Rule based reasoning legal writing and research

Follow the topic sentence with a discussion of controlling case law.

Methods of legal reasoning pdf

In this blog, you will find various approaches to legal writing that I have found to be effective. Pollock of the New Jersey Supreme Court. Then apply that case law to your facts by discussing the relevant similarities or differences between the case law and your case. Additionally, the writer includes a second paragraph that features "counter analysis," which mentions one of her client's weaker factual points, but concludes with the reassurance that the weakness is not fatal. Example 2: C. In Mineral Deposits, plaintiff had applied for a patent on its mining equipment. The appellate court reversed the trial court's ruling that the database could not be a trade secret because it had publicly known elelnents and held that, even if plaintiff s database contained publicly known elements, plaintiff's integration of such elements in a non-publicly know methodology gave plaintiff a competitive advantage and could therefore constitute a trade secret. The Network Telecommunications court indicated that reasonable efforts may consist of advising employees of a trade secret's secrecy and sharing information with employees only on a need-to-know basis. Even where alleged trade secrets include elements that are known outside of the business, courts have still found that such methods could constitute trade secrets. Index Author Information Richard K. Petersen advised Ms.

Paragraphing or Subsections. A court may weigh the fact that Ms.

deductive reasoning in law

Petersen took sufficient precautions in guarding the secrecy of the PPI System. Additionally, if your analysis is confined to a single, concise paragraph, you should combine it with your Rule, Explanation, and second Conclusion to form a single paragraph, rather than separating your CREAC into three separate paragraphs.

Methods of legal reasoning pdf

Include the holdings of each case that you discuss so the reader knows which way the court decided based on the facts from that case, which will allow the reader to compare each of those cases to your case. Petersen is actively guarding the PPI System's secrecy. However, when you are just getting started, try to stick to one case per sentence. Example 1: A. Luzenac Group, F. Additionally, the writer includes a second paragraph that features "counter analysis," which mentions one of her client's weaker factual points, but concludes with the reassurance that the weakness is not fatal. Some tips on getting started with legal writing and analysis. You may of course analyze cases using multiple sentences, and you often should do so. Kristen Tiscione of Georgetown Univ. For this reason, you should make sure that your Explanation of your Rule effectively lays out the specific factors that you will address in your Analysis. See Mineral Deposits, P. The appellate court reversed the trial court's ruling that the database could not be a trade secret because it had publicly known elelnents and held that, even if plaintiff s database contained publicly known elements, plaintiff's integration of such elements in a non-publicly know methodology gave plaintiff a competitive advantage and could therefore constitute a trade secret. However, the court explained that there always are more security precautions that can be taken, just because there is something else that could have been done does not mean that the efforts were unreasonable under the circumstances. The Harvey Barnett court found the fact that no other aquatic organizations taught plaintiff's aquatic instruction program compelling in determining that the progranl was not publicly known.

Both courts found that plaintiffs could have trade secrets. Petersen's case, the requests by fitness professionals for Ms. Gloucester County School Bd.

what is legal legal reasoning

Model format to discuss cases. Compare your facts to the cases where the court ruled favorably by showing that your case is similarly strong, perhaps even stronger.

Deductive reasoning in law

Pollock of the New Jersey Supreme Court. After your topic sentence, discuss relevant case law to demonstrate how courts have previously treated the issue, preferably in situations relatively similar to yours. The appellate court reversed the trial court's ruling that the database could not be a trade secret because it had publicly known elelnents and held that, even if plaintiff s database contained publicly known elements, plaintiff's integration of such elements in a non-publicly know methodology gave plaintiff a competitive advantage and could therefore constitute a trade secret. NOTE: While I recommend that you first discuss controlling case law and then discuss your facts, you are welcome to try reversing that order. Example 1: A. And, most importantly, stick to that theme throughout the paragraph. If you identified relevant Factors in your Explanation, then simply discuss each of those factors, one by one in separate paragraphs or subsections in your Analysis section. He is a frequent speaker at legal education conferences. She also had a prestigious Skadden Fellowship to practice public interest law at Cambridge and Somerville Legal Services, where she represented clients on matters involving receipt of public benefits and unemployment. In Rivendell Forest Products, Ltd. Then apply that case law to your facts by discussing the relevant similarities or differences between the case law and your case. Following your opening paragraph to your subsection are your Analysis paragraphs.

Another benefit to organizing your Analysis according to the factors that you identified in your Explanation is that you will then naturally organize your writing by factor or theme, according to the nature of the law, and not simply by case.

Rated 10/10 based on 61 review
Download
(PDF) Legal+Reasoning+and+Legal+Writing+7th