Jury instructions

Article Abstract:

Jury instructions often prove confusing to their audience, which is rarely trained in the arcane legal language, so advocates of plain English in the courtroom are gaining ground. Judges frequently use legalese because they fear being reversed, or because an English version reveals the instruction's essential silliness. Jury instructions also deserve careful attention from litigators who can use them as a guide to the case, and to set themes that will re-echo in the judge's own words.

Author: McElhaney, James W.
Interpretation and construction, Instructions to juries, Jury instructions

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Twelve ways to a bad brief; following instincts may hurt a submission to the court

Article Abstract:

Bad legal brief writing happens in many ways and often involves the compounding of ordinary sins good lawyers are guilty of on a daily basis. These ordinary sins include undue length, too many issues, unreasonable or losing arguments, miscitation of a case or use of too many citations, lack of analysis and allowing personal feelings to intrude. Judges want to right wrongs and each brief should tell the story of a wrong to be righted.

Author: McElhaney, James W.
Legal services, Attorneys, Offices of Lawyers, Lawyers, Briefs, Legal briefs

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A matter of style: what it takes to make legal writing look persuasive

Article Abstract:

Attorneys should keep certain principles in mind when composing a persuasive brief. An attractive appearance will not do a brief any harm. Language should be simple and direct. Lawyers should not lose sight of how their words sound. Word pictures should portray what happened. Rhetorical questions can focus the issue and let the reader know what really matters.

Author: McElhaney, James W.
Legal composition

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Subjects list: United States, Law, Legal language, Methods
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