This should be outlined point by point in numbered sentences or paragraphs. Thereafter an identical exercise will need to be conducted in respect of the Defence as well. While opinions may vary, four elements that are essential to any useful brief are the following: In a judgement of any complexity, however, an ending should provide an opportunity to revisit the argument, but without repeating the reasons and using different language.
You are the person that the brief will serve! Judges are not above being selective about the facts they emphasize. Other Considerations and Procedural History required lots of highlighting in particular cases although not in every case.
The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form.
In order for a judgement to inspire confidence and to earn the respect of both parties, the Judge must display a full mastery of the facts at issue in the case.
C53 ] Edwards, L.
Our recommendation is a mechanical pencil. This is probably the most difficult aspect of the case to determine. Writing the Body Let the body of your judgement flow like you would tell a story to your next door neighbour, who is not a lawyer, but is concerned to know the outcome of the dispute.
S5 ] Slocum, R. Footnotes In order to keep the length of the judgement within reasonable limits and to incorporate lengthy documents, textbooks passages or cases that may have been consulted or relied upon, it is often necessary to include footnotes to the judgement.
Does the result violate your sense of justice or fairness? Legal writing in a nutshell 4th ed. One subject in which Procedure History is virtually always relevant is Civil Procedure.
An interoffice legal memorandum to a supervisor can probably be less formal—though not colloquial—because it is an in-house decision-making tool, not a court document.
An effective conclusion should summarise those foregoing reasons in a nutshell and in plain English, without repeating citations and references that are already included in the body.
In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements: This will help you later when you try to reconcile conflicting cases. Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage.
Authority[ edit ] Legal writing places heavy reliance on authority. You can direct your reading to the most important sections and will have an easier time identifying what is and is not important.
He must consider and decide all the credibility issues that arise and come to what can or cannot be believed and why. For example, automated tools may be used by transactional lawyers to check certain formalities while writing, and tools exist to help litigators verify citations and quotations to legal authority for motions and briefs.
The Judge must analyse the evidence, determine what is and what is not important in the context of the case, make sense out of incoherent submissions, distil the salient points, summarise the relevant issues, and present all of it in a manner that is easily understood by a broad audience.
While hearing the evidence, the Judge should take notes and, where available, make annotations on the verbatim transcripts of the proceedings.
A good beginning makes the reader want to read more. This is understandable, but it sometimes unfortunately perpetuates an unnecessarily formal legal writing style. Set it off with quotation marks or underline it.
It will allow you to mark off the different sections such as facts, procedural history, or conclusionsthus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.
With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. Depending on the brand, purple and green can be dark, but still work well. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining.
Analysis Here the student should evaluate the significance of the case, its relationship to other cases, its place in history, and what is shows about the Court, its members, its decision-making processes, or the impact it has on litigants, government, or society.
A statement of the relevant law, with quotation marks or underlining to draw attention to the key words or phrases that are in dispute. Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest.Aug 15, · Drafting Legal Documents, Principles of Clear Writing.
Home | Previous | Next. Principles of Clear Writing. 1. Write in the active ultimedescente.com active voice eliminates confusion by forcing you to name the actor in a sentence. Kenya Law / Blog / Conference Paper: Guidelines For Judgement Drafting.
Justice Lee G. Muthoga. Judge, United Nations Mechanism for International Criminal Tribunals. Nairobi, September 19, The purpose of this presentation is to discuss some general guidelines to be followed by Trial Court Judges in writing the judgements in.
How to Write a Brief You’ve read through the fact pattern, statute(s), and case law and now it is time to put your thoughts into a legal brief. Legal writing is a type of technical writing used by lawyers, judges, legislators, Although not as widely taught in law schools, legal drafting courses exist; other types of legal writing concentrate upon writing appeals or on interdisciplinary aspects of persuasion.
International Legal English, written by Amy Krois-Lindner and. We break down everything you need to know to write a case brief like a pro, including the structure and details.
How to Write a Case Brief. Writing a case brief can be rather easy once you’ve got the format down. While this guide focuses more on the structure of a written brief, you should keep most of the elements when doing a book brief.
International Mediators: Writing a "Winning" Mediation Brief. by February lengthy mediation briefs that carefully analyze complicated fact patterns or case law can serve a useful purpose, particularly if they are served well in advance of the mediation.Download