Legal Writing and Editing

Required texts:
Legal Writing in Plain English (2d ed., Chicago 2013)
Garner’s Dictionary of Legal Usage (3d ed., Oxford 2011)

General Instructions

Bcgm each answer on a separate sheet of paper.
Include your exam number on each page of your answers.
. .ll three questions arc mandatory, but note that Question #3 has an alternative. Each answer should bcgtn a new page, but don’t staple the questions individually. Instead, staple (with a hem y-dut) stapler) or bind your entire set of answers together with this Jocument at the end. No two answers may come from the same source. And all sources must be original; for example, don’t use a casebook’s reproduction of a text, but instead the original text itself.

1. Verbosity. Hnd a verbose state legislative provision (outside Texas) of at least
100 words (no upper limit)-one particularly in need of editorial overhaul. It must be current law., big part of succeeding on this question depends on your locating a good passage for the exercise-one that contains enough context that your work vill be self-explanatory. Retype the passage (no photocopies) and provide a full Cltation in proper Bluebook form. (Points will be deducted for tmpropcr form.) Then, without changing the meaning-yes, be scrupulously faithful to meaning-cut it down by at least 20%. Provide word counts and a percentage of reduction. Don’t just rely on the word processor for word counts:
cnfy the number manually. Pi.:x all usage errors and stylistic blemishes in your renston. Make it easy for me to see what you’ve done. Also, write a brief paragraph explaining your approach to the revision (in your own words, not parroting what you’ve heard me say) and describing the errors and blemishes you
fixed.
If space permits, put the original version on the top of the page and your words just below, on the same page. Your work should be single-spaced (appearing much as this exam docs).
cedless to say, this must be your original work. Not long ago, a student
submitted my revision of a passage used as an illustration in Legal lfl”n”ting in Plain Engli.rh and claimed that I was estopped to give it anything but an A. You must not use a passage that I’ve used as an example in one of my own books or that appears in other legal-writing texts. If you do your own work, there’ll be no
problem.

2. Deep Issues. Do the ad,•anced exercise on pages 77-78 of Legal lf/n”ting in Plain EngliJh (2d ed. 2013). Note that there’s a 75-word limit for each of your deep issues. Include a copy of the case immediately after your answer. In preparing this ansver, make sure to read GDLL’ at 484-87.
Student lD # _
Page 2 of 5

The case must have been designated for publication. Cases in the Federal

Appendi.x are not eligible. Submitting an unpublished case will result in a score of
0 on this question.

3a. Case Brief. Find a post-2005 reported state appellate case that (1) involves a question of statutory construction or contractual interpretation, and (2) departs from a literal reading of the text in a way that you strongly believe to be either justified or unjustified. Under separate headings, on no more than two pages total, pro•dde the case citation (in Bluebook form); the statutory or contractual language at issue; an explanation of the problem that the language presents; the two contentions about its meaning; the court’s decision and rationale; why you think the decision was right or wrong; and, if right, how a literal reading would affect the outcome, or, if wrong, how you think the case should have been decided. If the case you select had a dissenting opinion, you should take an additional half-page to explain the position of the dissenter or dissenters (making
2.5 pages total).s much as possible, use your own words-paraphrase and
summarize-but you must quote the crucial legislative or contractual words at issue, with some context. Make your case brief so clear that an educated nonlawyer could readily follow what you’re saying. Attach a photocopy of the case you’ve chosen.
For some guidance, you might read ugal Wn”ting in Plain English at 8-9 and GDLU at 474. Note that the elements list in the first paragraph of this question are unique to this assignment. See the final page of this exam for suggested headings.
Note that a “reported” case must have been designated for publication. A case published only in a state’s official reporter is acceptable. Submitting an unpublished case will result in a score of 0 on this question.

Alternative Question #3

Case Brief. Find a post-2000 reported appellate case (state or federal, not including the U.S. Supreme Court) in which the court overruled its own earlier precedent for reasons that you consider feeble (from a lawyerly perspective). .s clearly as you can, on no more than two pages total, explain the case for an educated nonlawyer-almost as if you were explaining it to a radio audience. But never oversimplify: your explanation must also be palatable to legal experts. So explain the standard, what the court did and why, and why you think the court erred. Weave the facts into your explanation. Attach a photocopy of the case you’ve chosen.

 

If the case you select had a dissenting opinion, you should take an adilitional half-page to explain the position of the dissenter or dissenters (making
2.5 pages total).
0Jote that a “reported” case must have been designated for publication. Cases in the Federal . ppendix are not eligible; cases published only in a state’s official reporter are. Submitting an unpublished case will result in a score of 0 on this question.

Extra Credit
Draft one to three entries for legal terms not recorded 1n the tenth cdiuon of Blud:…:,­ Lnv Otdtona’). Follow the style of that edition.

Mter you’ve finished the exam, reread the general instructions to ensure that you’ve followed them.
Case name:

Headings for Case Brief for #3a

name, citation [Bluebook style].

The statutory or contractual language at issue: [quote exactly]

The problem the language presents: What the appellant contended it meant: What the appellee contended it meant: What the court decided it meant: Rationales:
What was (right, wrong) about that decision:

If right, how a literal reading would have affected the outcome:

If wrong, how it should have been decided and why: Dissenting opinion (if applicable):

Is this the question you were looking for? If so, place your order here to get started!