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  • Essay / Legal Research, Writing, and Analysis - 1457

    In this essay, we will discuss the process of legal research, writing, and analysis. The subject will be presented in a clear, concise and objective manner. The textbook we will refer to is "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th edition, BarBri Group, 2006. The American court system consists of a trial court, an appeals court, and of a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The court of appeal hears cases whose solution is contested by the losing party before the court of first instance. The Supreme Court or High Court hears cases whose outcome is challenged by the losing party in the court of appeal. The Supreme Court or High Court chooses which cases warrant a hearing. The federal and state court systems have the same basic structure. Each consists of a trial court, an appeals court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits covering most states except the District of Columbia. The federal system also has specialized courts such as the Court of Federal Claims and the United States Tax Court. An important point to keep in mind is that all binding decisions are made by the highest court, either at the federal or state level. These decisions only constitute precedent in the jurisdiction where the court sits. Stare decisis refers to the practice of courts adhering to previously rendered decisions. This is especially true regarding decisions of the United States Supreme Court, which are binding on both federal and state courts. Remember that court decisions in the same jurisdiction only have persuasive power which is not binding. When an appeals court or federal or state supreme court ...... middle of paper ......r case. You should include a table of contents, a table of sources, a statement of jurisdiction, questions or issues, a statement of the case, a summary of the argument, the argument, and a conclusion. When you write an opinion or letter to the client, you are writing to inform or advise a client. Both sides of the matter must be presented objectively. Remember that your writing should be informal. It's aimed at someone who may not be familiar with legalese. State the facts or issues in the case, then discuss the law that may be applicable. There is no need to go into more detail in this letter. Keep your sentences short, positive and precise. This concludes my summary of lessons gleaned from BSL 301 – Legal Research, Writing, and Analysis referencing Honigberg, G. “Gilbert Law Summaries: Legal Research, Writing, and Analysis” 10th ed. BarBri Group, 2006.