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7 Books You Need to Read for Legal Drafting

May 17th, 2016 Comments off

books legalThe matter of legal drafting is a strongly composed method of writing, which can be quite scary for a person who have never dealt with it. The initial stage of writing a legal document is understanding its context. It includes learning the language applied in legal hearing, and the names of legal scholars and attorneys in every court case. When unfamiliar with the law sphere, a law dictionary is the first book of choice.

Here are a few legal drafting books, that will help you to excel in the legal drafting process.

  • Merriam-Webster’s Dictionary of Law (2011). This is a convenient and extensive guide to the language of law. It can be useful for both novice writers and the legal professionals. The dictionary includes more than 10,000 articles, as well as pronunciations and quotations.

 

  • Black’s Law Dictionary (2009). The most widely cited law book. With more than 45,000 articles, including new terms, it is considered to be the gold standard for the language of law.
  • Legal Writing in a Nutshell by Lynn Bahrych (2009). This is the lawyer’s handbook for writing more efficiently, plainly and precisely. The book provides keys to writing briefs and legal memoranda, creating clear and concise sentences, accurate use of legal language and grammar, and to convincing writing. It also describes methods for analysing and improving an individual writing style, as well as samples of briefs and legal memoranda to illustrate effective techniques.
  • Legal Writing Handbook: Analysis, Research, and Writing by Anne Enquist and Laurel Currie Oates. The book focuses on the key components of the legal writing: research, writing and analysis. With its comprehensive approach, the book is extremely popular among the law students and professors. Besides, it offers advice on how to avoid procrastination and other writing barriers.
  • Legal Writing by Sheila Simon and Richard K. Neumann (2011). This friendly book provides a brief yet complete coverage of appellate briefs, motion memos and office memos. An informal style teaches through the process of writing and the use of storytelling and policy to build an argument.
  • The Redbook: A Manual on Legal Style by Bryan A. Garner, Jeff Newman, and Tiger Jackson (2006). The book includes an extensive guide to essential rules of legal writing. It focuses on the particular needs of legal writers and answers the questions about grammar and style. It gives authoritative and detailed advice on spelling, punctuation, footnotes, citations and capitalisation, with illustrations in legal context. It describes how legal writing differs from other styles of writing.
  • Legal Writing: A Systematic Approach by Diana Pratt (2004). The book is written for law students. Each step of the writing process is introduced separately, so students could master each skill before taking another one. The book includes an introduction to the law, the basic office memorandum, legal analysis, a brief to the trial court, appellate and oral advocacy.

Legal writing could be challenging for newcomers, as well as for the experienced writers. However, scholars publish legal drafting books and writing guides to support new legal writers, so they know where to start, and advanced ones helping them to polish their work.

Legal Pleading Guide of a Prime Lawyer

May 17th, 2016 Comments off

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A legal pleading is a formally written statement, which is filed in a civil action. It can run a claim against another person, or it can be an answer to a claim. It also serves as a notification to the judge in a current case that judicial intervention is needed. Legal pleading can be difficult to draft if you are not familiar with such forms. However, there are some starting points to begin with and, so, we begin our legal pleading guide.

Learning the Requirements

First, find a pleading form. Some courts have blanks, so, check if your court has one. You should also learn the local rules about formatting the pleading. An example of a pleading, which has been filed earlier, could help you during the formatting. If you can’t find any information about it, ask the court’s clerk.

Knowing the Issues and Facts

Your client’s position can be stronger, when you collect as much background information as possible before filing suit. By making a written request you can obtain information and records from parties other, than your potential defendant. In some cases a written permission from your client is needed. For medical records you should comply with privacy standards of Health Insurance Portability and Accountability Act. In case facts critical to the complaint cannot be collected informally, a writ of summons should be filed and formal discovery should be taken.

Identifying  the Parties

A pleading has to clearly identify the parties. You should avoid missing or misidentifying anyone. Therefore, after a careful review of your materials, make clear determinations of the plaintiff and the defendant. A claim can be brought by a real party concerned. Persons or institutions, which can be sued, are specified by jurisdictional law and under the rules of civil procedure. Jurisdictions may have specific rules concerning who may sue and be sued in claims by or against a minor, a state or commonwealth, an incompetent, a partnership, a political subdivision, a corporation or an unincorporated association.

For clarity in the pleading, each party must be identified by name, position or businesses of the individual, and his or her current or last-known address.

Formatting the Pleading

The content of the claim depends on the particular elements and facts of the cause of action. Most rules require just a brief statement of the case to notify the defendant about the issues of the case as well as what the plaintiff is tending to prove.

Each claim against each party should be included in a separate count. It is not mandatory to repeat each factual statement in each count. Prior facts can be incorporated by reference.

If the case involves fraudulent activity, all details of the supposed fraud must be provided. Complaints under the Racketeer Influenced and Corrupt Organization Act must unequivocally provide information on the acts necessary to appeal a RICO claim.

Hopefully this legal pleading guide will serve you as viable memo for your future law practice. Don’t forget to use a relevant form and complete the captions as required by relevant law. Sign your pleading after the body of the document, type your full name and put the date.

Legal Career and Social Networks or Why Twitter Should Be Taught in Law School

May 17th, 2016 Comments off

legal pleading guide

Believe it or not, but the truth is that writing for some internet audiences on the successful platforms like Facebook or Twitter is one of the skills that may give the lawyers an opportunity to benefit from various career advantages. That is why it’s a great idea for the law schools is to give more attention to the legal education with the use of the social networks.

As stated by the Law instructors, a bunch of law professors have succeeded in teaching future lawyers to write specially for the public audience. However, nowadays legal education still has a lack of perfectly developed pedagogy on how law students can develop essential skills in order to write for internet audiences as effectively as they can.

The problem is that legal writing textbooks never address this type of writing. For law students, having excellent skills in public legal writing will be a huge advantage over the ones, who cannot boast of having those capacities. Without a doubt, public legal writing must be taken into consideration as an amazing addition for the curriculum of every law school.

The instructors of the law schools insist that nowadays is the right time to bring scholarly attention to the legal writing: tweets, interesting blog posts and the rest of the social media writing that a bunch of lawyers already produce and that a lot of other people would choose producing if they has skills and time to cope with it.

When the question is about Twitter and its benefits for the law students, it gives them an opportunity to meet new people directly. Of course, you won’t be able to have a face-to-face conversation with every famous individual that you wish to be introduced to. However, Twitter is your chance to meet people, who have the same interests. To add more, those people will also get a chance to reach out to you.

Meeting new people through their work is the other advantage of Twitter in law school classes. Thus, students will get a chance to surround themselves with helpful and interesting individuals, who are engaged in the same work that they will eventually be eager to do. In contrast to the networks like LinkedIn and Facebook, Twitter gives you an opportunity to ‘follow’ anyone you would like to hear from. Let’s say you’re passionate about a certain type of law that is not common for the mates in your law school. That is why it is a great idea to know more about Twitter and find people with the same interests. They actively Tweet about what they like and will be glad to encourage you to do the same thing effectively.

Through studying not only legal writing but the other sorts of public writing as well, law students will have a unique chance to build their proficient knowledge and get the skills in a rhetorical practice. They can easily build upon what they know already on traditional legal writing and become stronger when dealing with the Twitter activities.

When Twitter will be included into the curricula of the law schools, the students will be able to get the skills they are in need of to contribute to the studying process and to be linked to the outer world of professionals

Sample Essay on Geneva Conventions

May 17th, 2016 Comments off

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Geneva Conventions are international agreements, concluded between 1864 and 1949. They include four treaties and three additional protocols which set the standards of international law for ameliorating the effects of war on soldiers, prisoners of war and civilians.

In 1864 twelve European nations signed an agreement, which stated that during future wars they should care for all wounded and sick militaries on land regardless of nationality. The neutrality of medical personnel was recognised as well. The agreement was called the Geneva Convention, which concerned only militaries wounded on the battlefield. Later it was expanded to cover every person caught up in conflicts.In 1949 four Geneva Conventions were composed, which covered armed forces, prisoners of war, and civilians. The Second Convention covered the sick, wounded and shipwrecked militaries at sea during war. The third one referred to prisoners of war claiming that they should be released and repatriated after the termination of active hostilities. The Fourth Geneva Convention ensured civilians protection.In 1977 two additional protocols were signed at a diplomatic conference. The First Protocol concerned international conflicts, the Second one covered non-international conflicts. In 2005 the Third Protocol was added to the Convention. It regarded the additional distinctive emblems.

The main points of the Geneva Conventions are the following:

The wounded, sick and shipwrecked individuals have to be cared for adequately. All efforts should be directed to quickly collecting the dead. Death must be confirmed by medical examination. Bodies have to be identified and protected from robbery. Medical equipment must not be destroyed intentionally, medical buildings and vehicles must not be damaged and prevented from being operated or attacked even if they do not contain patients.

The surrendering soldiers are entitled to respect for their integrity and lives, so they should not be injured or killed. The sick and wounded have to be cared for by the controlling force, the emblem of the red cross, red crystal and red crescent has to be respected.

Captured militaries are entitled to respect for their dignity, lives, convictions and personal rights. They must be protected, also they have the right to receive assistance.

No punishment can be held without trial, no one must be subjected to mental or physical torment, as well as degrading or cruel treatment.

Parties of a conflict and their armed forces members cannot use all means and methods of war. It is prohibited to apply methods or weapons of a tendency to cause excessive suffering or unnecessary losses. The parties of the conflict have to distinguish between the combatants and civilian population and respect civilian population and property.

Today all Geneva Conventions are accepted by every state in the world. The Conventions with their 159 articles are complicated and long. However, they protect helpless and vulnerable persons.

References:

  1. Abresch, William. A Human Rights Law of Internal Armed Conflict: The European Court of Human Rights in Chechnya. European Journal of International Law 16 (4), 2005.
  2. Bugnion, Francios. The Geneva Conventions of 12 August 1949: From the 1949 Diplomatic Conference to the Dawn of the New Millennium. International Affairs (Royal Institute of International Affairs 1944) 76: 41–51, 2000.
  3. David P. Forsythe. The International Committee of the Red Cross: A Neutral Humanitarian Actor. Routledge, 2007.
  4. Keylor, William R. The Twentieth Century World and Beyond. Oxford University Press, New York, 2011.
  5. Khouri, Rami. International Law, Torture and Accountability. Belfer Center for Science and International Affairs, Harvard University, 2009.
  6. Kolb, Robert. Ius in bello. Basel: Helbing Lichtenhahn, 2009.
  7. Sixty years of the Geneva Conventions and the decades ahead. International Committee of the Red Cross, 2009.

What Had Happened in Ferguson Sample Essay

May 17th, 2016 Comments off

what had happened

The city of Ferguson that is located in the state of Missouri has become a real flashpoint for massive protests. The latter were caused by the killing of a black teen by a white policeman a year earlier. It is necessary to mention that during the conflict the teenager was unarmed.

According to the most recent data, the death of Michael Brown was not the only case. As revealed by the justice department investigation, there were many alleged racial bias in the policemen force. Only a couple of days after the report was presented by the justice department representatives, two policemen were injured and shot. Later, a man was injured during the gunfire exchange with the policemen. The gunfire was the result of the rally that marked the anniversary of the death of a black teenager.

So, the question is what are the reasons that stand behind the protests? According to the words of the protestants, their demonstrations are calling for more eligible actions to be taken after the federal report release. The police force of the city of Ferguson had faced strict criticism after the Michael Brown’s death in 2014, leading to several resignations of the police officers. While the very first demonstration point was concentrated in Ferguson only, it has finally reached the other cities in the USA in November, after the court decided not to charge the policeman Darren Wilson over the murder. The demonstrators consider the case exclusively in terms of brutality of the police forces and racism since Michael Brown was black and Darren Wilson is white. After the justice department report was released, the authorities of the United States vowed to reform the local police forces.

So, what exactly happened in 2014? Even though the exact details remain uncertain and are still being disputed by the police representatives, family members and people, who had witnessed the tragedy, there are some facts that are already known. On August 9, Darren Wilson was driving the policemen car. Around midday he encountered the teen and a pal walking down a street. In several minutes Michael Brown was dead. According to the prosecutor Bob McCulloch, Mr Brown had at least seven gunshot wounds. The body of the boy lay in the place, where he was killed for almost four hours before it was taken away. The police officer had fired 12 bullets; however, the investigators were uncertain about how many of them struck the boy.

In November, the grand jury of St. Louis County failed to find proper evidence that would be enough to charge Darren Wilson. The panel of jurors comprised 12 individuals, who were selected at random. Three of them were white women, the other six people were white men, while there were only two black women and one black man.

One year after the teen was killed, a man was shot and severely injured when fighting with police officers during the protest rally that was organized to mark one year anniversary of Michael Brown’s death. According to the recent news, the local justice department will be on the lookout for possible changes in the police force of the city of Ferguson, as well as its court system.

“In Ferguson, Black Town, White Power” (The New York Times, August 18, 014).

  • “Frustration in Ferguson” (The New York Times, August 18, 2014)
  • “Grief and Protests Follow Shooting of a Teenager” (The New York Times, August 10, 2014).
  • Yamiche Alcindor, Looting, tear gas shatter period of calm in Ferguson, USA Today, August 19, 2014.
  • “Ferguson Under Siege: Why Michael Brown’s Murder And Nationwide Police Brutality Is The Tipping Point For Revolution” (Vibe, August 14, 2014).
  • “Ferguson Images Evoke Civil Rights Era and Changing Visual Perceptions” (The New York Times, August 14, 2014).
  • “Before Ferguson: Deaths of other black men at hands of police” (Los Angeles Times, August 13, 2014).

Sample Essay on History of International Law Enforcement

May 17th, 2016 Comments off

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International law enforcement treats police actions, which regard jurisdictions or individuals of more than one nation. The process of the internationalisation of law enforcement started in nineteenth century with the increase of the internationalisation of crime. Over the past decades this process accelerated immensely.

In the history of international law enforcement development there have been two particular trends. First, the focus on political dissidents shifted to criminal activities. The second trend refers to a structural shift from unilateral operations to cooperations between agencies from different nations.

The first attempt to create an international law enforcement organisation was undertaken in 1851. The Police Union of German States included agencies from seven German-speaking nations, which had political objectives to protect autocratic regimes.

In 1914 the government of Monaco launched an International Criminal Police Congress that was strictly directed to criminal violations. Nine years later the the International Criminal Police Commission, the forerunner of today’s Interpol, was created in Europe. It was independently organised by police officials to contribute cooperation in the international crime policing while political violations were excluded.

However, despite a growing cooperation among police, a national orientation remains among law enforcement in three ways: 1) there is a privilege among agencies to pursue operations unilaterally without the foreign authorities; 2) cooperation between foreign agencies is often undertaken on a temporary basis; 3) international law enforcement does not provide the creation of a supranational agency, it involves a cooperative structure among police agencies from different nations.

Agencies in the United States are involved in unilateral interstate law enforcement operations because of concerns about unprofessionalism and corruption as well as a historic distrust in foreign agencies. The United States have a predominant role in international police activities while American law enforcement agencies are more active in international activities. Those agencies include the Federal Bureau of Investigation, the Bureau of Diplomatic Security, the Department of Homeland Security, and the Drug Enforcement Agency.

Among international law enforcement cooperation the major organisations are Interpol and Europol. Interpol, or the International Criminal Police Organisation, has member agencies from 186 countries. This non governmental organisation has an observer status at the United Nations, as well as cooperation agreements with Europol and other legal and police organisations.

Europol, the European Police Office, promotes cooperation among law enforcement agencies in Europe, when policing significant international crimes. Its operations are limited to organised crime activities, like corruption, terrorism, human, drug and vehicle trafficking, cyber-crimes. Europol is overseen by the EU Council, the European Management Board, and a joint supervisory board.

Nowadays, multilateral organisations like Europol and Interpol operate as the basis of information exchange and cooperation among law enforcement agencies all over the world. Such cooperation occurs among nations with different legal and political frameworks because of its non-political nature, the bureaucratic autonomy of law enforcement, and understanding of crime among the law enforcement professionals. Therefore, crimes, which cross national jurisdictions, such as international terrorism, the drug trade, border crimes, can be effectively investigated through the law enforcement cooperation.

References:

  1. Andreas, P. and E. Nadelmann. Policing the globe. New York: Oxford University Press, 2006.
  2. Casey, J. Policing the world: The practice of international and transnational policing. Durham, NC: Carolina Academic Press, 2010.
  3. Das, D.K. and P.C. Kratcoski, eds. Meeting the challenges of global terrorism: prevention, control, and recovery. Lanham, MD: Lexington Books, 2003.
  4. Bayer, M.D. Operation global pursuit: in pursuit of the world’s most dangerous fugitives and terrorists. The Police Chief 72(8), 32-37, 2005.
  5. Bayer, M.D. The Blue Planet: Informal international police networks and national intelligence. Washington, DC: NDIC press, 2010.
  6. Deflem, M. Policing world society: Historical foundations of international police cooperation. Oxford: Oxford University Press, 2002.
  7. Martha, R.S.J. The Legal Foundations of Interpol. Oxford, UK: Hart, 2010.

Sample Essay on Lawsuits as the Next Frontier of Environmental Change

April 19th, 2016 Comments off

sample essay on lawsuits as the next frontier of environmental change

Climate change is more often discussed not as an abstract threat but a real issue. Extreme weather events like hurricanes and typhoons, floods, wildfires, habitat change, industry stress and diseases break out in new areas. In 2010 material damage caused by climate change has been estimated to $591 billion. The experts inform that the number will increase in the coming years. Such significant costs cause the issue of liability and compensation.

Companies responsible for large-scale greenhouse gases emanation might be responsible for material damage associated with climate change. This idea  is not new. A few lawsuits claiming compensation for climate change damages have been led in the United States. These cases have encountered some problems, however, climate damages litigations attract more and more attention.

The experts assume that lawsuits will be brought in home countries of greenhouse gas emitters. Still, climate change is a global problem since emissions originate in every country and their effects are spread all over the world.

This raises the possibility of transnational litigation involving a victim suing greenhouse gas emitters in his or her own country, even if the emitters originate from other countries. Transnational litigation implies interrelated and complex questions about jurisdiction, choice of law, recognition and enforcement.

The courts of the country where an illegal act took place have jurisdiction over indemnity for the harm. In the case of climate change, it should not be admitted that the illegal act took place in the country of the emitter, as the emissions caused damages together with global emissions. Climate damages claims should be brought in countries where the harm is done.

After asserting jurisdiction, it is necessary to regard which country’s laws should be applied. It is logical to suppose that the court applies the laws of its country. However, in transnational litigation, foreign laws might be practised. In many countries the law of the location where the illegal act took place is applied. Still, concerning climate damages, there is a real question as to where the illegal act took place.

Greenhouse gas emitters might presume that damage decree pronounced by courts in countries where they have no assets are quite safe. In many countries, however, if a court in a foreign jurisdiction pronounces damage decree, the legal decision is acknowledged as a debt and is recovered. Concerning the other aspects, whether and how this occurs depends on the laws of the country. Still, such possibility has serious implications for greenhouse gas emitters in developed countries, since it might expose them to lawsuits anywhere all over the world.

Climate damages lawsuits have a global potential. Litigations can be brought in different countries, then enforced in other countries where greenhouse gas emitters have their assets. As a result, such companies experience significant financial and legal risks.

Climate change is increasingly causing serious damage around the world leading to requests for compensation. These requests will be addressed through climate damages litigations. Major greenhouse gas emitters and their shareholders can avoid such risk by reducing their emanations, which requires rejection of fossil fuels, as well as concluding new international agreements about compensation demands, climate liability and emanation reductions in extensive ways.

References:

  1. David Hunter and James Salzman. Negligence in the Air: The Duty of Care in Climate Change Litigation. 155 U. Pennsylvania Law Review 1741, 2007
  2. Jim Hansen. The Threat to the Planet. The New York Review 12, July 13, 2006.
  3. Fankhauser, S. A Practitioner’s Guide to a Low-Carbon Economy: Lessons from the UK. Climate Policy, 13(3), 2013.
  4. Gary Bryner, The Rapid Evolution of Climate Change Law 20. Utah Bar Journal 22, March/April 2007.
  5. Mary Christina Wood. Atmospheric Trust Litigation. 2007
  6. Nachmany M., Fankhauser, S., Townshend, T., Collins, M., Landesman, T., Matthews, A., Pavese, C., Rietig, K., Schleifer, P., Setzer, J. The GLOBE Climate Legislation Study – A Review of Climate Change Legislation in 66 Countries. London: GLOBE International and the Grantham Research Institute, London School of Economics, 2014.
  7. Townshend, T., Fankhauser, S., Matthews, A., Feger, C., Liu, J., and Narciso, T. Legislating Climate Change at the National Level. Environment, 53(5), 2011.

10 Criminology Topics for Your Essay on Law

April 19th, 2016 Comments off

10 criminology topics for your essay on lawCriminology handles nature, causes, control and consequences of criminal behavior. Today the necessity of this science is extremely important, while the level of crime is rising immensely all over the world. For many scientists the explanation of human behavior has become a top priority.

A wealthy socio-historical experience of the mankind in the past affords a good opportunity for appropriate comprehension of modern criminology and the issues solved by this branch of knowledge. This science had different factors that made an impact on its development providing enough information for a better comprehension of criminology and its opportunities.

Before starting to write a criminology essay, a writer should ensure first that he or she understands the question of the assignment. A good criminology essay addresses its question throughout. At the same time it demonstrates a structured answer. Key phrases enable a writer to understand how he or she should develop the answer’s construction. For example, if the concept of penal welfare should be described, an account of the concept should be provided. If the concept of penal welfare should be criticized, strengths and weaknesses of the concept should be assessed, and a value judgement should be performed.

When a student has to write a research paper on criminology, he or she needs to find a topic that is relevant. Here are ideas about appropriate criminology essay topics to discuss.

  1. Cyberterrorism in the US. Cyberterrorism includes a range of malevolent computer-based activity. Some experts claim, a set of standards for securing databases and networks must be set up. Such standards must be accepted by organizations, individuals and government.
  1. Female Domestic Violence Offenders. Female domestic violence offenders are usually disregarded in theory and research. In fact females fall victim to the high incidence of domestic violence crime.
  1. The Ponzi Scheme: New Successors. Charles Ponzi created his infamous scheme a hundred years ago. However, this method of using incoming investments to pay the old investors is still alive. Today money lost from Ponzi schemes in the US is as high as from shoplifting.
  1. Human Trafficking in the USA. Human trafficking may seem like a distant problem to US citizens, while few can hear about it on TV. But recent cases of human trafficking in Maryland and northern Virginia provide an alarm signal.
  1. The Global Weapons Epidemic. The number of skirmishes in the United States is increasing every year. Should the government put more restrictions on gun use and ownership?
  1. The Issue of Underground Child Labor in Cuba. In spite of the fact that child labor is prohibited in most countries, lots of kids work hard in difficult conditions.
  1. The Phenomenon of Torture. In the modern world torture is a prevailing human rights crime. It is practiced in one hundred countries, including the US.
  1. Abuse and Fraud in Nonprofit Organizations. The most famous fraud schemes performed against nonprofit organizations and how such schemes could be detected and prevented.
  1. The Music Industry’s War on Piracy. Is music property? Is downloading music a crime? What penalties for unauthorized borrowing are used by the musicians?
  1. Benefits and Costs of Preventing Crime. What are the cost savings from preventing a robbery, burglary, or assault? Who benefits from such savings?

Above are just a few of many criminology essay topics. Remember that it’s better to choose a topic that is relevant and interesting. Make sure you can collect enough information on the topic to do a solid research. You are going to show a thesis statement to the reader and prove why you believe your statement.

How to Write a Legal Memorandum: The Complete Guide

April 19th, 2016 Comments off

how to write a legal memorandum  the complete guideThe purpose of a legal memorandum is to explore a juridical issue and give an impartial assessment on that issue. It is used to develop approaches and to announce arguments. This document explains a particular field of law, analyses given fact model and gives recommendations about a course of action on the basis of the analysis.

Each legal issue has its own specifications, therefore an essential part of knowing how to write a legal memorandum is minding, every one of them is organised in a distinct way. It’s not a good idea to blindly follow a sample memorandum. The writer should focus on learning the document’s general components and structure instead, apply them to his or her research work in the most effective way for the specific problem.

A legal memorandum is a strictly structured type of writing, which follows definite conventions. It consists of certain standard elements, which are described below.

Heading

The heading identifies its author and the memorandum’s recipient. It also includes date, subject essence and client identification as well.

Summary of the Facts

This portion lists facts which are relevant to the subject. Those are the facts which the author has relied upon while researching and preparing the document. If assumptions have been made, they should be indicated. The facts should be stated clearly and objectively in chronological order. Definitions must be listed to standardise nomenclature for things and persons that are referred to in the legal memorandum. This prevents confusion and inconsistency.

Brief Identification of the Juridical Issues

This section is crucial. The author should briefly define accurate legal issues within the context of the case’s facts. Legal elements, which are necessary to resolution of the issues, should be included. To be more effective the issue statement should be as descriptive and narrow as possible. If there are a few issues to be addressed, they should be listed in the order they will be discussed.

Discussion of the Law Relevant to the Issues

This is the heart of the legal memorandum. In this part a venue is provided for interpreting and analysing the law as well as applying the law to the facts. This section should be divided into separate parts for each specific legal issue displayed in the memorandum. Each part should include introduction, explanation of the corresponding juridical rule, adaptation of the rule to the juridical problem, and conclusion.

Conclusions

The law can be uncertain, which makes it hard to create a defensible conclusion. However, the purpose of the legal memorandum is to give a legible answer, so the author cannot simply claim that the law is unclear. He or she should find a practical solution to avoid such uncertainty. The author should remember that the recipient does not want to be kept in suspense. Therefore a clear, definite and responsive answer should be provided in this portion as soon as possible.

A student should think like a lawyer in order to learn how to write a legal memorandum. Hence, he or she should pay attention to details and separate his or her personal emotions from legal baselines. Research of the corresponding law is essential.

Sample Essay on the Case of O. J. Simpson

April 19th, 2016 Comments off

sample essay on the case of o. j. simpson caseOrenthal James Simpson was a football player in 1970s. Playing for Buffalo Bills and San Francisco 49ers he won the Heisman Trophy in 1968 and became one of the greatest running backs in NFL history. He still holds the record for the most single-season rushing yards per game. After retiring from football in 1979 Simpson started acting career and remained a public figure. Besides, he was a sports commentator on NBC.

In 1985 Simpson married his second wife, Nicole Brown. The pair had two children. In 1989 their marriage hit a rock, when Simpson was condemned to community service and probation after he was accused of spousal abuse. Three years after his wife filed for divorce.

On June 13, 1994 Nicole Simpson and her friend were found stabbed to death. Nicole had multiple wounds in the head and neck. The bodies were found outside of her home in Los Angeles. She was 35 years old, he was 25.

After interrogation Simpson was ordered to turn himself in to the police on June 17. The police got an all-points bulletin after he had failed to surrender himself. The same day Simpson’s lawyer, Robert Kardashian, read for the media his suicide note. In that note Simpson asked “to think of the real O.J. and not that lost person”. In the evening the former football player was arrested. The police found a fake moustache, makeup adhesive and a gun in his car.

On October 3, 1995, about 150 million people witnessed the televised verdict of the O. J. Simpson trial. For more than a year, the former football player’s case stunned the nation and prevailed in the public imagination. After an eight-month trial jury found the celebrity not guilty.

The prosecutors had incontestable DNA evidence against Simpson, such as victims’ blood traces in his vehicle and Nicole’s blood on his socks. However, the defence had technical mistakes made by the forensics team and claimed that the crime scene was contaminated casting doubt on the DNA evidence. Furthermore they used a video with Mark Fuhrman, a policeman who helped to collect the physical evidence. On that video Fuhrman made multiple racist remarks. The policeman was later accused of perjury.

At the crime scene a dark glove was found. Later the second one was recovered at Simpson’s apartment. The prosecution found DNA from the victims and from Simpson on both gloves. However, the lawyers asked him to try on those gloves which appeared to be too small for his hands. “If it doesn’t fit, you must acquit.” pronounced the lawyer Johnnie Cochran. This phrase became legendary. Prosecutors asserted that the gloves had been soaked in blood and later frozen and unfrozen a few times to be preserved.

The “Trial of the Century” ended with acquittal of Simpson. In 2008 the jury found him guilty of 10 charges, including armed robbery and kidnapping. That case had nothing to do with the murder of his ex-wife and her friend. The former NFL star was condemned to 33 years in prison.

References:

  1. Cotterill, Janet. Language and Power in Court: A Linguistic Analysis of the O. J. Simpson Trial. Basingstoke, England: Palgrave, 2002.
  2. Dear, William C. O.J. Is Guilty But Not of Murder. Dear Overseas Production, 2000.
  3. Dershowitz, Alan M. Reasonable Doubts: The Criminal Justice System and the O.J. Simpson Case. New York: Touchstone Books, 1997.
  4. Felman, Shoshana. The Juridical Unconscious: Trials and Traumas in the Twentieth Century. Cambridge, Massachusetts: Harvard University Press, 2002.
  5. Goldberg, Hank M. The Prosecution Responds: An O. J. Simpson Trial Prosecutor Reveals What Really Happened. Secaucus, New Jersey: Carol Publishing Group, 1996.
  6. Linedecker, Clifford L. O. J. A to Z: The Complete Handbook to the Trial of the Century. New York: St. Martin’s Press, 1995.
  7. Toobin, Jeffrey. The Run of His Life: The People v. O. J. Simpson. Touchstone Books, 1997.