Only occasionally dostudents do anywhere close to the amount of research in the case law that is requiredfor a good paper, however, where the law is – not in the law review articles,not in the treatises, not in the trade publication, not in the ALR annotations,but in the cases and other primary material (statutes, treaties, constitutions). Secondary sources can be helpful – they canpoint you to the cases that you need to read, or, on rare occasions, they canhelp you to understand the cases you have read.
They should never be used as substitutes for the primary materialon which they’re based. And if that’s not enoughof a reason to spend the bulk of your time reading judicial opinions, here’sanother: They are, by far, the bestmodels for the kind of writing that you are learning how to do.
You read opinions so that you can start tosoak up a way of talking about legal questions – a jargon, customary phrasings,ways of using and talking about precedent, and the like. If you read lots ofopinions you are much less likely to write things like the sentence I’m lookingat right now, from another student paper: “Personal jurisdiction can no longer be missing‘because the defendant did not physically enter the forum state’.
missing” in reference to personal jurisdiction. I have, therefore, no clear idea what thissentence means.
But worse, it signals tome that the author of this sentence has either (a) not read very many opinionsdealing with the question of personal jurisdiction, or (b) has not been payingmuch attention to those s/he has read. Neither is a good thing to communicate to your readers.
to be a good writer you must learn to be a good reader. It’s quite obvious,if you think about it for a minute.
Writing involves reading what you have written, identifying itsweaknesses, and revising to eliminate those weaknesses. theirweaknesses; as you read, always ask yourself: What question(s) are the court answering? How persuasive is their reasoning? And finally, you need to read lots ofopinions to find models for the kind of writing you want to learn how todo. When you read anopinion (or any piece of persuasive writing, for that matter – anything thatworks through an argument and reaches some conclusion) that you think iswell-written, well-organized, and effective, ask yourself: what makes it work well? How is it organized? Is there an introduction, and what functionsdoes it serve? How does the author manage the transitions between sections? How does the author let the reader know theoverall plan of the work? When does theauthor summarize what has come before? Writing is a craft; find others who perform it well,observe their methods, and try to emulate them.
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” The goal, ultimately, is tostate a specific question (or set of questions), to provide the reader with ananswer to that question(s), accompanied by a logical argument designed topersuade the reader that the answer you have come up with is the correctone If you want to become a student of a known law-school, you should learn how to do research and write legal research papers and essays. This web page will help you follow simple tips to In order to determine what the issue is, you need to know the parts of the case that are in dispute. Often, facts are included in essay .
Youwill not write a paper “about copyright law”; you will pose, and then you willanswer, a specific question about copyright law. All are designed to I cannot stress thisstrongly enough; far and away, the most common reason that student papers areunsatisfactory is the absence of any sense that they are designed to marshalarguments in support of the author’s answer to a particular question.
Much legal writing isstraightforward, in the sense that you know precisely where you are going whenyou start. When writing a brief, forexample, you know where your argument has to lead: You are trying to persuade the reader that“the defendant i.
, your client isnot liable for doing X,” or “The defendant the opposing party isliable for doing Y,” or “Defendant’s motion for summary judgment should begranted/denied,” or “The court cannot constitutionally exercise jurisdictionover the claim in this case,” or .
Knowing exactly where you want to go, you can then work backwards fromthere to put together your argument.
With a research paper, onthe other hand, you don’t really know where you are going when you begin. You don’t know when youbegin, in other words, the answer to the question you’re posing – that’s whyyou have to do research.
You don’treally know (when you start) “whether section 512(c) of the Copyright Actcovers the dissemination of decryption software”; you don’t know (when youstart) “whether the purposes underlying the Patent Act are furthered byInternet business method patents”; you don’t know (when you start) “whethercourts can assert personal jurisdiction over foreign website operators”; youdon’t know (when you start) “whether clickwrap licenses are or are notenforceable under the Uniform Electronic Transactions Act,” . This makes research papersmore difficult to write than briefs; it is hard to construct an argument whenyou don’t know where the argument is going to go.
On the other hand, thisuncertainty about where you’re headed can be turned to your advantage Term or Research paper. You can rest assured that your personal information will be kept in complete confidentiality and your order will be plagiarism-free. We can meet deadlines as little as 3 hours for any kind of research paper, or essay and we have a proven, 100% On-Time Delivery track record. Place your order now..
You can change your answer – indeed, youcan even modify the question you’re asking – as you go along.
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, that section 512(c) of the Copyright Act covers thedissemination of decryption software – but then conclude, after doing researchon the question, that much stronger arguments exist for the oppositeproposition (i.
, that section512(c) of the Copyright Act does not cover the dissemination ofdecryption software).
You have to do two things when you are undertaking alegal writing project. First, you haveto figure out the answer to whatever question you tryingto answer: Does section 512(c) ofthe Copyright Act cover dissemination of decryption software? The second job, which youcan only accomplish after you have accomplished the first, is to writeyour paper in such a way that you persuade the reader that theyour answer is the correct one.
two papers: The first would be the one you need to write in order to figure outthe answer to your question. The second paper is the one that communicateswhat you have to say to your readers.
Most of you will not,actually, write two separate papers; but you need to think about your projectas if you were going to do so. The firstpaper is the one that people often lose sight of – the one that helps you figureout what it is you’re trying to say.
Theonly way for most of us mortals to construct a complicated, many-layeredargument is to write it down to see whether it makes sense. Unless the question you’ve posed is a verysimple one, you are not going to be able to figure out the answer withoutputting your argument down on paper and reading it through to see if it holdswater; it’s going to be far too complicated for you to keep the whole thing inyour head.
Figuring out whether section512(c) of the Copyright Act covers dissemination of decryption software isprobably going to require you to figure out (a) what do you mean by “decryptionsoftware?,” and (b) “what does 512(c) actually say?,” and (c) “what didCongress mean by using the word “service provider” in Section 512?,” and (d)“is decryption software considered ‘speech’ so that First Amendment applies toour interpretation of section 512(c)?,” and perhaps many other questions likethat. You can’t possibly keep all ofthat in your head and figure out where your argument is headed without writingit down and reading it through.
Use your drafts, in otherwords, to help make your argument better; if your argument doesn’t “work” whenit is written down, it doesn’t work at all; if you can’t write it down, youdon’t have an argument (yet). The “second paper” – or yourother task – is quite different.
Onceyou have figured out where you are going – once you have written something thatenables you to see the answer to thequestion that you have posed for yourself – you need to walk the reader throughyour argument as effortlessly and painlessly as possible. The reader does not necessarily needto see every step that you took to reach your conclusion; you may havetaken some wrong turns, and gone down some dead ends, in trying to figure outhow to answer the question, and the reader does not need to see all of those(and will be very confused if you show them to him/her). Another way to saythis: When you begin, you are writingfor you, to help you understand whatis going on.
Youwill not learn to write well by talking – to me, or to anyone else – aboutwriting; you will learn to write well by writing.
I’m always happy to talk toyou about your project The Rabel Journal of Comparative and International Private Law. Advanced legal research classes, drafting courses, and research paper seminars present opportunities for further study. Dianne Harrison Ferro Mesarch. Even in the most limited. Only want to be actual or potential legal. Erik lund essay dissertation writing .
But the bottomline is that talking to me is much less valuable than most studentsthink it is. Talking about writing islike talking about carpentry, or about playing the piano, or about riding abicycle – interesting, but rarely of much help if you are trying to learn howto do those things.
Writing – actuallypracticing the skill you are trying to master – is almost always more useful toyou than talking about writing.
I’m notsuggesting you should not talk to me if you have questions; but if you wouldlike to talk to me about something, write down what you want to talk about. A sentence, or a paragraph, or an outline,describing your thoughts, or the question(s) you have, will do.
That will not only give you valuable practicein the art of writing, but I guarantee you that it will make our subsequentconversation much more productive. Writing well is often painful; it is alwaysdifficult and unbelievably time-consuming.
It will always take longer — usually a lot longer — than youthink (or than you’d like) to get an outline or a decent draft together, letalone your final product. You must commit to spend however much time it takesto produce a quality product.
There is, unfortunately, nosuch thing as an “A for Effort” when it comes to written work.
The readerdoesn’t know, and the reader doesn’t care, how much time you spent producingwhatever it is you have produced, how much sweat poured off your brow during longnights in the library, etc. All he orshe has, and all he or she cares about, is what you put in his or her hands;that is all that matters to the reader because that is all that the reader cansee.
You must always read your own work fromthe reader’s perspective. Learning how todo this is critically important.
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One of the hardest things about writing well isremembering that your reader does not have in his/her head everything aboutthe subject matter that you have in your head; indeed, the reader may haveno information at all about the subject matter other than what is in yourpaper 14 Apr 2015 - We got orders from all types of students - lazy ones who only want to find an easier way out of a messy situation, as well as really smart young people who Students have an abundance of essays and research papers to write, so there is nothing unusual in the fact that professional writers mostly deal with .
Your reader will start at thebeginning of your paper and read through to the end, picking up whateverinformation you are giving him or her and onlythat information, and only in theorder in which you present it.
You mustdo the same if you want to have any chance of getting the reader to understandwhat you are saying. Developing theability to edit your own work in this way is far more important than whateveryou may come up with as far as substance is concerned in this project.
You need to revise your work as necessary sothat it makes sense to that reader. Youdon’t stop because you have completed one, or two, or four revisions of yourpaper; you stop when it is clear to the reader.
If that takes five, or fifteen, revisions, that’s what it takes. See Rule #8; you don’tget any prizes for the number of revisions you’ve done, you get prizes forexpressing yourself clearly.
Please: If you are handingsomething in on Thursday afternoon,do not print it out and read it overon Thursday morning; leave yourself time for a final round ofrevisions before you hand it in. Everything – every word,every bit of punctuation, every decision to begin a paragraph in one placeinstead of another.
That’s probably not true inevery field; it’s true, though, in the law. When Robert Frost’s Collected Poems was originally published, it contained these lines(in “Stopping by the Woods on a Snowy Evening”): ButI have promises to keep Andmiles to go before I sleep Andmiles to go before I sleep.
” ButI have promises to keep Andmiles to go before I sleep Andmiles to go before I sleep. ” We are not poets, and the texts we read and write aslawyers are, heaven knows, not poetry.
The CopyrightAct of 1874 granted copyright protection to “any engraving, cut, print, or .
” It also provided that “in the construction of the act the words‘engraving,’ ‘cut,’ and ‘print’ shall be applied only to pictorialillustrations or works connected to the fine arts.
” Question: ifsomething is a “pictorial illustration” that is not “connected to the finearts,” is it protected by copyright? That is, does “connected to the fine arts” modify both “pictorialillustrations” and “works,” or just “works”? Co Only occasionally do students do anywhere close to the amount of research in the case law that is required for a good paper, however, where the law is – not in the In the best of all possible worlds, you would write two papers: The first would be the one you need to write in order to figure out the answer to your question..
Do not say “As the Internet grew, new commercialuses were found,” say “As the Internet grew, users found new commercial uses.
” Do not say “The 5-steptest for determining likelihood of confusion under the Lanham Act was crafted bythe court”; tell the reader whocrafted it (“The Eighth Circuit crafted the 5-step test for determininglikelihood of confusion under the Lanham Act”). Do not say“Where there is no general jurisdiction, the possibility of specificjurisdiction must be examined,” say “Where there is no general jurisdiction,the court must examine the possibility of specific jurisdiction.
” Do not say “The modernframework for analyzing a question of personal jurisdiction was developed in InternationalShoe Co. 310 (1945), say “The Supreme Courtdeveloped the modern framework for analyzing questions of personal jurisdictionin International Shoe Co. ” actoris who is performing the action described in your sentences.
You may, if you wish, treat this as just anotherarbitrary grammatical rule to be followed by rote – like “don’t end a sentence witha preposition,” or “don’t split infinitives. ” In other words: Just rewritingyour sentences to eliminate uses of the passive voice will help you think.
Here’s an example from a draft paper Ireceived a while ago: was authorized to demand paymentfor the broadcast of copyrighted works. ” Where? In a statute? What statute? Or was it acourt? Someadministrative agency? The CityCouncil? As it turns out, that’sa very difficult, and a very interesting and important, question. I would wager that the author of thissentence didn’t know the answer, and s/he was hidingbehind the passive voice to obscure that lack of knowledge.
We all do this, all the time,and we shouldn’t; eliminating the passive voice from our writing will help usavoid it.
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Do not tell me what you think astatutory section means until you have given me the actual language in thestatute; do not tell me what you think a court meant until you first tell mewhat it said Legal research paper - If you want to know how to make a top-notch research paper, you have to learn this Let specialists do their responsibilities: get the. Seminar papers are traditionally similar in style students throughout the law schools in India. If you like them, please free to order your personal custom research paper..
If the statutory language (orcourt’s opinion) is clear, then it’s clear and nothing more need be said.
If it needs explanation and interpretation(as it almost always does), explain and interpret – after you tell mewhat the words are that you are explaining and interpreting. I don’t want to know your opinion about thestatute or the case – I want to know (a) what it says, and (b) what itmeans.
” Do not use the words “clearly,” or“obviously,” or “undoubtedly,” as in “the statute clearly authorizes .
,”or “the Feist opinion obviouslychanges copyright law in important ways.
” If it is clear, or obvious, or free from doubt, then there if no need tosay that – the reader will already see it because you have made it clear. Ninety-nine times out of 100, you usethese words or phrases as crutches, to obscure the fact that you have not made something clear, or obvious,when you should have.
If you are talking aboutgeneral and specific jurisdiction, and one paragraph begins, “In order forthere to be general jurisdiction, the defendant must have .
Tips for writing good legal research papers and essays
Wordsor phrases like “Moreover,” “In addition,” “Furthermore,” “As such,”“Notwithstanding,” are sometimesuseful, but rarely; most of the time they get people into trouble.
They tend to be insertedwhen the logical transition between your sentences makes no sense; if you havetwo sentences that do not belong together, throwing in an “In addition” at thebeginning of the second sentence will nothelp. Watch out for “as explainedbelow” and “as explained above.
” These are signals that your work is not yetproperly organized. What is a readersupposed to do when he/she encounters “as explained below” in a paper? Stop reading and go “below” to wherever youexplain what needs to be explained? Ifsomething needs to be explained now, explain it now.
Always remember: readers read from left toright; do not make the reader’s understanding of something depend on somethingthat you say later.