Legal Research, Writing, and Drafting
Core concepts
Understand how to locate authority: constitutions, statutes, regulations, treaties, and case law, and how to verify that a source is current and in force. Learn the structure of legal writing: issue, rule, application, conclusion (IRAC). Study the forms of legal documents: pleadings, motions, briefs, memoranda, contracts, and opinions. Know the rules of citation and the importance of pinpoint references. Understand how to distinguish holding from dictum, and how to use precedent. Learn drafting discipline: clarity, defined terms, consistent structure, and avoidance of ambiguity.
Traps
Questions test whether a cited source is still valid - an overruled case or repealed statute is not authority. Another trap is confusing a holding (binding) with dictum (persuasive at most). Watch for drafting questions where a defined term is used inconsistently, creating ambiguity. Also be alert to the difference between a memorandum (internal, objective) and a brief (persuasive, filed).
Rule of thumb
For any research or drafting question, apply the "authority-authority-check" sequence: Identify the issue, find the governing authority, verify it is current, then apply it. In drafting, define once, use consistently, and test every clause against a hypothetical dispute.
Worked example
A brief relies on a case that has been overruled. The correct response is to replace it with the overruling decision and address the change; citing the old case without acknowledgment undermines credibility and may violate candor.