Premium Essay

Thinking Makes Visible

In:

Submitted By flordelizflorida
Words 2501
Pages 11
I. Introduction

Regardless of the legal specialty, location, or practice size, there is one truism that rings throughout the legal community: lawyers write. What students learn in the Legal Writing and Analysis, Appellate Advocacy, and other courses that fulfill the upper-level writing requirement is essential to becoming an effective advocate. As in many law schools' writing courses, students learn the basics for formulating, writing, and defending a legal argument — research, jurisdiction, use of authority, standards of review, and effective methods for completing written legal analysis.

II. Distinguishing Features.

Legal writing places heavy reliance on authority. In most legal writing, the writer must back up assertions and statements with citations to authority. This is accomplished by a unique and complicated citation system, unlike that used in any other genre of writing.

Legal writing values precedent, as distinct from authority. Precedent means the way things have been done before. For example, a lawyer who must prepare a contract and who has prepared a similar contract before will often re-use, with limited changes, the old contract for the new occasion. Or a lawyer who has filed a successful motion to dismiss a lawsuit may use the same or a very similar form of motion again in another case, and so on. Many lawyers use and re-use written documents in this way and call these re-usable documents templates or, less commonly, forms.

Legal writing extensively uses technical terminology that can be categorized in four categories: a. Specialized words and phrases unique to law, e.g., tort, fee simple, and novation. b. Quotidian words having different meanings in law, e.g., action (lawsuit), consideration (support for a promise), execute (to sign to effect), and party (a principal in a lawsuit). c. Archaic vocabulary: legal writing

Similar Documents

Premium Essay

Reflective Summary: Video Analysis

...1. What strategy did this teacher use to make student thinking visible? The teacher in this video used several strategies to make students thinking visible. One of the main ways she was able to see how the students were thinking is by walking around the room and listening to her students discussions within their groups. She was able to hear when students were struggling with the relationship of the numbers and hear what strategy student were using to figure out the relationship among the numbers. 2. How has this lesson helped you understand the 4th and 5th grade common core state standards for mathematics? This lesson has helped me understand the fourth and fifth grade common core State standards for mathematics by again showing me why it is important for students to be able to work in groups or peers so they can help explain their thought process to their peers. Students were working in groups and were able to feed off of each other’s responses and thinking on how the numbers in division related to each other. A girl in the video change how she saying a problem needed solved by simply listening to another...

Words: 589 - Pages: 3

Premium Essay

Civersity Issues

...people with many differences. It is recognizing and appreciating the variety of characteristics that make individuals unique. Some examples include: age, cognitive style, culture, disability (mental, physical, and learning), education, religious beliefs, language(s) spoken, etc. According to the text book, diversity refers to “all” ways that people are different. The whole idea of diversity opens the scope and defines diversity as a combination of items characterized by differences and similarities. Diversity has made significant improvements in our lives and will continue to grow with the changing values of our society. As one recognizes the many proportions of diversity, it is important to note that not all of them are visible. The visible aspects of diversity are those things we cannot change and are external, such age, race, ethnicity, gender, and physical attributes. On the other hand, hidden diversity includes the things not easily seen such as work experience, educational background, income, religious beliefs, and parental status. Many of our dimensions that make us different are considered hidden because they are not apparent by just looking at a person. No person’s diversity is exactly like another’s. It is a mixture of diversity attributes, that are both visible and hidden that define a person’s diversity. Diversity explores our unique characteristics that makes us who we are and deals with everyone’s individuality. So by recognizing, valuing and embracing it...

Words: 767 - Pages: 4

Premium Essay

Evolution of Tool in Relation to Thinking Capability

...Evolution of Tool in Relation to Thinking Capability Zehua (Echo) Wang University of Lethbridge MGT 5120 & MGT 5125 Instructor: Dr. John M. Usher Dec. 12, 2011 People interact with external material world by making use of resources and producing specific products or effect. In this procedure, thinking plays a crucial role in guiding the exact behavior, and tools are the objective medium people make use of. “Tool use” is a signal which distinguishes humanity from animal species. The capability of making and using tool facilitates human’s thinking ability. The more diverse tools are used the more open thinking become. Evolution of tools describes how people’s thinking is changed by tool use, and how thinking becomes increasingly complex and systematic. Tool evolved from tangible tools, for example hammer, rope, bottle, to intangible tools, like academic theories, thinking techniques, and etc. Between these two extreme pole, there are some medium segments exist, such as Internet and other kind of technology. Tools improve productivity, they help people to expand in spaces and gain creativity, but some specific tools might constrain people’s thinking, and become an obstacle which rejects progress of thinking. Purpose of writing this paper is to illustrate how tool produce and too use facilitate people’s thinking, and this process will starts from material-based thinking, and then go into abstract thinking. Considering the historical fact of tool...

Words: 4980 - Pages: 20

Free Essay

Paper Bibliography

...TEACHING LEARNING EXPERIENCES LEARNING EXPERIENCES Dressing up my Homeroom Bulletin Board Dressing up my Homeroom Bulletin Board My Targets At the end of the activity, I should be able to: * Decorate/ structure the bulletin board. * Line-up the bulletin board to the lesson. * Engage in the activity designed by the cooperating teacher. My Objective At the end of the activity, I should be able to structure (considering the steps) a bulletin board (that satisfies its uses). Selecting a Topic Thinking of a theme GatheRing its content PUtting the content in reasonable order Considering the viewer’s interest FiTting it in the viewer’s thinking level Using your creativity Researching a design Looking for the accEssible place to display A Beatify a room soUrce of information Reinforce Learning instructionaL material ReviEws past lessons ...

Words: 624 - Pages: 3

Free Essay

Darwin

...variation in the species would enable the animal to better adapt to its surroundings and increase the chances of survival of the species. Those without the variation would be at a disadvantage and would, eventually, die out. Opposite natural selection is man-made selection in which humans select which traits get passed on to the next generation for their own good and/or purposes. The lottery in "The Lottery" by Shirley Jackson is an example of man-made selection by which a select few control the society of the village. Man-made selections are limited and biased. "Man can act only on external and visible characters" (192) when selecting for his own good (193). Man-made selections are limited and biased because we lack the knowledge and capability to because we are selfish, creatures of habit. They are easily influenced by outside factors.The decisions and selections that man makes are man-made limited and biased because. It was more convenient for the people (in charge of running the lottery) to follow tradition than to break free from what had always been and create something new or get rid of it all together. The lottery had been going on for so long that it became part of the identity of the village. It was a tangible piece of the village's history and proof of their evolution as a people (i.e., the transition from the original wood chips used in...

Words: 897 - Pages: 4

Premium Essay

Optimism

...Since I was a child, happiness was always easy for me to achieve. Of course, the fact that I have always been lucky to live the life I do makes being happy easy. It is my optimism, however, that I give the most credit to. My outlook on life is has and always has been one of light hearted positivity. I may very well be the most optimistic person I know. You don’t just have to take my word for it though, allow me to create a mental picture in which my optimism shines in your brain like sun beams do through an open window. Optimism has been my most prominent characteristic since my early childhood years of dirty feet, scabby legs and food stained shirts. I remember looking through the windows in my home on rainy days as the water pitter pattered onto the floor and into puddles. My face showed no signs of distress as I’d squash my nose onto the foggy glass windows peering out into the watery skies. Sure, I would have to wait a little longer before I could go outside to play again, but I did not see this as a reason to fret. After all, when the rain finally ended (and I knew it would because it always did at some point) I would soon be splish splashing in the miniature pools of water that collected in every concave surface of the street and sidewalk. Mud pies would be made out of the rain drenched soils and baked under the once again visible sun, the earthworms would wiggle their way out to play and a magnificent rainbow would stretch across the sky, glittering with all of its majestic...

Words: 1274 - Pages: 6

Free Essay

Derivatives

...Education Sector Leaders Overview of Research Education plays a key role in helping students prepare for their future. Leaders who reflect students’ cultural backgrounds are necessary to project a positive image of visible minorities to students from an early age, even before they enter the workforce. Diverse leadership in the education sector has both a symbolic and practical importance. Diversity among teachers and academic leaders promotes education policies and teaching practices that promote a civic culture inclusive of diversity (Butler, 2000). According to Lumby et al. (2007), “a powerful commitment to equality and diversity is viewed by many as integral to progressing further education’s strategic mission. The sector has long been committed to such values, historically focused on an inclusive approach to education and training.” In higher education, in particular, it is essential to developing critical thinking. “The incorporation of diversity into pedagogical practices in higher education changes societal mindsets and challenges the structural arrangement of persons in society” (Campbell, 2000). It has been a high priority in Ontario for more than a decade (Ontario Ministry of Education, 2008). Research shows that: • Diverse leadership plays an important symbolic role in shaping the aspirations of young people (Blau & Stearns, 2003). Failure to provide positive role models can lead to social exclusion, which carries with it very high social and economic costs (Ryan et...

Words: 2302 - Pages: 10

Premium Essay

Sensory Memory Model

...The prefrontal cortex role is being able to remember events but not being able to remember what happened in the event, the amygdala role is to make the body know of your emotions, the medial temporal lobe role is to transfer information that is not visible over to long term. The hippocampus role is to transfer information that is visible over to long term memory, the cerebellum role is to make memories involving movements, and the cortex is involved with semantic memory and the saved...

Words: 506 - Pages: 3

Premium Essay

White Privilege Title Analysis

...Rather, benefit is characterized in connection to a gathering or a social class. Privilege paradox is naturally being placed in a classification without somebody knowing anything about the individual. People are the ones who encounter privilege. Privilege is characterized in connection to a gathering or social class. People can lose privilege if individuals think they don't have a place in a specific classification. Privilege doesn't make a difference of who a person is but instead what a person thinks we are. The paradox needs to do with the general population we use as models of examination. For example, a person can walk down the street and see white man walking and automatically assume they are wealthy and privileged without even having a conversation or talking to...

Words: 990 - Pages: 4

Premium Essay

Tattoo

...Carrington's view of tattoos are made of a young adult position. Carrington, who have tattoos, think that the meaning of tattoos with the times have changed. Previously, a tattoo was something rare, but full significance. Nowadays it is something that categorizes the working class. Most have tattoos, either because it has symbolism Christian approach or simply because it's beautiful. At the same time, he turns to whether it is because you want it or because you do self-mutilation. Do people get a tattoo because of pain? Is the thinking behind a tattoo positive or negative? Text 2: Brendan O'Neill's view of tattoos is that it is no longer something you do by rebel causes, but something that signatories the young generation. He thinks it's wrong, not least because it can destroy almost all of their future, but because people don't think about the consequences they get created with this permanent thing under the skin. Most jobs require that you don't have visible tattoos. This is not something young people think of, at least not until they stand and can’t get their dream job. Perhaps we should not be able to get tattoos before we got older? Text 3: Alexis Sachdev is a teenager who's just had made her first tattoo. Her attitudes about tattoos is therefore composed of a typical teenage attitude. A tattoo is nice, something that is there to be showed. She believes that older people views, such as a tattoo can easily undo, is nonsense. A tattoo is unique and significant in either...

Words: 735 - Pages: 3

Premium Essay

Persuasive Essay On Brace Research Paper

...Most people, when picturing metal braces, are thinking of the horrifying contraptions from movies and television. Metal braces haven’t looked like that in a long time. They’re smaller, stylish, and more effective than ever before. They have the most versatility when it comes to options and often involve the shortest treatment lengths. They will affect your eating habits as well as your oral hygiene routine, though. 2. Lingual Braces Lingual braces are much like metal braces, except instead of being installed on the front of the teeth, where they are visible, they’re installed behind the teeth. This makes them almost impossible to see. However, the trade off is that they are more uncomfortable and will take longer to adjust to. They are likely to cost more as well. If you’re concerned about the look of braces, this may be a good option for you. 3. Ceramic/Clear Braces Ceramic braces, as their name states, are made of ceramics, which means they are coloured to match teeth. This makes them much less visible, though still quite effective at teeth...

Words: 575 - Pages: 3

Premium Essay

Chandler and Strategy

...School of Business, M.I.T and Johns Hopkins University. He also had several publications of which The Visible hand and Strategy and Structure is the most well-known of which in 1977 he won the Pulitzer Prize for the Visible hand. Chandler’s primary contribution to strategy was with his idea of decentralization. Chandler examined the large corporations of the time like Du Pont, Sears and General Motors and how the marketplace demand changed to traditional functional organization to a more decentralized one. His felt that by decentralizing a large organization. It would allow the CEO’s and upper management to be removed from the mundane everyday task, and take that time and focus it towards other areas. By creating division within an organization it allowed for CEO’s and others to focus on planning and evaluation of the company’s success or failures. Chandler also felt that strategy came before structure. As he felt that an organization should have a strong strategy and therefore could plan and develop the structure around their structure which this idea triggered what some called the “Managerial Revolution”, where managers became more aware of the marketplace and began to do stronger forecasting and planning , so that even though strategy and structure have come to be complexly intertwined they are able to develop forward thinking strategies that will allow them to make organizational changes and moves, in advance of rolling out new products or services in order to enter...

Words: 475 - Pages: 2

Premium Essay

Fundamentals of Local Area Network

...recommend they purchase and explain why. Also describe the media utilized. Note, you are not required to detail the topology utilized, but thinking about this will help you to choose and justify your device choices. a. Describe what network device or devices are recommended for purpose for the given home network scenario(s). For a family who wishes to connect several devices to share and Internet connection and a Bluetooth wireless printer, I would recommend that family procure a wireless router, a modem, and a few CAT5e Ethernet cables. b. Explain the recommendations justifying why these would suit the needs for the network The family has several devices that need internet connectivity; the recommendations I made will make this happen. The modem connects to a wireless router, via plugging the broadband into the WAN port of the router, and the router will access the Internet through a unique IP address (assigned by the ISP). This will then provide local IP addresses for all of the devices connected to it, allowing the family to get Internet out to all of the devices (both wired and wireless). An advantage of having a wireless router is that it provides more safety, compared to connecting your broadband directly to your computer, because your computer's local IP addresses aren’t visible to the Internet, which means it's not visible to criminals or hackers. With all of this said, I would recommend to the family that the modem and wireless router be put into the same room...

Words: 1210 - Pages: 5

Premium Essay

Comparing The Sniper And The Most Dangerous Game

...have in common with each other. The Republican sniper from “The Sniper” and Rainsford from “The Most Dangerous Game” are similar because they both have to face hesitancy, fear, and use quick thinking to get out of tough situations. First, the Republican sniper and Rainsford are very hesitant with some decision they make. Like in “The Sniper” the Republican sniper had just finished eating his dinner while hiding on the roof and wonders if he should smoke. “He paused for a moment, considering whether he should risk a smoke. It was dangerous. The flash might be seen in the darkness, and there were enemies watching” (O’Flaherty 6). The Republican sniper is hesitant...

Words: 685 - Pages: 3

Premium Essay

Cognitive Psychology

...subset of psychology that studies mental processes including thinking, memory, perception and learning. This discipline focuses on cognition and acquiring information. Cognitive psychology studies how an individual distinguishes, learns and retains information; thinks, rationalizes and responds. Cognitive psychology, according to the text, focuses on how a person feels on the inside. (Willingham, 2007). 1.2 Identify key milestones in the development of cognitive psychology as a discipline. Cognitive psychology developed as a deeper analysis of mental processes associated with behavioral psychology (behaviorism). The development of cognitive psychology is largely attributed to Aaron Beck and Albert Ellis. Its development includes several milestones and key approaches which make cognitive psychology one of the most important disciplines of psychology. The basic foundation of cognitive psychology is Alderian psychology. The evolution of cognitive psychology is evident in several main approaches which are presently influential: Ellis’s “Rationale Emotive Therapy” Beck’s works in cognitive therapy Computational cognitive approach Cognitive neuropsychology 1.3 Discuss the importance of behavioral observation in cognitive psychology. Observation must be made in order to understand and explain behavior. Cognition, in the mental and inner sense, can only be measured by observing behavior patterns; inner states are not visible. 1.4 Explain the role of the brain in cognitive functions...

Words: 407 - Pages: 2