technical writing law final quiz

• think analytically

  • don’t choose until you hear both sides

vocab

• legal precedent: when a case happens and they have to live by that decision

• standing: the plaintiff must have been personally harmed to file a case

  • need to have a reason and a justification for it

  • for kids they have representatives on their behalf

• prosecutor disression: when the lawyer has some say in what happens to their client

Important laws

• Nondelegation doctrine: the theory that one branch of government must not authorize another entity to exercise the power or function that it is constitutionally authorized to exercise. It is explicit or implicit in all written constitutions that impose a strict structural separation of powers. The non-delegation doctrine stands for the principle that Congress cannot delegate its legislative powers or lawmaking ability to other entities. This prohibition typically involves Congress delegating its powers to administrative agencies or to private organizations

  • ex: trumps executive order to make people not work but get paid through September

    • they have no funding for this and it will have to go through congress

• TRO( temporary restraining order): asking the courts to stop something until they hear the merit of it

• APA : rules the federal government

5 types of legal writing

• case brief(will do) -1

  • summary of a court decision, stating the court opinion

• legal memo (will do) -2

  • a document that identifies a problem (an issue in legal terms) you answer the issue, analyze the facts and the law(legal analysis) to make a recommendation

• pleadings and motions -4

  • documents filed by the lawyer asking the court to do something

  • pleading: file to get case into court

    • two basic types:

      • plaintiff: files a complaint

      • defending: files an answer

  • Motions: after getting into court, ask the court to move or do something

• client opinion letter(will do) -3

  • a letter to the client that identifies your client’s problem, answers the problem, and make the recommendation for the client

• apelet brief (final project)-5

  • document files on appeal by the appellate attorney and it is responded to by the apalize attorney

  • after you have a trial and when they get a verdict the losing party gets to file an appellate brief

    • saying that the lower court(trial court) made some errors and they want to appeal it (to applet court)

  • winning party makes a response that says they disagree with the losing parties claim

two systems

• state court

  • trial court, court of appeals, supreme court

• federal court

  • ex: trumps election fraud

  • trial court, court of appeals, supreme

  • broken into 11 circuits (total of 13 circuits)

cover letter

cover letter assignment

• have address at the top

• address of the firm where it is going to

• send to senior partner barksdale (dear…)

• indicate name and say attaching resume for job announcement (first paragraph)

• second paragraph: find something I have done to match skills to what they are looking for ( 1 paragraph or two small)

• last paragraph: say looking forward to hearing back, and contact info

• sign letter adding the date (date is the date it is due)

  • put date at top of the page

memorandum for assignment #2

issue paragraph:

• label it issue

• make it a question or statement

• identifies the main problem in the case

conclusion paragraph

• respond to the issue

• first conclusion

fact paragraph

• tell all the facts

rule paragraph

• what are the rules (legal theories) that will be discussed

analysis paragraph(s)

• discussion section/ analysis (same section)

• relate the facts to the law

conclusion paragraph

• restate the conclusion

Heading

• to(teacher), from(me), RE:(rylye vs mercer) Date(date that it is due)

issue (where or not ryle can sue mercer?)

conlcustion (doesn't matter how you concule you have to defend it, so answer yes or no)

facts( facts that are relevant to come to my conclusion, cannot talk about anything in discussion that was not in the facts section)

• mercer bullet grased ryle

• randle threatened mercer

  • include what the threat said

• mercer thought ryle was randle

  • they had simluar build

• mercer ran home after the shooting

• both was at the same club where the event happened

• mercer started carrying a gun

• it happened at night

• mercer size

• distance- ryle was walking towards mercer

• randle likes starting fights

• mercer was a runner

discussion (must be logical and based on the facts here, law and facts go here, needs at least 3 paragraphs )

• 1: battery

• 2: self-defence

• 3: privileges

conclusion

apply the three legal theories to use them with my facts

1/23/25

resume

name

education

work experience

extracurricular'/ honors and awards

1-2 pages

cover letter

name adresss, date

address of who they are sending it to

paragraph 1 : introduction and applying for _____insert job

paragraph 2: look at what we’ve done and apply that to the the job

paragraph 3: look forward to hearing from you

sinserly

resume tips

• add gpa

• include the expected date of graduation

• objective: add if it applies to what you are applying for

• add extracortical activities: clubs, volunteer work (can add high school)

• add work experience

cover letter

• give an add to respond to

• respond to what they are asking you

elections

• it is the president that happens in the courts that affect lawyers the most

put each legal theory and put the facts under each

• must list definition of the theory and put a fact that can prove it

three primary sources of laws (will be on the final quiz)

• constitution

• case law (legal precedent)

• statutes

case citation use for assignments 3 and 4

• in any case you need to cite where you got the law from

  • all legal theories need to be cited

• the blue book (lawyers bible, shows how to cite everything)

• case

  • plaintiff’s last name vs. defendant's last name, volume # of the reporter, name of reporter, page (year of the case)

    • ex: Lee vs Lake, 516 U.S 719 (1999)

case brief

issue (whats the issue)

facts

judges rational

holding

types of legal authorities (will be used for final assignment)

• mandatory legal authority

  • binding authority of the court and the jurisdiction where you are presenting your case

    • you want to use these cases to help with your case

    • if facts are similar to a case that was decided in that jurisdiction the case must follow what they already ruled (legal precedent)

• persuasive legal authority

  • non-binding authority on the jurisdiction where you are presenting your case

how to start research

• legal digest

• look it up in words and phrases

  • if only given a word

• law review articles

• look at corpus juris

  • lookup cases

• US reporter

  • citation

• west law

• lexus nexus

• find law

Assigemnt #2 revision

• spelling of the name (Spell randle correctly

• randle v Mercer (reference line)

• Facts

  • jog

  • physical characteristics of randle

  • mut have the exact quote

  • in the dark alley (add this)

  • 40 yards away

• discussion

  • battery

    • harmful and offensive touch of another that was not consented

      • grazed him with the bullet

      • add Mercer has been carrying a gun or intended to shoot randle three days after he got threatened

  • self defense

    • use definition from the assignment

    • mercer is going to argue it was reasonable

      • he was at a club by randle who is known for being slow moving

      • figure was the same size slow moving

      • add that Ryley had the same build

      • add three nights ago he was at a club and was threatened (add the quote)

        • don’t just say he threatened him need to add the quote

    • ryleys argument

      • dark alley

      • mercer was 40 years away

      • avid jogger

      • he did not have to shoot

  • privilege

    • same facts of self defense

    • Mercer

      • it was a reasonable mistake

        • same reason for self defense

    • ryle

      • same argument for self defense

legal discovery (written)- each side can ask this

• interrogatory: ask questions (interrogate)-1 (written)

  • you can file this

  • limited to what you can ask and how many you can ask

  • find out what your client didn't tell you (find out the other side’s case)

• production of documents: request to produce documents-2(written)

  • learn through what the documents say

  • ex: she would ask for the hiring policy, who they interviewed, and their notes (for job hiring discrimination)

• request for admissions: when both parties agree about the facts to help their sides-4 (written)

  • they would sign a document that said they agree to certain things about the case

  • judge cannot bring it up in court because they already said it was true

• depositions: ask witnesses about what happened, they swear to tell the truth and it is recorded (if you lie you can get charged with perjury and go to jail)-3 (oral)

  • each lawyer gets to ask them questions

Appellate brief parts

• title page

• table of contents

• table of authorities

• question(s) presented

• statement of jurisdiction

• constitution/statutory provisions

• statement of the case

• summary of argument

• argument

• conclusion

Final quiz

12 questions

• 5 types of legal writing

• parts of a case beif

• legal authority

• places to begin researchp

  • reporters

  • nexus and west law

  • words and phrases

• parts of a legal memo

  • issue, conclusion, facts, discussion, conclusion

• 3 forms of written discovery

• 2 basic pleadings

  • plaintiff: complaint

  • defendant: answer

• cite cases

• circuits

  • 13 (11 named and 2 other- federal and DC)

• types of courts

  • state and federal

• client opinion letter

  • don’t promise something you cant deliver

• tiers of courts

  • trial, appeals, supreme (both levels)