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Ten POINTS!!!!! Legal question....?
Which document is written persuaviely and which is written objectively?
A brief and a Memorandum of Law....
Blahh I searched all over, I don't think I'm looking in the right places....
Thank you for your help
2 Answers
- ?Lv 71 decade agoFavorite Answer
Categories of legal writing
Legal writing is of two, broad categories: (i) legal analysis and (ii) legal drafting. Legal analysis is two-fold: (1) predictive analysis, and (2) persuasive analysis. In the United States, in most law schools students must learn legal writing; the courses focus on: (1) predictive analysis, i.e., an outcome-predicting memorandum (positive or negative) of a given action for the attorney's client; and (2) persuasive analysis, e.g., motions and briefs. Although not as widely taught in law schools, legal drafting courses exist; other types of legal writing concentrate upon writing appeals or on interdisciplinary aspects of persuasion.
Predictive legal analysis
The legal memorandum is the most common type of predictive legal analysis; it may include the client letter or legal opinion. The legal memorandum predicts the outcome of a legal question by analyzing the authorities governing the question and the relevant facts that gave rise to the legal question. It explains and applies the authorities in predicting an outcome, and ends with advice and recommendations. The legal memorandum also serves as record of the research done for a given legal question. Traditionally, and to meet the legal reader's expectations, it is formally organized and written.
Persuasive legal analysis
The persuasive document, a motion or a brief, attempts to persuade a deciding authority to favourably decide the dispute for the author's client. Motions and briefs are usually submitted to judges, but also to mediators, arbitrators, and others. In addition a persuasive letter may attempt to persuade the dispute's opposing party.
Persuasive writing is the most rhetorically stylised. So although a brief states the legal issues, describes authorities, and applies authorities to the question--as does a memorandum--the brief's application portion is framed as an argument. The author argues for one approach to resolving the legal matter and does not present a neutral analysis.
Source(s): I just pasted your question into google and this is from wiki.