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Explain It To Me: Tips For Effective Rule Explanation In Legal Analysis, Melissa N. Henke Nov 2019

Explain It To Me: Tips For Effective Rule Explanation In Legal Analysis, Melissa N. Henke

Law Faculty Popular Media

The process of rule explanation is an important part of legal analysis, because it informs the legal reader, be it another attorney or a judge, how the legal rule has been applied in past cases. In other words, the rule explanation is where we use case law “to define, explain, and exemplify” the legal rule that determines the outcomes of the client’s problem or dispute. Legal writing texts refer to this discussion of past cases as case illustrations, case descriptions, or case examples, and they often devote substantial space to the topic. This column highlights four tips for improving the …


Sources Of American Law: An Introduction To Legal Research, Tina M. Brooks, Beau Steenken Jan 2019

Sources Of American Law: An Introduction To Legal Research, Tina M. Brooks, Beau Steenken

Law Faculty Books and Chapters

At its most basic definition the practice of law comprises conducting research to find relevant rules of law and then applying those rules to the specific set of circumstances faced by a client. However, in American law, the legal rules to be applied derive from myriad sources, complicating the process and making legal research different from other sorts of research. This text introduces first-year law students to the new kind of research required to study and to practice law. It seeks to demystify the art of legal research by following a “Source and Process” approach. First, the text introduces students …