plain English
- Avoid technical jargon and "legalese"
- Keep your average sentence length to 20 words
,(2) Present material in a logical / chronological order
- Keep the subject, verb & object together at the beginning of the sentence
- Use parallel phrasing for parallel ideas...but be sure they match
Organizing Analytical and Persuasive Writing - correct answer ✔✔(1) Write an introduction
using the "Deep Issue" Method:
- Briefly discuss relevant facts from the case logically and chronologically
- Conclude with a statement of the legal question the Court must decide
- For analytical: use an objective question
- For persuasive: clearly state your position on how you think the court should rule
(2) Summarize your key arguments ("Summary of the Argument" or "Short Answer")
- Summarize each key legal issues separately, using "signposts" (such as "First," "Second,")
- You will likely want to revise this at the end of the writing process to ensure that it "matches"
the rest of the paper.
(3) Write coherent & unified paragraphs
- A topic sentence introduces the main theme of the paragraph
- Every sentence contributes to the development of that topic
- No sentence fails to advance that topic
- Keep paragraphs to approx. 150 words in 3-8 sentences
(4) Use transitions between sentences & paragraphs to show how they are related
- Use "pointing words" (this, that, those, these)
- Use echo words or phrases from previous paragraphs
Use explicit transitional phrases that add meaning & flow (not empty phrases!)
, (5) Address / refute potential counter-arguments that a critical thinker would raise
Principles of Legal Drafting - correct answer ✔✔(1) Draft documents for an ordinary reader - not
for a judge
- Use plain English & minimize jargon
- Use definitions for clarity
(2) Make language clear, straight-forward & easy to navigate:
- Minimize cross-references.
- Place definitions in an appendix at the end of the document ("Schedule A")
(3) Organize sections in order of descending importance to the relationship or action
- Use numbering & lettering schemes to organize key sections
Classifications of Law - correct answer ✔✔(1) Procedural - the rules that govern the ways &
means by which substantive law can be enforced ("how")
(2) Substantive - the legal relationship between citizens and/or the government ("what")
(a) Private (or "civil") law - deals with private matters or relationships between two non-
governmental parties
(b) Public law - deals with relationships between individuals & the government (constitutional &
criminal court cases))
Fields of Public Law - correct answer ✔✔(1) Constitutional law-deals with the rights, powers,
and duties of government as outlined in a constitution
- Institutional powers & constraints - constitutional scope of power of governmental entities