how to make your own attorney argument

You need to: identify relevant legal issues apply the law to the facts structure your answer clearly and logically (use the model plan) use appropriate language for a legal argument. Identify relevant legal issues and apply the law to the facts

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How do you write a legal argument in law?

different parts of your argument. –Remember: clarity is your overarching goal. •Format your essay in a way that makes it easy to read and mark. –Most lecturers prefer a standard (not exotic) font such as 12 point Times New Roman. Make sure it is large enough to read easily. –Always use at least 1.5 line spacing. Leave adequate margins.

Do you need a law degree to argue like an attorney?

MEMORANDUM OF LAW: This memorandum is intended to cover three points: (1) that under Louisiana law Mrs. Smithers was within her rights to tape record her own telephone conversation with her husband without his knowledge or consent, and such tape is admissible in court; (2) that her husband's admissions of adultery on the tape make out a prima facie case of adultery; and, …

How to write an argumentative essay?

You need to: identify relevant legal issues apply the law to the facts structure your answer clearly and logically (use the model plan) use appropriate language for a legal argument.

How do you deal with arguments in court?

Then give the court concrete reasons to accept your argument by focusing on facts. For example, say “A court may pierce the corporate veil whenever a company’s capitalization falls below a certain ratio.”. Avoid generic statements of law, such …

How do you make an argument like a lawyer?

15 Ways to Argue Like a LawyerQuestion Everything and Everyone, Even Yourself. (via giphy.com) ... Open Your Ears Before You Open Your Mouth.Come Prepared.Try On Their Business Shoes. ... Trump Your Emotions with Reason. ... Don't Negotiate If You Have Nothing to Offer.Avoid the Straw Man. ... Use Their Strength Against Them.More items...•Sep 11, 2014

How do you write a good legal argument?

Eight Easy Rules for Persuasive Legal WritingKeep paragraphs within 2 to 7 sentences. ... Keep sentences under 60 words. ... Avoid unnecessary detail. ... Banish passive voice. ... Use key words to signify your argument. ... Define your opponent's argument. ... Edit as you go.Nov 14, 2017

How do you start an argument in court?

Start with a brief summary of your argument. Give the Court an idea of what you plan to discuss and in what order. Make it clear to the Court in a very conversational way what issues are before the Court. Make positive statements about the law and/or policy in your favour.Feb 7, 2012

How can I fight my own case in court?

Provision for Fighting One's Own Case as per Advocate's Act. Section 32 of the Advocate's Act clearly mentions, the court may allow any person to appear before it even if he is not an advocate. Therefore, one gets the statutory right to defend one's own case through Advocate Act in India.Jan 28, 2017

What are the components of a legal argument?

I. Legal Reasoning - Generally Issue - What specifically is being debated? Rule - What legal rule governs this issue? Facts - What are the facts relevant to this Rule? Analysis - Apply the rule to the facts. Conclusion - Having applied the rule to the facts, what's the outcome?

What is a written legal argument called?

A brief (Old French from Latin "brevis", short) is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail.

How do you write an argument?

In general the written arguments, like the oral ones, must include the following essential ingredients: State the facts: you must state the facts of your case, back and forth, based on the record. State the law: You must be able to state how you want the court to adopt and apply the law.May 23, 2021

How do you write an advanced argument?

The argument should be written in forceful, active, positive language. It is best to avoid the passive tense. Headings and subheadings are used to help in clearly organizing the arguments. The same structure of headings and subheadings should be summarized in the Table of Contents.Nov 27, 2016

Why do lawyers say if it please the court?

What judges really think about the phrase 'May it please the Court?' Photo of Bryan A. Garner by Teri Glanger. It is often said that May it please the Court is an obligatory phrase at the outset of an oral argument—and that any other opener suggests the oral advocate is unknowledgeable or inexperienced.Apr 1, 2013

Can a lawyer argue his own case?

Yes you can fight your own case in person. There is no law barring a person for filing his case on his own and appearing in person.

Can normal person fight his own case?

Yes. You have the right to fight your own cases without engaging any advocate. It is not necessary that you must engage an advocate to fight your case in a court. A party in person is allowed to fight his own case in the court.Jul 9, 2015

What colors are best to wear to court?

The best colors to wear to court are “conservative” colors (white, blue, navy, gray, and the like) and to steer clear of crazy patterns and shocking fashion statements. Rule number one for women in the courtroom is: Don't dress to distract.Sep 7, 2020

What makes a good lawyer?

“A good lawyer is one who can see both sides of an argument,” administrative attorney Lindsay Garroway said. Open-mindedness can solve your conflict with your roommate too. Lawyers must argue for their clients whether they agree with them or not. Being able to competently argue for both sides requires a deep understanding of the other person’s position; and even if you end up agreeing to disagree, an expression of empathy for the other side’s perspective can save you and your roommate’s relationship.

How to convince the other side of a case?

Lawyers can’t become emotionally attached to every case. They must rely on logic and reason to convince the other side. In any heated argument, instead of focusing on your anger, stay calm and use your head. Stick to the facts and if you’re correct, you’ll come out on top. If you’re wrong, at least you’ll be the better person for not resorting to vitriol.

What happens if you show up to court without your briefcase?

If you show up to court without your briefcase full of research, you’re bound to lose. Likewise, if you start up an argument and have no legitimate facts to back up your claim, you’ll end up looking like an amateur.

Is debate a race?

Debate isn’t a race. Young lawyers dealing with anxiety tend to rush to the end of their arguments. Try to speak slowly, enunciate your words, and solidly hit each of your points — you’ll appear more confident and your words will have more sway. And who knows, a dramatic pause placed just in the right place might swing the audience in your favor.

What is the most common fallacy in argument?

One of the most common fallacies in argument, making a “straw man” is when you inaccurately represent your opponent’s point. By refuting the straw man you can create the illusion that you’re right, even if you’re not. But beware, if you twist your friend’s words, she’ll have even more disdain for you than before.

What is magic judo?

“Magic is a sleight of hand, trying to distract someone from the essence of the argument… Judo is where you take the other’s side strength and make it yours,” attorney and professor of media ethics Jim Wagstaffe said. This technique is only possible if you’re actively listening to the opposing claim. Find what seems to be its strong point, and use your critical analysis to turn it into your own weapon.

Is a grade negotiable?

A grade is only negotiable if you’re right, Scandura said. If you know you don’t deserve the grade, don’t beg your professor for mercy on the last day of the semester — you’re wasting both your time and his. If, however, you have a valid reason for why you’re missing points, don’t hesitate to state your case. 7.

Writing a legal argument

The example paragraphs below demonstrate the things you need to include to write a successful legal argument.

Identify relevant legal issues and apply the law to the facts

These model paragraphs show how a student has successfully identified the legal issues and applied those issues to the facts of the law.

What are some examples of pattern in legal writing?

The most common examples of pattern in legal writing are forms. Because we are so familiar with common legal forms , they make reading easier because we know where to look in the form for certain information. But don’t be enslaved to a form. Use a form only if it follows the three essential rules of writing.

What is legal research?

But legal research is about much more than simply finding cases or presenting long lists of authority. Real understanding of the case law requires that you think outside narrow legal categories—such as intent, misrepresentation or reliance—and that you present the big-picture view of a body of law.

Why does the transition go after the heading?

Unlike in civilian writing—where the transition often goes before the next heading—the transition in legal writing goes after the heading because the heading itself is a form of transition. Thus, the first paragraph or the first sentence after the heading serves as the transition to the new topic.

How many spaces should I put in a quote?

If you must quote a passage of fifty words or more, set off that quote in block format: double space before and after the quote, single space within the quote and indent five or ten spaces at the left and right margins .

What is a lead sentence?

A lead sentence that summarizes your argument serve s as the transition not only to that argument. It can serve as the transition to later paragraphs, as well. If the reader already knows where your argument is going, you need not waste time on careful transitions between paragraphs later on.

Is it easier to transition between sections?

Writing—like life and music—is hardest at the transitions, so many lawyers worry about how to transition effectively. But transitioning between sections and thoughts is easier than you may think. If you follow the principle of leading from the top, your leads all function as transitions. In other words, you already know how to transition. You just don’t know that you know.

What should the closing argument focus on?

The closing argument should focus on how the defendant took shortcuts in a variety of safety issues which led to numerous accidents and eventually plaintiff’s death. Do not be afraid to argue in closing argument-juries expect it. Appealing to emotions is important if the case facts justify it.

What is the second closing argument?

If you represent the plaintiff, you have a “second closing argument” called rebuttal. Some plaintiff attorneys forget to take advantage of this unique opportunity to have the last word. While defense counsel is presenting his or her closing argument, take notes of a few points you can address quickly without reference to complicated evidence. When defense counsel is finished, the jurors are ready to deliberate, so rebuttal should be short and snappy.

Why do we use pull quotes?

Pull quotes help the jury focus on the important language of the document and ignore what is not important. Elmos can be used to project all types of evidence onto a screen and should be used as often as possible.

How to start an argument?

Start with your strongest evidence. Begin with your most compelling piece of evidence in order to begin convincing others of your viewpoint as quickly as possible . From there, you can work your way down until you end with what you view as the weakest aspect of your argument.

What is inductive reasoning?

With inductive reasoning, you will start with specifics and then make a more general conclusion. Example of deductive reasoning: "All cars run on gas. A Toyota is a type of car. Therefore, a Toyota runs on gas.". By this reasoning, if the first 2 premises are true, the third one must be true.

What should be included in an introduction?

The introduction will include your thesis, and it will give a preview of how you plan to prove it. This “preview” will essentially be a brief summary of your research findings. It should also include an engaging opening sentence and a brief summary of both sides of the argument.

Who is the president of Warwick Strategies?

This article was co-authored by Bryce Warwick, JD. Bryce Warwick is currently the President of Warwick Strategies, an organization based in the San Francisco Bay Area offering premium, personalized private tutoring for the GMAT, LSAT and GRE. Bryce has a JD from the George Washington University Law School. This article has been viewed 52,938 times.

What is the difference between soundness and validity?

Determine validity and soundness. A valid argument is one in which , if all premises are true, the conclusion must be true. Soundness refers to whether the premises are actually true. Be sure that your argument is both valid and sound.

Is social media reliable?

Some are more reliable than others. Government or university websites, peer-reviewed journals, well-known news publications, or documentaries are good places to start. In general, social media posts, personal websites, and collaborative websites where anyone can make changes are not reliable sources to cite. These are, however, a good place ...

Why do people want to represent themselves in court?

People want to represent themselves in court for a variety of reasons. For example, they may be involved in a civil trial but cannot afford a lawyer. Although defendants have the right to an attorney in a criminal trial, they do not have the same right in a civil trial. Furthermore, some people feel that they can handle their case better ...

What are the rules of federal court?

The federal court system also has rules of civil procedure and rules of criminal procedure. These rules cover all aspects of a civil or criminal trial: deadlines for filing papers with the court, acceptable methods of service, what kinds of motions the court allows, etc.

What is limited scope representation?

Historically, a lawyer took over the entire representation and did everything. Today, most states allow lawyers to provide “limited scope representation.”. Under this arrangement, the lawyer does only the tasks you agree to. For example, the lawyer may look over documents or coach you as you prepare for trial.

What is hearsay in court?

Hearsay is any statement made outside of court which is offered as proof of the matter asserted. For example, if a bystander said at a crash scene, “The blue car was going too fast,” then it would be hearsay to admit that statement in court as proof that the blue car was driving too fast.

How long can you be in jail for a criminal case?

Court-appointed attorneys. In a criminal case, you are entitled to a court-appointed attorney if you face at least six months in jail. You can also have a lawyer appointed as “stand by” counsel. Stand-by counsel can answer questions, look over any forms you must fill out, and appear in court with you.

Where do depositions take place?

Depositions: in a deposition, one party answers questions in person under oath. Depositions usually take place at a lawyer’s office with a court reporter present. If the party deposed cannot later appear at trial, then sometimes the deposition testimony can be read into evidence at trial.

How many members of a jury are there in a civil trial?

Pick a jury. If you are in civil or criminal court, you have the option of using a jury to decide your case. In criminal trials, the jury usually has 12 members. In civil trials, the number can vary by state, with juries of 12 or 9 being common. In civil trials held in state courts, jury verdicts do not always have to be unanimous.