Effective-Legal-Writing PDF

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Effective Legal Writing: A Practical Guide pg. 92-96 Problem Questions - involves advising a character how the law is likely to apply in the circumstances.  

Involves a detailed set of facts Adopt the IRAC / IPAC approach

I - Identify the issue arising out of the facts R- Explain the relevant principle or rule of law / cite an appropriate authority in support A - Apply the rule or principle of law to the facts C- Conclusion on the most likely outcome in relation to each issue must be reached --> provide overall advice to the client. Theoretical Essay - involves detailed analysis and discussion of the law in a more abstract setting. 

Not required to advise, but must frame their discussion around a question relating to a particular area of the law.

eg. In light of the report of the NSW Law Reform Commission, "People with cognitive and mental health impairments in the criminal justice system: Criminal responsibility and impairments" (June 2013), discuss whether the defence of insanity should be reformed. o o o

Limit discussion to the defence of insanity Need to reach a determination of some kind - a conclusion as to whether or not the defence should be subject to reform. The scope is limited to the wording of the question  In problem questions, it is restricted in scope by the actions of the characters stated in facts.

With ANY type of writing, academic writing task you must make the following assessment: 1. Identification of issues - can the student identify the relevant areas requiring discussion? 2. A discussion of relevant sources - does the student demonstrate an understanding of the relevant rules or principles? Does the student use appropriate sources to support their discussions? Does the student use their knowledge well when attempting to address the issues? 3. Conclusion - does the student address the issues identified? Does the student draw their comments together in a logical, consistent and comprehensive manner?

Application of the law to the facts is an important part in problem questions, however they are not emphasised in answering a theoretical essay question.

Laying Down the Law Pg. 405-414         

Legal writing is a vehicle for persuasion - persuade that the POV offered is the correct or preferable one. Legal writing should be interesting, clear, and readable. When it is interesting, your readers will not turn aside. Simplicity is one of the most desirable features. Wordiness does NOT equate to wisdom. Precision - DO NOT have any vagueness and ambiguity Simple, clear, concise writing is only possible when the writer understands that they are writing about. Always include the title of the holder of a judicial appointment (as Dixon CJ said... NOT as Dixon said) Active voice > passive voice Avoid unnecessary use of gender or race (eg. Reasonable person > reasonable man)

Five components to integrate into critical essay: 1. 2. 3. 4. 5.

Clarification of the issues A statement of your own position Analysis of compelling arguments in support of your position Analysis and rebuttal of counter arguments Potential synthesis

Introductions    

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Succinct, precise, brief Core issues - refer to the main issues that will be addressed, include an indication of why these are significant. Key Perspectives - Major differences in opinion / perspectives / school of thought - do not go into detailed analyses. Define the terms - define words or phrases that are potentially open to different interpretations, are contentious, can be used in different ways to produce alternative conclusions. Your position - your stance should come across clearly and is consistent throughout. The direction of your argument

** Be specific about significant - why is this issue important now? Body Paragraphs   

Your position - provide a clear line of reasoning Analysis of Arguments o Identify reasons for supporting some arguments and dismissing others. Make critical judgements

Strength / weakness of each perspective or line of thought. Gaps in the evidence that makes it difficult to make a definitive judgement. Be clear about exactly what the evidence support. Demonstrate that you have given thought to when, where, and why an argument might apply in one case but not another, and to where further research is needed. Make Critical Choices o Only select the most compelling arguments o Selectivity provides evidence on the strength of your critical thinking skills. o o o o

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Conclusion 

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Synthesis o Your position in the essay may be a combination of the most compelling arguments from several different perspectives. o Be specific about what you would take from each perspective. o Make a judgement about whether your synthesis has limitations. Conclusions o Clarify the key messages that have emerged. o May include why it is difficult to form firm conclusions o Conclusions draw together:  Your position  The most compelling reasons that support your position  Strongest counter arguments and a summary of rebuttal  Strength / weaknesses in the evidence (if relevant)  What specifically needs to be researched further in order better to clarify the issues or strengthen the arguments (if relevant)

Suggested Framework for Introductions 1. Introduce your essay by providing a context: a sentence that provides the reader with some orientation to your topic. 2. Refer to the question: make a link between your answer and the question. 3. Be specific: do not generalise about your topic, relate your answer to examples and evidence. 4. Provide a roadmap: mention in order the issues you will address 5. Finish with a concluding statement

Discussion Questions Tracey Booth

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How does the introduction ‘contextualise the topic’? o The significance of VIS statement in the Australian jurisdiction o Role of VIS

o o o

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Significance of VIS in impacting the sentencing outcomes (of little importance) Limitations of VIS Introduces the challenges of "fairness" faced by Victorian and South Australian court

Does the introduction contain a clear statement of the argument that will be pursued through the article (this is known as a ‘thesis statement’)? If it does, underline the thesis statement?

This article reflects on the handling of the VISs in the Victorian case of Bothwick and argues that the requirement of fairness means that the sentencing court should consider and respond to the interests and concerns of both the defendant and the victim.

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Does the introduction contain a ‘road map for how the argument will be made out’? Did you find this effective? Have you used this in your own writing?

Look back at Q1 - yes it is effective 

Has it been necessary to define terms, or define the topic/parameters of the paper? If so, how has the author done this? Is it succinct and consistent?

She only defined what VIS is, which was necessary and she did it with a good control by explaining its role.

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Does the article use headings? Is this useful to you as a reader? Have you used headings in your essay writing before?

Yes - very easy to follow along....