International legal English Legal writing skills

Preparing a case brief  Format useful for Newsletters Legal opinions

Preparing a case brief A. The name of the case, the names of the parties

Preparing a case brief B. Summary of facts of the case Describe: the circumstances leading to the dispute, briefly but in all necessary detail; the history of the case, including the ruling of the lower courts what the case was about

Preparing a case brief C. The legal issue(s) involved in the case Identify the point of law around which the case revolves or the legal issue it raises.

Preparing a case brief D. Arguments by the parties State the legal analysis and argumentation by each side. This sometimes appears separately, sometimes as part of the court’s reasoning.

Preparing a case brief E.The reasoning of the court State or summarize an account of the reasons the court gives, leading to its decision. This section often refers to previous cases and established principles of law, or statute. In addition, it may deal with arguments by the parties, stating the court’s position on those arguments.

Preparing a case brief F.The ruling or holding of the court  State the decision of the court.  This may take the form of an answer to the legal issue (question) that the case raises.

Preparing a case brief G.Comment: general legal significance Demonstrates the legal skill of extracting and summarizing importance of decision in everyday terms both for lawyers and others. Especially useful in newsletters Note: same applies to analyzing and summarizing changes in legislation.

Principles of Clear Writing

Write in the active voice. Passive: The regulation [receiver] was written [verb] by the drafter [actor]. Active: The drafter [actor] wrote [verb] the regulation [receiver].

Write in the active voice.  The passive voice is appropriate when the actor is unknown, unimportant, or obvious.  This does not usually apply in regulatory or contractual text.

Use action verbs.  DON'T SAYSAY give consideration toconsider is applicable toapplies to

Use "must" instead of "shall".  shall imposes an obligation to act, but may be confused with prediction of future action  will predicts future action  must imposes obligation, indicates a necessity to act

Use "must" instead of "shall".  should infers obligation, but not absolute necessity  may indicates discretion to act  may not indicates a prohibition

Use the present tense  DON'T SAY: The fine for driving without a license shall be EUR  SAY: The fine for driving without a license is EUR10.00.

Write positively.  DON'T SAY: The Government may not appoint persons other than those qualified by the Personnel Management Agency.  SAY: The Governor must appoint a person qualified by the Personnel Management Agency.

Write positively.  DON'T SAY did not remember  SAY forgot  DON'T SAY failed to comply with  SAY violated

Avoid use of exceptions  DON'T SAY: All persons except those 18 years or older must...  SAY: Each person under 18 years of age must...

Be consistent.  DON'T SAY: Each motor vehicle owner must register his or her car with the Automobile Division of the City Police Department.  SAY: Each automobile owner must register his or her automobile with the Automobile Division of the City Police Department.

Prefer simple words  DON'T SAY substantial portion  SAY large part  DON'T SAY afforded an opportunity  SAY allow

Omit needless words  DON'T SAY call your attention to the fact that  SAY remind you  DON'T SAY for the period of  SAY for  DON'T SAY the question as to whether  SAY whether

Avoid redundancies  any and all  authorize and direct  full and complete

Use concrete words  DON'T SAY vehicles  IF YOU MEAN automobiles

Write short sentences.  Readable sentences are simple, active, affirmative, and declarative.  The more a sentence deviates from this structure, the harder the sentence is to understand

Solutions  State one thing and only one thing in each sentence.  Divide long sentences into two or three short sentences.

Solutions  Remove all unnecessary words. Strive for a simple sentence with a subject and verb. Eliminate unnecessary modifiers.  If only one or two simple conditions must be met before a rule applies, state the conditions first and then state the rule.

Solutions  If two or more complex conditions must be met before a rule applies, state the rule first and then state the conditions.  If several conditions or subordinate provisions must be met before a rule applies, use a list.  Use short paragraphs