The last post outlined various types of legal arguments, including arguments from text. This post begins a series of posts on ways to analyze text.
In a recent book, Justice Antonin Scalia and legal writing guru Bryan A. Garner advocate what they described as a “fair reading” approach in which one determines how a reasonable reader, fully competent in the language, would have understood the text at the time it issued. The book, entitled Reading Law: The Interpretation of Legal Texts, lists with examples 57 canons of construction and exposes what the authors call 13 fallacies.
The book begins with five fundamental principles. These principles are quoted below from pages xi-xii of the book and are then annotated with South Carolina law. Continue reading “Statutory Construction Canons with SC Citations”
The last post gave an overview of an appellate brief’s argument section. This one covers the different types of arguments that the brief writer may make.
Wilson Huhn, a Professor of Law at the University of Akron School of Law, authored “The Five Types of Legal Argument.” In it, Huhn offered practical ways to argue from the different sources of the law, identified the policies achieved by each source, and offered ways to counter each type of argument. Continue reading “Appellate Briefs – 5 Types of Arguments”
To date, these posts have covered an appellate brief’s Table of Contents and Table of Authorities; the Statement of the Issues; and the Statement of the Case, including the Statement of Facts. This post one and the next several discuss the brief’s argument section. Continue reading “A Brief’s Argument Section – An Overview”