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When a potential client has an interview with an attorney and tells of the legal problem, the attorney, or office paralegal, will review prior case law to find out if the client does indeed have a problem that has legal remedy. The formation of each case brief follows the same pattern: Facts, Issue, Rule, Analysis, Impact.
The table of authorities, often called a TOA, is frequently a legal requirement for litigation briefs; the various state courts have different rules as to what kinds of briefs require a TOA. The TOA list has the name of the authority followed by the page number or numbers on which each authority appears, and the authorities are commonly listed ...
For example, an appellate brief to the highest court in a jurisdiction calls for a formal style—this shows proper respect for the court and for the legal matter at issue. 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.
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.).
Oral argument at the appellate level accompanies written briefs, which also advance the argument of each party in the legal dispute. Oral arguments can also occur during motion practice when one of the parties presents a motion to the court for consideration before trial, such as when the case is to be dismissed on a point of law, or when ...
The work-product doctrine is more inclusive than attorney–client privilege.Unlike the attorney–client privilege, which includes only communications between an attorney and the client, work product includes materials prepared by persons other than the attorney themselves: The materials may have been prepared by anybody as long as they were prepared with an eye towards the realistic ...
In March 1999, LexisNexis released an online version, named Shepard's Citation Service. [7] While print versions of Shepard's remain in use, their use is declining. Although learning to Shepardize in print was once a rite of passage for all first-year law students, [2] the Shepard's Citations booklets in hardcopy format are cryptic compared to the online version, because of the need to cram as ...
A paralegal in 2004, photo distributed by NARA. A paralegal, also known as a legal assistant or paralegal specialist, is a legal professional who performs tasks that require knowledge of legal concepts but not the full expertise of a lawyer with an admission to practice law. The market for paralegals is broad, including consultancies, companies ...