Legal Profession

International Lawyer's Guide To Legal Analysis and Communication in the United States

Edited by Deborah B. McGregor · Cynthia M. Adams
Aspen June 2008

Specifications

ISBN-13
9780735564770
Publisher
Aspen
Publication
June 2008
Format
Paperback , 469 pages
Jurisdiction
U.S. ? Countri(es) for reference only

Details

Ideal for teaching international lawyers about the U.S.study of law, this coursebook uses a global perspective to put the basic principles of legal reasoning, writing, and research into context.

To effectively teach analysis and communication within the U.S. legal system, the authors present:

  • material that can be easily adapted to a one-semester or two-semester writing course, using a one chapter/one idea concept
  • building-block approach to legal analysis based on the common law—each chapter focuses on a key concept that builds on what had been covered in the previous chapter
  • tailored topical coverage that includes:
    • a concise introduction to the U.S. legal system, the common law as U.S. precedent, and the anatomy of a U.S. lawsuit
    • practical guidance for law study in the United States, including how to brief a case for class and other suggestions about the law school classroom
    • a special chapter on plagiarism, a particularly troublesome aspect of writing for ESL students
    • instruction on drafting client letters and demand letters, including effective word, phrasing, and structural choices for emphasis
    • an overview of statutory interpretation theories
    • coverage of drafting both fact-based and law-based issue discussions
    • citation rules, including citing to international and online materials
    • chapters on the U.S. approach to drafting contracts, emphasizing international transactions
    • techniques for taking law school examinations
  • engaging examples and exercises
  • a glossary of terms

To prepare international lawyers for practice in the U.S. legal system, use the coursebook that employs basic coverage, solid pedagogy, and a multicultural perspective.

Table of Contents

Part I: Introduction

Chapter 1. An Introduction to the U.S. System of Government 
Chapter 2. An Introduction to Common Law in the United States 
Chapter 3. An Introduction to the Anatomy of the Civil Litigation Process 
Chapter 4. The U.S. Legal Education System: An Introduction to Studying the Law to Learn the Law and Briefing Cases for Class 
Chapter 5. An Introduction to the Legal Writing Process 
Chapter 6. An Introduction to U.S. Concept of Plagiarism and the Proper Attribution to Authority

Part II: Writing an Objective Analysis

Chapter 7. Writing an Objective Discussion of a Fact-Based Issue: One Issue/One Case 
Chapter 8. Writing a Discussion of a Fact-Based Issue: Using Policy to Support a Legal Analysis 
Chapter 9. Writing a Discussion of a Fact-Based Issue: Using Multiple Cases in Analyzing a Single Issue 
Chapter 10. Writing a Discussion of a Fact-Based Issue: Synthesizing a Single Rule from Multiple Cases 
Chapter 11. Beyond the Simple TRAC: Using Different Legal Tests to Create the Discussion of a Fact-Based Issue 
Chapter 12. Writing a Discussion of a Fact-Based Issue: Addressing Multiple Issues Using Multiple Cases 
Chapter 13. Addressing Statutory Issues 
Chapter 14. Introduction to an Objective Legal Analysis of a Law-Based Issue 
Chapter 15. Citing to Authority

Part III: Expository Writings

Chapter 16. Writing Letters

PART IV: Drafting a Contract

Chapter 17. An Overview of Basic Contract Provisions 
Chapter 18. Word Choice 
Chapter 19. Sentence Structure 
Chapter 20. Checklists and Organizational Format 
Chapter 21. Overall Contract Structure

Part V: Miscellaneous

Chapter 22. Exam-Taking Techniques

About the Author

Deborah B. McGregor

Deborah B. McGregor is Assistant Director of Legal Analysis, Research, and Communication and Clinical Professor of Law at Indiana University School of Law-Indianapolis, where she has taught legal analysis and communication for both J.D. and international law students; torts for international law students; advanced persuasive writing and oral advocacy for international law students; An Introduction to the American Legal System for international students, and legal process. McGregor also created and ran an academic support program for fourteen years and developed the first writing course for LL.M. students. She developed and coordinates the third semester Legal Analysis, Research, and Communication course, which focuses primarily on transactional drafting. McGregor, a graduate of the Georgetown University Law Center, began her legal career in private practice, focusing on probate law and estate planning. Thereafter, she taught legal writing at the Indiana University School of Law – Bloomington before joining the law school faculty in Indianapolis. McGregor was appointed assistant director of the legal writing program in 1991. McGregor is the only legal writing professor to receive the student bar association’s Best New Teacher’s Award. She received Indiana University’s Trustee’s Teaching Award and has twice received both the Teaching Excellence Recognition Award and the Black Law Student Association’s John Morton-Finney/Brenda Elise Bowles Award. McGregor is a member of the American Association of Law Schools Programs for Foreign Lawyers, the Section on International Exchange Programs, the Section on International Law, and the Section on Teaching Methods. McGregor has been an active member of the Legal Writing Institute (a U.S. organization devoted to teaching excellence in legal writing), serving on its Survey Committee, Bar Outreach Committee, and the Committee on Global Legal Writing Programs and its Subcommittee on Teaching Outside the United States. She also served on the Association of Legal Writing Director’s Fellowship Programs Committee. Since 1987 she has given over thirty presentations at regional, national, and international conferences, and has conducted training workshops for law professors in Ukraine and taught LL.M. students in Egypt.

Education 
B.A., 1973, University of Evansville 
J.D., 1982 Georgetown University Law Center


Cynthia M. Adams

Cynthia M. Adams is Clinical Professor of Law and Co-Director of the Latin American Law Program at Indiana University School of Law-Indianapolis, where she has taught advanced contract drafting; contract drafting for international law students, legal analysis and communication for both J.D. and international law students; contracts for international law students; civil procedure, trusts and estates and legal process. Adams is an active member of the Indiana Bar Association and the Indianapolis Bar Association. She serves as the Chair-Elect for the American Association of Law Schools (AALS) Section on Graduate Programs for Foreign Lawyers and serves on the Executive Committee of the AALS Section on International Exchange Programs. Adams founded and manages a listserv devoted to teaching international law students and lawyers. She is a member of the Legal Writing Institute (a U.S. organization devoted to teaching excellence in legal writing) and serves as the Chairperson of the Legal Writing Institute’s Committee on Global Legal Writing Skills, which supports and promotes cross-border teaching of law students. ; Adams was one of the first faculty members to receive Indiana University's Trustee's Teaching Award in recognition of teaching excellence and is a three-time recipient of the law school’s Teaching Excellence Recognition Award. Adams has made many presentations at regional, national, and international conferences. Previously, Adams practiced law with an Indianapolis law firm, focusing on general business, acquisitions and mergers, commercial loans, and trusts and estates. She also served as an adjunct professor of English at Indiana University/Purdue University-Indianapolis and as an adjunct professor of English at Butler University.

Education 
B.A., 1977, Kentucky Wesleyan College 
J.D., 1983, Indiana University School of Law - Indianapolis


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