4. Arguments which
demonstrate the legal bases that compel a conclusion
in the client's favor.
• Argument is structured for clarity and
persuasive impact.
- 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).
- 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 by 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 a case. |
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