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Books on legal writing at a law library. Legal writing involves the analysis of fact patterns and presentation of arguments in documents such as legal memoranda and briefs. [1] One form of legal writing involves drafting a balanced analysis of a legal problem or issue. Another form of legal writing is persuasive, and advocates in favor of a ...
Heracles' Bow: Essays on the Rhetoric and Poetics of the Law is a collection of ten essays, written by James Boyd White in 1985, that examine forensic rhetoric as it creates community, as an example of what White calls constitutive rhetoric. White supported the Law and Literature Movement.
One indication, however, as to whether a case is widely regarded as being "leading" is its inclusion of the ruling in one or more of the series of compilations prepared over the years by various authors. One of the earlier examples is Augustus Henry Frazer Lefroy's Leading Cases in Canadian Constitutional Law, published in 1914.
This case featured the first example of judicial nullification of a federal law and it was the point at which the Supreme Court adopted a monitoring role over government actions. [2] Little v. Barreme, 6 U.S. 170 (1804) The President does not have "inherent authority" or "inherent powers" that allow him to ignore a law passed by the US Congress.
The first three paragraphs of the essay describe the development of the common law with regard to life and property. Originally, the common law "right to life" only provided a remedy for physical interference with life and property. But later, the scope of the "right to life" expanded to recognize the "legal value of sensations."
In the IRAC method of legal analysis, the "issue" is simply a legal question that must be answered. An issue arises when the facts of a case present a legal ambiguity that must be resolved in a case, and legal researchers (whether paralegals, law students, lawyers, or judges) typically resolve the issue by consulting legal precedent (existing statutes, past cases, court rules, etc.).
Legal formalism is both a descriptive and normative theory of how judges should decide cases. [1] In its descriptive sense, formalists maintain that judges reach their decisions by applying uncontroversial principles to the facts; formalists believe that there is an underlying logic to the many legal principles that may be applied in different cases.
A law review or law journal is a scholarly journal or publication that focuses on legal issues. [1] A law review is a type of legal periodical. [2] Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging legal concepts from various topics.