Legal Research & Writing - Class 10 Notes

Proper Punctuation

  • Overview of punctuation, referencing PEL Chapters 8-10 (pages 71-118).

Sentence Components

  • Subject: The word or group of words that a clause or sentence makes a statement about (e.g., lawyer).
  • Predicate: The word or group of words that make a statement about the subject (e.g., had objected to the evidence).
  • Phrase: A group of closely related words that does not contain both a subject and predicate (e.g., objecting to the evidence).
  • Independent clause: A group of words that contains a subject and predicate and can stand alone as a complete sentence (e.g., the lawyer in the grey skirt objected to the evidence).
  • Dependent clause: A group of words that contains a subject and predicate but cannot stand alone as a complete sentence (e.g., when the lawyer in the grey skirt objected to the evidence…).

Comma Usage

  • Connect two independent clauses with a conjunction.
  • Set off an introductory element.
  • Set off nonessential elements from the rest of the sentence.
  • Separate items on a list.
  • Set off dates, titles, geographical names, and short quotations.

Other Punctuation Marks

Periods

  • End of a declarative sentence, command, or indirect quotation.
  • Follow common usage for periods in abbreviations; consult CSM or Bluebook.
  • If the abbreviation is unclear, consider avoiding it.

Question Marks

  • End of a direct question.

Exclamation Points

  • Use for emphasis, but sparingly.

Semicolons

  • Join two independent clauses (e.g., “The defense counsel objected to the question; she said that it called for information protected by the attorney-client privilege.”).
  • Separate items in a complicated list, especially when the list has internal commas (e.g., “The prosecutor called the following witnesses: Susan Wu, a psychiatrist; Michael Bradford, ballistics expert; and George Frye, a police investigator.”).

Colons

  • A colon indicates that what follows is one of these:
    • A series.
    • A summary, elaboration, or illustration of what precedes it.
    • A long quotation.

Parentheses

  • Set off material that interrupts a sentence.

  • De-emphasize the material.

  • Used when the information is clearly subordinate

  • Example: “The police found a diamond ring (worth at least $$1,000) in the suspect’s pants pocket.”

  • Can be used to avoid ambiguities.

  • All CA CITATIONS AT END OF SENTENCE

Dashes

  • Em-dash (longer dash—): Signals an abrupt break (e.g., The judge—bristling with indignation—slammed the gavel on the bench).
  • En-dash (shorter dash - ): Indicates a range (e.g., The summer semester runs from June 1-August 15).

Hyphens

  • Hyphenate compound modifiers (e.g., my hard-headed boss).
  • Usually used with prefixes ex-, self-, quasi-, and all- (e.g., ex-husband, self-inflicted).
  • Used for compound numbers and fractions and for numbers spelled out (twenty-one through ninety-nine).
  • CSM has a lot of hyphen rules in Chapter 4.

Apostrophes

  • Form possessives (e.g., Susan’s running shoes).
  • Form contractions (e.g., can’t, it’s).
  • Form the plural of some terms such as numbers, letters, symbols (e.g., the witness recalled that the license number included three 6’s).

Design Techniques for Readability

  • Choose a legible font; adhere to court rules if specified.
  • Use appropriate spacing between words and lines, following court rules if any.
  • Use generous page margins (approximately 50% text and 50% white space).
  • Use visual cues like headings to guide the reader.
  • Use lists and tables where appropriate.
  • Emails: avoid special formats and backgrounds; use a clear subject line.

Being a Vital Asset

  • Research and writing are essential in all types of law practice.
  • Every project may feel overwhelming at first.
  • Remember and apply skills learned in the class step by step.

Project Management

  • Understand requirements:
    • Due date?
    • What are the issues? Ask if unclear.
    • What jurisdiction?
    • Available research resources and cost-effective options?
    • Available samples? Use with caution and due diligence.
    • Have colleagues worked on something similar?

Organization

  • Record all deadlines on your calendar IMMEDIATELY (filing date, supervisor due date, etc.).
  • Start investigation to compile facts.
  • Make a list of search terms and phrases.

Research Plan

  • Start with secondary sources (even in familiar areas).
  • Look for free or cost-effective research options first.
  • Save statutes, cases, and other helpful sources.
  • Use Citators/KeyCites/Shepardize.
  • Revisit the initial investigation as you read more cases to identify any missing information.
  • Research is a fluid process; expect to move forward, backward, and potentially change course.

Outlining

  • Outline issues and findings before writing.
  • List relevant facts under each issue.
  • List helpful resources for each issue.
  • This is also an iterative process that evolves with new information.

Drafting Legal Documents

  • Write facts to engage the reader while only including relevant information.
  • Use IRAC/CRAC/CREAC format consistently.
  • Accurately cite each authority.
  • Review your facts after drafting the analysis to ensure accuracy.
  • Write the introduction and conclusion last.
  • Remember to read and apply any local court rules/internal rules.

Review and Revise

  • Print the draft and review with a pen.
  • Read the document out loud.
  • Cite check.
  • Run spell check.
  • Take your time and take breaks if needed.

Upcoming Deadlines

  • Professor Lee will take questions regarding the final up until May 5, at 12 p.m.
  • Final assignment due May 9, by 12 p.m.