Many law students are required to take first-year writing courses. With the increased emphasis in legal education on practical skills training (Sullivan et al. 2007), legal writing scholars have begun exploring how these writing courses equip students with practical skills (Felsenburg and Graham 2010; Cauthen 2010). However, these scholars have not explored how summer internships serve as opportunities for students to practice the skills they gained in the classroom. Following the lead of writing studies scholars who examine the transition from classroom and workplace writing (Russell and Fisher 2009; Devitt 2004, Wardle 2004; Winsor 1990), this study explores how the genres students learned in legal writing classroom prepared them for internship writing. This study reports results from interviews of eight students who completed 15 internships during the 2014 and 2015 summers. The main findings indicate that students who performed well in the legal writing course eventually served in litigation-based internships. These students perceived a high rate of transfer from classroom to workplace writing. By contrast, students who struggled learning the legal writing classroom genres eventually accepted non-litigation internships where their writing tasks bore little resemblance to those of the classroom. Tellingly, both groups of students were not trained or mentored on how to write during internships because they were expected to be strong writers already. Therefore, these findings suggest that legal writing scholars need to better prepare students who are not pursuing litigation careers or who accept non-litigation internships. This support is vital because students' future internship and career options were deeply connected to their performance in the legal writing course.

This thesis discusses the benefits of using plain language in legal documents and the role technical communicators can play to help implement plain language. Although many definitions for plain language exist, it is best described as reader-focused communication that presents information in a manner that makes it easy for a reader to find, understand, and use the information. Plain language facilitates comprehension by using shorter, less complex sentences; active voice; and common words. All these elements aid in processing and understanding information, especially unfamiliar concepts. Laypeople, unversed in the law, frequently have difficulty understanding traditional legal writing. The complex sentences, wordiness, and redundancy that characterize traditional legal writing often inhibit comprehension and become barriers to understanding. To demonstrate how plain language can improve legal writing, this thesis reviews before-and-after versions of documents that were revised to incorporate plain language as well as common documents that laypeople might encounter. The studies and research discussed in this thesis demonstrate that readers achieve greater comprehension with plain language documents. Technical communicators, the language experts, can work with legal professionals, the content experts, to help encourage plain language use in legal writing. By emphasizing plain language use in legal formbooks, law school courses, and continuing legal education courses, plain language will become more dominant. Technical communicators can work with governments and law firms to develop and run in-house writing programs. When organizations realize how plain language can benefit them, both economically as well as in improved consumer relations, they will be motivated to adopt plain language into their legal writing.

There is an absence of any significant written material applying standard rhetorical principles to the communication of the results of basic legal research. This study attempts to fill that void. It proceeds from a discussion on the nature of legal precedents (stare decisis) to a chapter on legal research tools and techniques which enable one to discover these precedents. It continues with an explanation of what a "legal issue" is and how one discovers it among various facts relevant to a case, but not necessarily vital to it. The balance of this thesis concisely details the adaptability of traditional rhetorical techniques to legal writing, then pragmatically concludes by suggesting how one can prepare an appellate brief by combining this two-fold principle, which is both academic and legal.

Traditional legal education is sorely imbalanced. A law student receives rigorous training in legal doctrine and analytical skills—he learns to "think like a lawyer"—but is left with little training in practical skills or his ethical role in society. Moreover, law schools rely almost exclusively on the ineffectual pedagogy of the case-dialogue, or "Socratic," method. Several factors explain this entrenched imbalance, most notably the academy's top-down power structure and its budget constraints. Increasingly, however, the marketplace is demanding practice-ready lawyers who have strong training not only in doctrine but in practical skills and ethics. Law schools, responding to this market pressure, are beginning to implement pedagogies that foster this balanced legal training. Toward this end, I advocate implementing into law school curricula three specific, workable pedagogies: using group learning models, using writing as a learning tool, and using assessment as a formative and ongoing component of the learning process.

The aim of this thesis is to improve the formal aspects of the Czech case briefs. The formal aspect represents the language, syntax and overall style of writing of case briefs written by lawyers. In the Czech Republic, the legal aspect is neglected. There is no professional literature dealing with this issue. The consequence of such an approach are then very confusing, stylistically poor-quality texts. Since I could not use any legal books when writing my thesis, I had to draw inspiration from other disciplines (linguistic, journalism, psychology and creative writing). I had to then apply this knowledge to the specific environment of legal writing in my thesis, namely on the case briefs. Fortunately, this legal issue is well mapped in the USA, so I also draw my inspiration from the American professional literature dealing with this issue. The thesis is divided into four chapters. In the first chapter, I focused on what do the typical Czech case briefs look like, what are their formal shortcomings and how to correct them. In the second chapter, I tried to figure out the factors that influence the style of the Czech case briefs. The third chapter is inspired by the American briefs. Of course not everything can be applied to the Czech environment. The reason for that is the difference in the legal...

Passed in May 19, 1977, House Bill no.92 of the 99th General Assembly provides ongoing funding from Washington County, Tennessee for the establishment and maintenance of the Washington County Cooperative Law Library. Located in East Tennessee State University's Sherrod Library, the Cooperative Law Collection provides an openly accessible and free law library to the citizens of Northeast Tennessee.

To provide safety to domestic violence victims, law reform efforts provided victims with a civil remedy in which a judge orders the abuser to stay away from the victim. The research uses 1 rural county judicial system data to evaluate protective orders. Findings indicate that 42% of petitions are dismissed by petitioner's request or failure to prosecute. Moreover, court fees are not recouped in 79% of the cases. Logistic regression analysis indicate that an intimate relationship between the parties and payment of court costs by petitioner increased the probability of dismissal of petition upon petitioner's request; use of a gun and request to protect children increases the probability of applying the Brady Act; stalking and the issuance of the order of protection without social contact increased the probability of violations.

Law schools are criticized for graduating students who lack the skills necessary to practice law. Legal research is a foundational ability necessary to support lawyering competency. The American Bar Association (ABA) establishes standards for legal education that include a requirement that each law student receive substantial instruction in legal skills, including legal research. Despite the recognized importance of legal research in legal education, there is no consensus of what to teach as part of a legal research course or even how to teach such a course. Legal educators struggle to address these issues. The practicing bar and judiciary have expressed concerns about law school graduates ability to conduct legal research. Studies have been conducted detailing the poor research ability of law students and their lack of skills. Although deficiencies in law student research skills have been identified, there is no agreement as to how to remediate these deficiencies. This dissertation suggests the legal research resources that should be taught in law schools by identifying the research resources used by practicing attorneys and comparing them to those resources currently included in legal research instruction at the 202 ABA-accredited law schools. Multiple data sources were used in this study. Practitioner resource information was based on data provided by practicing attorneys responding to the 2013 ABA Legal Technology Survey. Resources taught in ABA-accredited law schools were identified through three sources: a 2014 law school legal research survey sent to the 202 ABA-accredited law schools, a review of law school syllabi from ABA-accredited law school legal research and legal research and writing courses, and the Association of Legal Writing Directors 2013 annual survey of legal research and writing faculty. The combined data from these three sources were compared to the resources used by practicing lawyers identified in the annual national 2013 ABA Legal Technology Survey. This comparison of what is taught with what is used in practice identifies a deficiency in law school instruction in the research resources used by practicing attorneys. These survey results detail distinct areas of inadequate instruction in legal research resources and provide legal educators with detailed information necessary to develop a curriculum that will result in graduating students with practice-ready competencies.

This thesis examines the role that scholarly digests and commentaries played in the formation of legal rules in the Muslim legal institution known as the madhhab. I posit that a shared approach to legal rule-determination, and the respect of juristic precedent that it entails, underlies the jurisprudential processes of all of the four post-classical Sunni madhhabs (the Ḥanafī, Mālikī, Shāfi'ī, and Ḥanbalī), and unites them in a wider ‘madhhab-law tradition’. Taking the Ḥanafī madhhab as a case study, the thesis analyses a commentary written by the late Mamluk jurist Ibn Quṭlūbughā (d. 879/1474) upon the digest of the celebrated Abbasid-era Abū al-Ḥusayn al-Qudūrī (d. 428/1037). In discussing the madhhab's heritage of precedent, Ibn Quṭlūbughā's commentary weaves an intricate tapestry of quotations and references from previous jurists and works, providing us with insight into how author-scholars reacted to, and interacted with, other jurists over space and time. Chapter 1 provides a short introduction to the lives of Qudūrī and Ibn Quṭlūbughā, and the contexts within which they produced their works. Chapter 2 employs both quantitative and qualitative analysis of the commentary, in order to deduce historical and geographical patterns out of which a periodisation of rule-determination in the Ḥanafī madhhab is proposed. In Chapter 3, Ibn Quṭlūbughā's jurisprudential theory of rule-determination is studied, examining both the justifications and the processes employed by jurists in arriving at a legal rule in the Ḥanafī madhhab. Chapter 4 then turns to the craft of commentary itself, analysing over eighty case examples for the logical relationships, rhetorical devices, and legal arguments that inform the actual practice of rule-determination through commentary. A final chapter then summarises the conclusions, and situates them within a broader discussion as to the nature of the madhhab-law tradition.

The criminal justice process is dependent on accurate documentation. Criminal justice professionals can spend 50-75% of their time writing administrative and research reports. Report Writing for Criminal Justice Professionals, Fifth Edition provides practical guidance--with specific writing samples and guidelines--for providing strong reports. Much of the legal process depends on careful documentation and the crucial information that lies within, but most law enforcement, security, corrections, and probation and parole officers have not had adequate training in how to provide well-written, accurate, brief, and complete reports. Report Writing for Criminal Justice Professionals covers everything officers need to learn--from basic English grammar to the difficult but often-ignored problem of creating documentation that will hold up in court. This new edition is updated to include timely information, including extensive coverage of digital reporting, updates on legal issues and privacy rights, and expanded coverage of forensics and scientific reporting. / https://dc.etsu.edu/etsu_books/1014/thumbnail.jpg