A powerpoint presentation for a legal analysis and academic writing workshop

1. Legal and Academic Writing
Ido Levy
IDC Writing Center

2. Legal Writing
• Systematic
• Analytical
• Relies on legal sources

3. Principles of Legal Writing
1. Accuracy
2. Analysis and Application
3. References
All three are equally essential

4. Relation to Academic Writing
• Accuracy
– Common to both
• Analysis and application
– Hierarchy and relevance
• References
– Synthesis of sources

5. Accuracy
• Be specific (and concise)
• No poetic license, no ambiguity
• Words matter!
– Correct terminology

6. Example
• He is a bad TA.

7. Example (cont.)
• He is a bad TA.
• The TA explains the material badly.

8. Example (cont.)
• He is a bad TA.
• The TA explains the material badly.
• In the recitations, the TA does not get through all the material.

9. Example (cont.)
• He is a bad TA.
• The TA explains the material badly.
• In the recitations, the TA does not get through all the material.
• The TA neglected to teach us how to write a legal analysis.

10. Example (cont.)
• He is a bad TA.
• The TA explains the material badly.
• In the recitations, the TA does not get through all the material.
• The TA neglected to teach us how to write a legal analysis.
• The man made a huge mistake and paid for it.

11. Example (cont.)
• He is a bad TA.
• The TA explains the material badly.
• In the recitations, the TA does not get through all the material.
• The TA neglected to teach us how to write a legal analysis.
• The man made a huge mistake and paid for it.
• The local court sentenced the man to five years in prison for driving drunk.

12. Application and Analysis
• Integrative writing
– Present facts and law
– Analyse
– Conclude
• Content: Relevance
• Structure: Hierarchy
– General to specific

13. Example
• Facts: A person is driving his car through a
crosswalk. He has a green light. A pedestrian
crosses the street on a red light. The car hits
the pedestrian.

14. Example
• Facts: A person is driving his car through a
crosswalk. He has a green light. A pedestrian
crosses the street on a red light. The car hits
the pedestrian.
• Law: Vehicles are allowed to pass through
crosswalks if they have a green light.
Pedestrians must not cross streets if they have
a red light.*
• Can we hold the driver legally
accountable for hitting the pedestrian?

15. Example
• Facts: A person is driving his car through a
crosswalk. He has a green light. A pedestrian
crosses the street on a red light. The car hits
the pedestrian.
• Law: Vehicles are allowed to pass through
crosswalks if the former have a green light.
Pedestrians must not cross streets if the
pedestrians have a red light.
• Can we hold the driver legally
accountable for hitting the pedestrian?

16. Example (cont.)
• Analysis: The pedestrian failed to abide by the
law prohibiting the crossing of a street on a
red light. At the same time, the driver was
permitted to drive his vehicle through a
crosswalk with a green light in his favor.
Hence, the pedestrian was wrong.

17. Example (cont.)
• Analysis: The pedestrian failed to abide by the
law prohibiting the crossing of a street on a
red light. At the same time, the driver was
permitted to drive his vehicle through a
crosswalk with a green light in his favor.
Hence, the driver cannot be held at fault for
hitting the pedestrian.

18. Example (cont.)
• Conclusion: As shown, the driver is not
responsible for the injuries of the pedestrian
and must not be held accountable by the law.

19. Example (cont.)
• Conclusion: As shown, the driver is not
responsible for the injuries of the pedestrian
and must not be held accountable by the law.
Also, Mexico has to pay for the pedestrians’
medical bills and God bless the United States
of America.

20. Example (cont.)
• Conclusion: As shown, the driver is not
responsible for the injuries of the pedestrian
and must not be held accountable by the law.
Also, Mexico has to pay for the pedestrians’
medical bills and God bless the United States
of America.
• Wait, what?

21. References
• Synthesis of sources
• The meat
• If in doubt, reference

22. Example
Over the past few years, there has been a resurgence in non-democratic
government. The failure of democracy in Iraq following the American
invasion and the heightened authoritarianism of Russia are only two
examples of deviations from democracy. Plattner (2015) analyzes what
may have caused this resurgence. He cites two aspects of explaining this
resurgence: objective data on the state of democracy and subjective
feelings about it. Diamond (2015) illustrates in greater depth the second
aspect. He points out that one can observe a decline in democracy
through understanding that the resurgence in authoritarianism is a result
of people generally losing faith in the legitimacy and effectiveness of the
democratic system.

23. Example (cont.)
The pedestrian failed to abide by the Berlin
Convention on the Law of the Street, which
prohibits the crossing of a street on a red light.
At the same time, the driver was legally
permitted to drive his vehicle through a
crosswalk with a green light in his favor.
Hence, the driver cannot be held at fault for
hitting the pedestrian.

24. Example (cont.)
The pedestrian failed to abide by the Berlin
Convention on the Law of the Street, which
prohibits the crossing of a street on a red light.
At the same time, the driver was legally
permitted to drive his vehicle through a
crosswalk with a green light in his favor.
However, the London Protocol states that the
driver of a vehicle was always responsible for
colliding with a pedestrian, regardless of the
circumstances.*

25. Example (cont.)
The pedestrian failed to abide by the Berlin
Convention on the Law of the Street, which
prohibits the crossing of a street on a red light.
At the same time, the driver was legally
permitted to drive his vehicle through a
crosswalk with a green light in his favor.
However, the London Protocol states that the
driver of a vehicle is always responsible for
colliding with a pedestrian, regardless of the
circumstances.

26. Big Example
• Facts: Ben attacks Anne with a lightsaber.
Anne retaliates and subdues Ben. Anne then
proceeds to kill Ben.

27. Big Example
• Facts: Ben attacks Anne with a lightsaber.
Anne retaliates and subdues Ben. Anne then
proceeds to kill Ben.

28. Big Example
• Facts: Ben attacks Anne with a lightsaber.
Anne retaliates and subdues Ben. Anne then
proceeds to kill Ben.
• Courscant Convention: Use of the Force is
prohibited, except in self-defense.*
• Alderaan Protocol: Any killing claimed to have
been committed in self-defense must be
proportional to the threat of danger.
• Naboo Accord: The lightsaber is the weapon
of a Jedi.

29. Big Example
• Facts: Ben attacks Anne with a lightsaber.
Anne retaliates and subdues Ben. Anne then
proceeds to kill Ben.
• Courscant Convention: The use of force is
prohibited, except in self-defense.
• Alderaan Protocol: Any killing claimed to have
been committed in self-defense must be
proportional to the threat of danger.
• Naboo Accord: The lightsaber is the weapon
of a Jedi.

30. Big Example
• Was Ben legally permitted to attack Anne?
• Was Anne legally justified in killing Ben?

31. Big Example
The Courscant Convention prohibits the use of
force. Thus, Ben was at fault for attacking Anne.
Anne’s retaliation, however, was justified because
the convention makes an exception for cases of
self-defense. Nonetheless, Anne’s killing of Ben
after subduing him amounts to a violation of the
Alderaan Protocol. This protocol calls for
proportionality to the threat of danger and Ben
was already subdued – and, therefore, no longer
a threat – when Anne killed Ben.

32. Big Example
• What about the Naboo Accord?

33. Big Example
• What about the Naboo Accord?
• It is completely irrelevant to the case…

34. Conclusion
• All three principles together
• Be systematic
• Ask yourself:
– What happened?
– What laws pertain to this situation?
– How can I apply these laws?

35. Legal Qs
• Not yes or no
• Look for clues