Encyclopedias; collections of annotated cases.
Jurisdiction | United States |
Section 61. Encyclopedias; collections of annotated cases.—It is not belittling the value of encyclopedias or of the several collections of annotated cases to urge that they should be used primarily to orient the lawyer in unfamiliar fields of law, or to supply him with citations to cases and with leads for further research—but that they should not generally be relied upon or cited as authorities. A proper exception would be in situations where law libraries are limited or generally inaccessible. Normally—and certainly before the Supreme Court of the United States or any other...
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- Introductory.
- The basic precepts.
- Write the Statement of Facts first.
- How to go about writing the Statement of Facts.
- Steps after completing the index of testimony.
- Final revision of
- Think before you write the argument.
- Never let the other side write your brief.
- Research; some general considerations.
- Evaluation of decided cases.
- The case in point.
- When there is no case in point.
- Use of analogies.
- Handling authorities apparently against you.
- Use of dissenting and concurring opinions.
- Briefs filed in earlier cases involving the same or related questions.
- Statutory analysis.
- Legislative history.
- Administrative materials.
- Use of essentially historical materials.
- Use of noncase materials.
- Encyclopedias; collections of annotated cases.
- Use of law review materials.
- The next step in brief-writing.
- Write consecutively.
- Write the Summary of Argument last of all.
- Finally, check!
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