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Legal arguments and briefs

Legal arguments and briefs. Components of legal arguments Facts (most important part) Issues (question under consideration) Rules (laws, constitution, statute, precedent) Premises (simple premise, implied premise) Answer (logical deduction from premises). Legal arguments and briefs.

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Legal arguments and briefs

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  1. Legal arguments and briefs • Components of legal arguments • Facts (most important part) • Issues (question under consideration) • Rules (laws, constitution, statute, precedent) • Premises (simple premise, implied premise) • Answer (logical deduction from premises)

  2. Legal arguments and briefs • Process of building a legal argument • determine the issue • outline the facts (discovery) • research rules and laws • prepare premises by applying facts to issue • draw conclusion • test conclusion (is opposite answer obviously wrong, are premises clear, is the rule right)

  3. Legal arguments and briefs • Hints • make sure facts are relevant and logic is sound or the argument will not stand • get to the point • start sentences with nouns • simplify sentences and write clearly • organize argument along FIRPA framework

  4. Legal briefs • Name of case and parties involved • Procedural posture (where is it?) • FIRPA argument • Disposition (remand, uphold, overrule,etc.)

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