Writing briefs Forum

[splittermcsplit88]

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.

[3|ink]

I suggest emailing your professor.

[jess]

.

[kalvano]

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.

[splittermcsplit88]

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?

[kalvano]

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