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Preface | |
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Road Mapping | |
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Where, What | |
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Why | |
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Who | |
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When | |
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How | |
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Example | |
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Comparison to Legal Writing | |
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The Role of Facts in Resolving Legal Problems | |
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Story Identification | |
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Additional Story Identification Principles | |
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The Role of Rules in Resolving Legal Problems | |
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The Sources of Rules: Enacted Law and Cases | |
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Enacted Law | |
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Cases | |
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Basic Principles for Understanding Primary Authority | |
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Considerations When Working with Statutes and Cases | |
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Determining the Rule in Typical, Simple Scenarios | |
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Pulling Apart a Rule | |
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Common Mistakes in Parsing a Rule | |
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Assembling a Rule from a Single Court Decision | |
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Determining the Rule in Typical, Complex Scenarios | |
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Assembling a Rule from Multiple Court Decisions | |
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Common Mistakes in Assembling a Rule from Multiple Cases | |
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Determining the Rule in Atypical Scenarios | |
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Assembling Rules in Atypical Settings: Direct Conflicts | |
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Assembling Rules in Atypical Settings: Cases of First Impression | |
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Determining the Meaning of a Statutory Rule | |
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Interpreting Statutory Language | |
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Understand Issues of Statutory Interpretation in Context | |
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Basic Organizing Principles in Legal Analysis and Writing | |
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IRAC: The Basic Components | |
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Introduction | |
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Rule | |
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Application | |
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Conclusion | |
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Linking Discrete IRACs | |
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Basic Writing Principles | |
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Prefer Simplicity | |
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Prefer the Familiar | |
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Prefer Concision | |
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Prefer Action | |
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Avoid Overuse of Adjectives and Adverbs | |
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Pay Attention to Flow | |
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Be Meticulous | |
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Common Mistakes to Avoid | |
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Citation and Quotation Basics | |
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ALWD Citation Manual | |
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General Citation Rules | |
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Full and Short Citations | |
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Pinpoint References | |
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Citation Placement and Use | |
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Abbreviations | |
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Capitalization | |
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Citing to Primary Authority | |
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Constitutions currently in force | |
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Statutes currently in force | |
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Cases | |
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Citing to Secondary Authority | |
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Restatements | |
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Legal Periodicals (Law Reviews) | |
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Books | |
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Working with Signals | |
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The Bluebook | |
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General Citation Rules | |
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Full and Short Citations | |
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Pinpoint References | |
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Citation Placement and Use | |
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Abbreviations | |
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Capitalization | |
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Citing to Primary Authority | |
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Constitutions currently in force | |
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Statutes currently in force | |
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Cases | |
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Citing to Secondary Authority | |
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Restatements | |
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Legal Periodicals (Law Reviews) | |
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Books | |
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Working with Signals | |
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General Rules on Quoting Authority | |
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Block Quotations | |
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Shorter Quotations | |
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Alterations and Omissions | |
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Common Questions about When and What to Cite | |
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Communicating a Predictive Analysis | |
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Common Features of Good Predictive Writing | |
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The Office Memorandum Template | |
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The Client Advice Letter Template | |
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Communicating a Persuasive Analysis | |
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Common Features of Good Persuasive Writing | |
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The Trial Court Brief Template | |
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The Appellate Brief Template | |
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Oral Argument | |
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A Way to Prepare the Argument | |
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A Way to Begin the Argument | |
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A Way to Approach the Middle of the Argument | |
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A Way to Approach the Conclusion of the Argument | |