Topic > Legal Research, Writing, and Analysis - 1457

In this essay, we will discuss the process of legal research, writing, and analysis. The topics covered will be presented in a clear, concise and objective way. The textbook we will refer to is "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th edition, BarBri Group, 2006. The US judicial system consists of a trial court, a court of appeals, and a supreme or high court. The district court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is contested by the losing party in the court of first instance. The supreme or high court hears cases whose outcome is contested by the losing party in the court of appeal. The supreme or high court chooses which cases warrant a hearing. The federal and state court systems have the same basic structure. Each consists of a court of first instance, a court of appeal, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits covering most states except the District of Columbia. The federal system also has specialized courts such as the Court of Federal Claims and the United States Tax Court. An important point to keep in mind is that all binding decisions are made at the highest court at the federal or state level. These decisions are precedent only in the jurisdiction in which the court presides. Stare decisis refers to the practice of courts adhering to previously rendered decisions. This is especially true with respect to U.S. Supreme Court decisions that have binding authority on both federal and state courts. Remember that court decisions in the same jurisdiction have only persuasive authority which is not binding. When a federal or state appeal or supreme court... middle of paper... a case. You should include a summary, a list of authorities, a statement of jurisdiction, questions or issues, a statement of the case, a summary of the argument, the argument, and a conclusion. When you write an opinion or customer letter you are writing to inform or advise a customer. Both sides of the issue must be presented objectively. Remember that your writing should be informal. It is aimed at those who may not be familiar with legal jargon. State the facts or issues of the case and then discuss what law might apply. There is no need to delve into this letter. Keep your sentences short, positive and to the point. This concludes my summary of the lessons gleaned from the course BSL 301 – Legal Research, Writing and Analysis with reference to Honigberg, G. "Gilbert Law Summaries: Legal Research, Writing, and Analysis" 10th ed. BarBri Group, 2006.