4. Arguments that demonstrate the legal bases that compel a conclusion in the client's favor.

Your legal argument follows point headings and subheadings. Headings contain a synopsis of the first paragraph of the argument that follows.

Begin your argument by giving your conclusion (C); then a brief statement of the rule to support the conclusion, telling why you should win (R); then a detailed analysis of the facts (A); and finally your cases (C).
Discussion of cases should come at the end, unless a case is so central or new that you must discuss it first. Key or controlling cases must be discussed in detail, but the intricacies of other cases can be explained in a phrase, clause or parenthetical.

Quote someone if the quotation speaks directly to the point or if the author said something far more eloquently than you could. Quoting the court's own words back to it is most always a good idea.

Indicators:
• Argument is structured for clarity and
persuasive impact.

- The argument supports assertion in point
heading.

- Structure follows the CRAC method.

- Attack is focused on a few strong points
vs. blunderbuss approach.

- Strongest legal argument is emphasized
(precedent v. equity and policy).

- Any quotations are brief and appropriate.

• Legal Rules are defined and explained.

- Best and most applicable authority is
selected.

- Superfluous and irrelevant authority is
excluded.


- Elements of enacted law at issue are
explained using court opinions,
legislative purpose or history, statutory
language, interpretive canons, policy
considerations.

- Controlling court opinions are analyzed
and relied on to support major
propositions by stating key facts, holding
and rationale.

• Fact Analysis
- How legal rules operate on the facts is
demonstrated.

- Facts are connected to each essential
element of enacted law.

- Key facts of court opinions are
compared to key facts of case to
demonstrate similarity or dissimilarity.

- Extending, limiting or rejecting a
legal rule is explained by referring to
appropriate authority and the key facts of
the case.