Persuasive strategy

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Persuasive strategy

• Planning drafting arguments

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(No Transcript)
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Step One -- Using point headings to plan
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Working point headings (an outline)

• Working point headings -- Level I
• How many dispositive legal issues?
• Any reason to add more at this level?

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Drafting working point headings

• Assert the correctness of the ruling you seek
• BECAUSE
• Legal conclusion (assert your conclusion about
  the part of the rule that entitles your client to
  the ruling)

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Drafting working point subheadings

• May repeat or drop first part
• Focus on second part -- assert your conclusion
  about the part of the rule that entitles your
  client to the ruling

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Step Two -- Ordering point headings subheadings

• By strength
• Law
• equities
• By reader
• By familiarity

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Step Three -- Converting working headings to
persuasive point headings

• Focus on theory of the case
• Favorable view of law
• Favorable view of key facts
• Other possibilities?

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The formula

• Assert the correctness of the ruling you seek
• BECAUSE
• Identify the key facts and state how they
  establish the correctness of the ruling

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Another formula

• I. Assert the correctness of the ruling you seek
  BECAUSE of legal conclusion
• A. Assert legal conclusion BECAUSE of key facts
  (or policy reasons)

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Edit the formula for persuasion

• When to use affirmative or negative language
  (usually go with affirmative)
• When to vary the structure
• How to phrase alternative arguments
• Finally, edit for readability