Persuasive Writing
Competency

 
Ability to write:

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.