How to Write a Legal Argument

A legal argument is a group of evidence that gives reasons why an audience should support your case. A legal argument can be either written or oral, and is used in debate and in legal proceedings. To write a legal argument, you weigh legal principles and rules and balance them to prove your case. You construct your theory through legal reasoning and prove your case using legal evidence, laws and logic. Get right to the point in your legal argument, and do not pad the writing with unnecessary details.

Instructions

    • 1

      Identify your audience and adapt the tone of your paper to your audience. Keep your tone rational, so you encourage your audience to reason with you. Do not force your point of view on your audience, but encourage them to see your point.

    • 2

      Summarize the case and legal issues in your first paragraph or introduction section. Be brief and get to the point quickly. This paragraph should be an overview and does not include the intricate details of each issue. Include the background of the case or issue, all the facts, any decisions from the court and your analysis. Provide your conclusion in the end of your introduction and create a transition to your first point.

    • 3

      Explore your first issue in the next paragraph or section. Explore the intricacies of the issue and case, but do not add unnecessary details.

    • 4

      Research the state, federal or case law that applies to the issue and supports your case. Add several examples if they are available, and give the details of each case from case law and how they apply, but limit your evidence to the strongest examples and arguments. Explore your strongest evidence first. Explain how the case fits as evidence to support your side of the issue.

    • 5

      End the paragraph or section with a thought-provoking question. When you ask a question, you do not push your view onto your audience, but encourage the reader to think about the details.

    • 6

      Create a transition to the next issue that briefly summarizes the first point and introduces the next point.

    • 7

      Repeat steps two and three until all you cover all the issues.

    • 8

      Anticipate your opponent's case and address those issues in the writing. You can add the anticipated arguments into your paragraphs if they match your topics. Or create a new section. Don't ignore any cases that oppose your case. Briefly cover the case or law. Explain it, but distinguish it from the points in your case to create a strong argument against the use of the case or law from the opposing side.

    • 9

      Create headings and subheadings to alert your reader that you are covering a new topic.

    • 10

      Insert a conclusion that briefly restates your case. Outline what the you want from the judge, jury, professor or audience.

    • 11

      Add footnotes for research you used.

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