Making the Best Case: Lessons in Writing from the World of Law
Edition: 1
Copyright: 2011
Pages: 230
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$70.35
Why use examples from the world of law to learn how to write a college essay? By the power of language, rights are given or taken away, people are sent to jail, millions of dollars are awarded, families are altered, and the rules by which we live are determined.
There is no one that the law does not touch. By considering what goes on within the courtroom, Making the Best Case: Lessons in Writing from the World of Law observes principles that create effective writing and applies them to the task of writing the college essay.
Using this approach provides the reader with exciting opportunities to write about important matters, to see exactly how reasoning through writing affects ordinary lives, and to understand a bit about the law on the way.
Making the Best Case: Lessons in Writing from the World of Law:
- Explains how a person who cannot read well is defenseless in any society governed by the rule of law.
- Is not intended to teach how to practice law. Instead, by working through its activities, the reader will get a good general idea of how the law operates and how court decisions are made.
- Provides a fresh approach to enhance the reader’s sense of identity, encourage introspection, and help him/her express their individuality.
- Presents a straightforward, common-sense approach to writing without the emphasis on theoretical explanations that weigh down many textbooks.
- Applies to today’s students! Written in a concise format, the book includes student writing models and Internet links to interactive exercises and samples.
Chapter 1 The Elements of an Essay
The Thesis Statement
What is a thesis?
What makes a good thesis?
"How criminal justice is a lot like McDonald's"
Identifying a thesis statement
Roadmap
What is a roadmap?
Reviewing the thesis and the roadmap
Paragraph Structure and Topic Sentences
What is a topic sentence?
Analyzing a topic sentence and its paragraph
Thinking ahead: about support
Chapter 2 Thesis Statements
Riggs v. Palmer
Probate law: identifying the thesis of a case opinion
The Pavlinko Will
Probate law: identifying the thesis of a case opinion
Some Definitions: Direct and Circumstantial Evidence
Leo Tolstoy's "God Sees the Truth but Waits"
Identifying the thesis of a short story
Excerpt from Melville Davisson Post's "The Corpus Delicti"
Chapter 3 Prewriting
Freewriting
What is freewriting?
Sample freewriting
Lists and Outlines
What is a list?
What is an outline?
Task Lists and Subdividing
What is a task list?
Additional Practice
Chapter 4 Essay Structure
Basic Essay Structure
What is structure?
Writing paragraph 1 (the introduction)
Writing paragraphs 2 -?(the body paragraphs)
Writing the last paragraph (Conclusion)
Overall essay structure
Transitions
Words of continuation
Words of contrast
Words of causation
Words of specification
Critiquing a student's use of transitions
A Writing Task: Legal Cause
Note on defining terms (the structure of definition)
Note on biased language
Prewriting on Thief v. Victim
Constructing the first body paragraph
Constructing the second body paragraph
The Structure of Comparison and Contrast
Comparing two cases
What is a comparison/ contrast?
Organizing the comparison/ contrast
The Structure of Narrative
What is a narrative?
Tips for a better narrative
Chapter 5 Grammatical Errors
An Ungrammatical Will
Why grammar matters
The Last Will of Edgar Doe
Independent and Dependent Clauses
What is a clause?
What is the difference between an independent clause and a dependent clause?
The Telephone Test
The Make-It-A-Question Test
Fragments
What is a fragment?
Repairing fragments
Run-ons
What is a run-on?
How to repair a run-on
A special run-on trap
Practice with run-ons
Examining a contract with run-ons
Parallel Structure
What is parallel structure?
Examining a will with parallel structure problems
Chapter 6 Integrating Source Material
Support
What is support?
Bad use of evidence
Integrating Quotes
The problem of the floating quotation
Introduce the quote
Connect the quote
More about the blended quote
Practice with introducing quotes
To quote or not to quote
Practice with justifying use of quotes
Excerpting quotes
Practice integrating and excerpting quotes
William Faulkner's "A Rose for Emily"
Critiquing a student's use of quotations
Unity
What is unity?
Critiquing a student's presentation of evidence for lack of unity
Chapter 7 Gathering Research
Research Paper vs. Information Dump
The Case for Print Sources
Locating Print Sources
Locating Internet Sources
Search terms can be excluded
Search terms can be specified in groups
Search terms can be limited to a specific site
Other tips for Internet searches
Advanced Internet search techniques applied to the laws on prostitution
Managing information from web sources
Evaluating Internet Sources
Who?
What?
Why?
When?
A Few Words about Wikipedia
A Research Task: Asylum
Gathering and evaluating sources for an asylum case
Review: critiquing a student's narrative for an asylum case
The Structure of Exemplification
Gathering, evaluating, and using sources for an asylum case
The Structure of Argumentation
Avoiding logical fallacies
Anticipating the opposition
Chapter 8 Citing Sources
Why Must Sources be Cited?
Which Uses of Sources Must be Cited?
How are Sources Properly Cited?
What does an MIA citation look like?
What if. ... ?
Redundant citations
Long quotations
The Works Cited List
Overall format of the Works Cited list
Titles of pieces vs. titles of publications
Format of the individual entries in the Works Cited list
Complications in identifying the elements of a website
Automated citation utilities
Extra practice with citations
Chapter 9 Paraphrasing
What is Paraphrasing?
What is Plagiarism?
The Difficulty of Paraphrasing
Tips for How to Paraphrase
Practice with Paraphrases and Plagiarism
Chapter 10 Cause/Effect
The Structure of Cause/Effect
Post hoc ergo propter hoc fallacy
Cum hoc ergo propter hoc fallacy
The problem of superseding causes
Tips for writing a cause/ effect study
Negligence
Duty of care
Breach
Proximate cause
Damages
Writing About Negligence
Starting the assignment
More Practice with Negligence
Riss v. City of New York
De Long v. Erie Counry
Critiquing a Student's Argument
Chapter 11 Conciseness
Conciseness
What is conciseness?
Why do students resist conciseness?
So too much detail is bad?
Principles of conciseness
More on the passive voice
Practice with conciseness
A Judicial Opinion
Writing Tasks: Accomplice Liability
A Research Task: Accomplice Liability
Chapter 12 Essay Mechanics
A Problematic Contract
Capitalization
Commas
Comma rule # 1 : lists
Comma rule #2: introductory words
Comma rule #3: joining independent clauses
Comma rule #4: interrupting a sentence
Comma rule #5: miscellaneous conventions
Apostrophes
Format
Sample MLA Format
Chapter 13 Writing Practice
Murder
Attempts
Practice with attempt
More Practice with Negligence
Flannery O'Connor's ''A Good Man is Hard to Find"
Bigamy
The Case of the Accidental Bigamist
Ignorance of the Law
Scenarios
Chapter 14 Writing about a Novel
Charlotte Bronte's Jane Eyre
Bigamy
Reliability of Testimony
Intentional Infliction of Emotional Distress
Chapter 15 Writing about Film
Tips for Writing about Film
Content
Actors
Camera
Editing
Effects
Employment Law
The Devil Wears Prada
Family Law
Muriel's Wedding
Insanity
Heavenly Creatures
Flannery O'Connor's “A Good Man is Hard to Find"
Sexual Offenses
Notes on a Scandal
Murder
Scotland, PA
Intentional Torts
Definition of intentional torts
Defenses to intentional torts
The Wizard of Oz
Table of Cases
De Long v. Erie Counry, 60 NY 2d 296 ( 1983)
Fisher v. Carrousel Motor Hotel, 424 S.W2d 627 (Tex. 1967)
Gomis v. Holder, 5 71 F. 3d 353 (4th Cir. 2009)
Hackbart v. Cincinnati Bengals, Inc., 601 F.2d 516 (1Oth Cir. 1979)
Harris v. Jones, 380 A. 2d 611 (Md: Court of Appeals, 1977)
Hicks v. United States, 150 U.S. 442 (1893)
In Re Pavlinko, 394 Pa. 564 (1959)
Kibbe v. Henderson, 534 F.2d 493 (2nd Cir. 1976)
McGuire v. Almy, 297 Mass. 323 (1937)
Pace v. State of Indiana, 248 Ind. 146 (1967)
People v. Lauria, 251 Cal. App. 2d 471 (2nd Dist., 2nd Div. 1967)
Riggs v. Palmer; 115 N.Y 506 (1889)
Riss v. City of New York, 22 N.Y 2d (1968)
Settles v. US., 522 A.2d 348 (DC: Court of Appeals, 1987)
Smallwood v. State, 680 A. 2d 512 (Md: Court of Appeals, 1996)
State v. Gladstone, 78 Wash. 2d 306 (1970)
State v. Haines, 545 NE 2d 834 (Ind: Court of Appeals, 2nd Dist., 1989)
State v. Hinkhouse, 912 P.2d 921 (Or. Ct. App. 1996)
State v. Preslar, 48 N.C. 421 (1856)