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Legal-eeze
Talking Like a Lawyer
Contrary to popular belief, knowledge of the law is just
one part of what it means to be a lawyer. The
transition from normal person to lawyer also involves
learning to talk the talk. Unfortunately, this has serious
ramifications for our friends and loved ones as we,
students of law, start incorporating legal terms into
everyday conversation.
To help those struggling to get their head around this
new vocab, Ive prepared this quick cheat sheet to
lawyer-speak
Legal Writing
Chapter Seven Common Law Analysis
Legal-eeze
REASONABLE PERSON
Example: A reasonable person would say
Translation: What I think, not what you think. They are
telling you youre wrong.
BUT FOR
Example: But for the unfortunate coffee incident last
week
Translation: Its your fault, even if your wrongdoing has
only had an indirect impact.
Legal Writing
Chapter Seven Common Law Analysis
Legal-eeze
THE CHAIN OF CAUSATION
Example: If you trace the chain of causation youll
find
Translation: Really, you set off the domino effect that
caused this problem.
NOT INSIGNIFICANT
Example: The impact this event has had is not
insignificant
Translation: Its not a big deal.but its kind of not not
a big deal, too.
Legal Writing
Chapter Seven Common Law Analysis
Legal-eeze
FAR-FETCHED OR FANCIFUL
Example: Of all your far-fetched or fanciful
suggestions
Translation: Completely and utterly unrealistic.
PUFFERY
Example: That offer was pure puffery
Translation: Its hyperbole for law students, sometimes
with advertising-related connotations.
Legal Writing
Chapter Seven Common Law Analysis
Legal-eeze
MISLEADING AND DECEPTIVE CONDUCT
Example: Your conduct was misleading and
deceptive
Translation: You tricked me, you bastard.
UNCONSCIONABLE
Example: Of all the unconscionable things
Translation: Very, very naughty. This will probably be
used where the law student in your life is trying to
claim the moral high ground.
Legal Writing
Chapter Seven Common Law Analysis
Legal Writing
Chapter Seven Common Law Analysis
Legal-eeze
MISLEADING AND DECEPTIVE CONDUCT
Example: Your conduct was misleading and
deceptive
Translation: You tricked me, you bastard.
UNCONSCIONABLE
Example: Of all the unconscionable things
Translation: Very, very naughty. This will probably be
used where the law student in your life is trying to
claim the moral high ground.
Legal Writing
Chapter Seven Common Law Analysis
Common Law
The Common Law is Judge-Made- Law.
Developed many centuries ago in England.
Judges look to earlier cases for guidance in
resolving disputes.
Few decisions are air tight Almost all decisions
have dissenting opinions, concurring opinions in
all or in part.
Legal Writing
Chapter Seven Common Law Analysis
Legal Writing
Chapter Seven Common Law Analysis
Facts of Case
Element
Met?
Intent to Publish
Maybe
Publication
Yes
Of false
Statements about
a person
That humiliate the Fliers said F had a long record of criminal violations
person, or
Maybe
Subject him to the Fliers said F had a long record of criminal violations
loss of social
prestige
Yes
Legal Writing
Chapter Seven Common Law Analysis
White
Simmons
Holding
Reason
s and
Policies
Facts
Legal Writing
Chapter Seven Common Law Analysis
Legal Writing
Chapter Seven Common Law Analysis
Facts
Reasons
and
Policies
Legal Writing
Chapter Six Identifying and Selecting Issues for
Analysis
Legal Writing
Chapter Six Identifying and Selecting Issues for
Analysis
Legal Writing
Chapter Six Identifying and Selecting Issues
for Analysis
Identify
element
Yes, no
or
maybe
Identify
Yes, no
Legal Writing
Chapter Six Identifying and Selecting Issues for
Analysis
Legal Writing
Chapter Six Identifying and Selecting Issues
for Analysis
Legal Writing
Chapter Six Identifying and Selecting Issues for
Analysis