Writing briefs

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splittermcsplit88
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Writing briefs

Postby splittermcsplit88 » Tue Jan 29, 2013 4:13 pm

For writing persuasive briefs in legal writing, did you guys usually have binding cases to work with? or persuasive cases? I'm trying to find out what the prof wants me to find.

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3|ink
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Re: Writing briefs

Postby 3|ink » Tue Jan 29, 2013 4:14 pm

I suggest emailing your professor.

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jessuf
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Re: Writing briefs

Postby jessuf » Tue Jan 29, 2013 4:16 pm

splittermcsplit88 wrote:For writing persuasive briefs in legal writing, did you guys usually have binding cases to work with? or persuasive cases? I'm trying to find out what the prof wants me to find.

Both.

Mine was federal court, so I used my circuit + Supreme Court for binding. That was obviously my number one goal. However, I did cite a persuasive trial court case or two in my circuit that applied the law of a binding circuit court decision (but had more analogous facts to my case, of course).

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kalvano
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Re: Writing briefs

Postby kalvano » Tue Jan 29, 2013 4:36 pm

For legal writing, they are going to give you a topic that can go either way. There will be some binding authority on some points, but the nitpicky points will only be persuasive.

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splittermcsplit88
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Re: Writing briefs

Postby splittermcsplit88 » Wed Jan 30, 2013 5:29 pm

If using persuasive authority, I know you're supposed to say "other courts have said..." to let the reader know it's not binding. Where would I mention this? Rule, rule explanation, or analysis?

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kalvano
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Re: Writing briefs

Postby kalvano » Wed Jan 30, 2013 7:53 pm

"While no court in this jurisdiction has directly addressed the issue, other courts that have analyzed it have found...."




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