3. Point headings that focus decision maker attention on a
specific legal problem in the case.
Arguments are divided into points; each point an independent
ground for relief. For example, arguing that an action could be
dismissed because the statute of limitations has run and the
summons was improperly served, gives rise to two points.
Each point becomes a heading; each heading further divided into
sub-headings. Each sub-heading constitutes a significant step of
logic in arguing for the ground of relief stated in the heading.
Read together, the point headings and sub-headings outline your
argument.
Point headings and sub-headings contain key facts and applicable
legal rules, briefly encapsulating the first paragraph of the
argument that follows. Point headings also include the ultimate
result that you are requesting, e.g., benefits be granted,
action be dismissed.
You should word points headings and sub-headings forcefully and
argumentatively-- asserting the essential idea and showing how
that idea fits into your case theory.
Indicators:
• Point headings focus on an independent ground of relief in the
case.
• The argument's strongest points are included as headings.
Insignificant points are not included as headings.
• Headings and sub-headings are sequenced persuasively to lead
readers to the writer's conclusions.
• For each heading, the number of sub-headings equals the
significant steps of logic in the argument.
• Too many sub-headings fragment the argument so that readers
can't quickly see how the argument fits together.
• Too few sub-headings hide the argument's logic.
• Each heading makes explicit the relief that the writer is
seeking.
• Headings and sub-headings contain facts and legal rules that
show how the law applies to the case.
• Headings and sub-headings are presented with forceful
assertion.
• Headings and sub-headings are stated with precision, clarity
and economy according to General Writing Competency #3.
• Headings and sub-headings conform to the mechanics of the
language according to
General Writing Competency #4.
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