Module 5. Module 6. The MOOC course in European Business Law is a great course to start with for students intending to apply for the Master’s programme in European Business Law. Course III - Competing in Europe Additionally, you can also use these tools to look up previous opinions by your judge and tailor your writing style to that of the court. Reviewing briefs with similar legal or factual issues is a great way to get ideas on how to frame the issues and where to target further legal research. The External Dimension A module includes a number of lectures and readings, and finishes with an assessment – a quiz or a peer graded assignment. If you want to get better idea of what the peculiarities of writing in this subject field are, feel free to consult our Social sciences section. Bringing out the emotional or sympathetic aspects of the advocate's position will more effectively persuade the audience to agree with the position. Then, you'll clarify the purpose of the study, as well as the research question. Maintaining an objective voice is crucial to writing a credible and effective argumentative essay, but it’s often easier said than done. So the challenge for advocates is to present the very best arguments on behalf of the client while respecting these ethical duties. As it provides an excellent foundation for the skills and knowledge required for effective legal advocacy. I will come back to this point in much greater detail later. 2. It's difficult to imagine a jurisdiction in any adversarial system in which an advocate would be excused from these fundamental duties. 2001). I'm a Professor of Legal Writing and Advocacy at Suffolk University Law School in Boston Massachusetts. You'll want to know very soon whether the lawyer believes the accused to be guilty or not guilty, and how the lawyer plans to convince you. Put another way, logos allows one to think that one is right. IRAC is an acronym standing for Issue, Rule, Application, and Conclusion. Determine what kind of paper you are writing: An analytical paper breaks down an issue or an idea into its component parts, evaluates the issue or idea, and presents this breakdown and evaluation to the audience. Well, the same goes for slavery and human sacrifices, but nobody seems to be very eager to have them back. Is it even a legislative body? Third, a brief writer must not assert a legal argument unless there is a non-frivolous basis for doing so. That's why the next element pathos is critical to effective arguments. So regardless of the subject, you can write your thesis as an answer to that question or a problem. The University has 47 700 students and 7 500 staff based in Lund, Sweden. Much appreciated, [MUSIC] Hello, my name is Rosa Kim. Example 1. . More specifically, the third course discusses how to compete on the internal market and protect your brand, product or invention. The first course, Understanding the Fundamentals, examines the core structures and principles of the European Union. At the end of this course, you will have a basic understanding of how to: • Create a competitive edge for a company and apply the basic principles of EU competition law Is it a single trial judge, is it a panel of appellate judges or perhaps a mediator or arbitrator? Logos denotes a logic, pathos denotes emotion, and ethos denotes the character or reputation of the speaker. If your colleagues do not have any examples to offer, take advantage of the trial documents tool on Westlaw or LexisNexis. Unlike other forms of essays, you are trying to … Module 3. •In order to write a good legal argument, you need to make both your conclusion and your premises as clear as possible for the reader. . Your goal in persuasive writing is to present information and interpret the law in the light most favorable to your client. Regardless of the complexity of the law or the argument you are making, strive to keep your writing as simple and concise as possible. Unlike an objective memorandum whose purpose is to inform and predict an outcome. Write down a tentative thesis statement. And with the execution being an irreversible action, there is completely no logical reason for such an action being based on insufficient data – and there is no data sufficient to legitimize death. The programme is delivered in English and is open to students with at least a three year degree in Law (Bachelor, LL.B, or equivalent) who want to specialise in European economic and business law. What about the purpose of your argument? 325, 327. A thesis statement is usually 1-3 sentences in length. The Wrong Stuff, 1992 BYU L. Rev. This is a basic outline that will make it easier for you to write the dissertation: Introduction; To understand how to write a dissertation introduction you need to know that this chapter should include a background of the problem, and a statement of the issue. A good thesis statement acknowledges that there is always another side to the argument. However, subtlety and accuracy is key. In an adversarial system, if both parties are presenting their arguments in the best possible way using the strongest arguments that are available. Basically, write down what a person who disagrees with your position might say about your topic. For example, in a brief opposing a petition for review, I cited a case that emphasized that the court had only accepted jurisdiction in that type of case three times, which was "more rare than a blue moon, a total eclipse of the sun, or the birth of a Giant Panda in captivity." https://www.facebook.com/eblmooc/ No, it consists of separate people who try to work together; and as it is often the case when people work in groups, they generally work less effectively than individuals do, so, of course, there are mistakes, and even more than one can imagine. It makes sense to begin the introduction to advocacy with a brief discussion of classical rhetoric. How to Write, Edit, and Review Persuasive Briefs: Seven Guidelines from One Judge and Two Lawyers Judge Stephen J. Dwyer, Leonard J. Feldman & Ryan P. McBridet I. Obtaining Trademarks The Lund series in European Business Law ranges from considering the basic structures and principles of the European Union to focusing on specialized areas of European Union law. Ethos is so integral to a persuasive argument. Module 1. Be Persuasive Throughout You should state your conclusion in your first few sentences. Let us prove it right now. Under the US Model Rules of Professional Conduct, for example, there are some key ethical principles for advocacy. Lund University was founded in 1666 and has for a number of years been ranked among the world’s top 100 universities. A thesis is basically a problem or a question. Course I - Understanding the Fundamentals An argumentative thesis must make a claim about which reasonable people can disagree. A concise and persuasive brief makes a lasting first impression on the court, which can be advantageous throughout the course of the case. Tips for Writing Your Thesis Statement. If your argument rests on several bases or alternative grounds, be sure to organize the arguments from the strongest to the weakest. To view this video please enable JavaScript, and consider upgrading to a web browser that Advocacy and Legal Writing In fact, many legal academics and practitioners have recognized that the art of advocacy or persuasion can be traced to classical Aristotelian rhetorical theory. The most persuasive briefs break down complicated arguments into simple, easy-to-understand components. Think about that question and write down the best and the shortest possible answer. [MUSIC], To view this video please enable JavaScript, and consider upgrading to a web browser that. This is the first of a series of lectures on presenting legal arguments to a court. The importance of this human element, in some cases, can make or break an argument and cannot be overstated. Below are a few tips to make sure the first impression, and maybe only impression, is a great one. For a persuasive memo, you may also have a secondary audience to your legal arguments. Example: While some people think there is no way to divorce-proof your marriage, studies have shown that there are fewer divorces when people carefully prepare for that commitment.. It includes legal disciplines such as Intellectual Property law (IP law), Competition law and specific branches within Public law, such as public procurement and state aid. The court is then in the best position to adjudicate the issue correctly and justly. Module 4. Make sure that you include all relevant facts and all essential components of the legal standards at hand, while emphasizing the ones that help your case without being too argumentative. Use Your Resources Each course consists of a number of modules where one module represents about one week of work. So, include an opposing viewpoint (a counterargument) to your opinion. First, let's take logos. Instead of presenting the facts from a neutral point of view, craft a compelling recitation that highlights the facts that support your legal argument or theme. Besides providing learners with a sound knowledge base of European laws and regulations, the series explores business considerations within a broader perspective by including inputs from leading law practitioners in the field. Also consider stressing the absence of critical facts when it is advantageous to your case. When you’re writing a persuasive essay, you need more than just an opinion to make your voice heard. In addition to logic and emotion, there is a third crucial element, ethos. Paying Taxes and Complying with Environmental Standards Omitting relevant information or being misleading will compromise your credibility with the court. Customizing your writing to fit the given audience is an important part of persuasion. As judges and their clerks have a very limited amount of time to read and evaluate your brief, placement is key. Killing a murderer won’t resurrect the one who has been killed by him; but the murderer may turn out to be innocent if some additional evidence appears. Supra, at 326. © 2020 Coursera Inc. All rights reserved. . But the most common place for a thesis statement (and probably why you’re reading this article) is in an essay. Phrase your thesis statement as an argument, using words like “because” or “therefore” to state your point. First, a brief writer most not knowingly make a false statement of law or fail to disclose direct adverse legal authority in the controlling jurisdiction. To make an argument, you must start with a foundation of authority, a rule or a law that governs the problem at hand. Lund University unites tradition with a modern, dynamic, and highly international profile. Set up a big question in the title of your essay or within the first few... State an argument—and then refute it. To write a law essay, start by writing a thesis statement on your chosen topic. An argumentative thesis is . Education, research and interaction with the surrounding community are the main focus of the Faculty’s work. The students get the chance to engross themselves in traditional legal studies, while interacting with both researchers and professionally active lawyers with qualifications and experience from various areas of law. You want to provide the judge with a concise and persuasive overview of "why you win" without having to turn a page. Second, a brief writer most not knowingly make a false statement of fact. For visual impact, place your strongest arguments in bullet points after a phrase such as "This Court should grant Defendant’s Motion for Summary Judgment because . Unlike the audience for an objective legal memorandum, which would typically be a supervisor or colleague. Roll your mouse over the text for more information. Module 4. Employing and Working in Europe While reviewing the briefs, pull from the legal standards as a starting point, take note of any procedural nuisances, and mimic the crafting of arguments that will work to your advantage. Introduction 1. Answer a few simple questions. About the Series Such cases were and undoubtedly are with many of those who have been executed or are on the death row right now. See Wagner & Brown, Ltd. v. Horwood, 53 S.W.3d 347, 350 (Tex. Resolving Cross-border Disputes Placement Is Key This six-week course titled Competing in Europe is the third in a series of three exploring some of the main business aspects of European Union law. The state has legal right to apply force in order to solve disputes between people. This is why effective advocacy is such an important skill for lawyers. . A thesis can be found in many places—a debate speech, a lawyer’s closing argument, even an advertisement. Keywords: litigation, Judicial Intern Opportunity Program, JIOP, persuasive brief writing, /content/aba-cms-dotorg/en/groups/litigation/committees/jiop/articles/2014/tips-on-crafting-compelling-litigation-brief. Defending Patents ; An expository (explanatory) paper explains something to the audience. Although the whole point of an argumentative essay is to sway the reader’s opinion on a topic, any conclusion the reader forms on the topic should be driven by evidence that you present in your argument. Keywords: litigation, Judicial Intern Opportunity Program, JIOP, persuasive brief writing What about the purpose of your argument? • Find and understand relevant laws and regulations governing the internal European Union market European Business Law: Competing in Europe, Construction Engineering and Management Certificate, Machine Learning for Analytics Certificate, Innovation Management & Entrepreneurship Certificate, Sustainabaility and Development Certificate, Spatial Data Analysis and Visualization Certificate, Master's of Innovation & Entrepreneurship. Put simply, the art of persuasion is most successfully executed when the right balance is struck among three elements, logos, pathos and ethos. These steps will help you get your point across clearly and concisely: Turn the topic into a question and answer it. One way to do this is simply to state: In this essay, I will argue that … With eight different faculties and numerous research centers and specialized institutes, Lund is the strongest research university in Sweden and one of Scandinavia's largest institutions for education and research. Sample of Persuasive Essay on Law On Acceptability of Capital Punishment The proponents of capital punishment often say that it was a natural part of human society for thousands of years and only recently there appeared the idea that it is something unacceptable, horrible and immoral. Audience and purpose. Laws exist not for the convenience of officials, but for the citizens of the state; if the government murders an innocent, it hasn’t right to rule over these people – because it is an outright murder. Statements of fact or areas of general agreement cannot be argumentative theses because few people disagree about them. As Judge Kozinski noted, "simple arguments are winning arguments; convoluted arguments are sleeping pills on paper." Course II - Doing Business in Europe Constitutional Freedoms and Fundamental principles It has also become increasingly common for courts to decide cases without oral arguments, so the brief is often the be-all and end-all. Think of yourself as a member of a jury, listening to a lawyer who is presenting an opening argument. Ask your partners and peers to review similar briefs they have written in the past, spanning both the specific type of brief you are writing and briefs honing in on the same or similar issues. The Faulty of Law is one of Lund University’s four original faculties, dating back to 1666. So in sum, it is important to be mindful of the three elements of persuasion deriving from classical rhetorical theory, logos, pathos, and ethos, when crafting legal arguments. Even the strongest stance won’t be compelling if it’s not structured properly and reinforced with solid reasoning and evidence. Refute Objections: Another way to craft a thesis statement is to state one side of the argument and present a refuting statement. Now that I have that disclaimer out of the way, spoken like a true lawyer, we can begin. A compelling brief is not only persuasive in the argument section, but also subtlety persuasive throughout the entire brief. Having a tentative thesis statement at the outset can help your paper remain focused and grounded. An argument based on solid law and sympathetic facts can only carry the day if the individual making the argument is ethical, credible, and trustworthy. The problem with the death penalty is not simply that of moral. You're basic goal in persuasive writing is to support your client's legal position and to convince the audience to accept this position. Such as a client who is interested in reading or listening to the arguments. WRITING THE LEGAL ARGUMENT: A FEW WRITING SAMPLES Ira Mickenberg, Esq. Because an advocate must uphold his or her duty to abide by professional and ethical standards governing the jurisdiction as an officer of the court, and member of the bar. Obviously, each set of facts and circumstances will yield an appropriate way to handle this layer of of your argument. It is a modern faculty with an international profile, welcoming both international and Swedish students. All three courses can be taken independently or in sequence depending on your needs and preferences. Now two other important considerations should inform the construction of your persuasive written argument. Learn what elements every argumentative essay should include and how to structure it depending on your audience in this easy step-by-step guide. The programme provides both general and specific knowledge of the European Union legal framework, which is necessary for students intending to work as legal advisors or business decision-makers. Who is evaluating your argument and what is the goal of the argument? Additionally, the first page of your brief is prime real estate, as the judge may only have time to glance at your work. Making Business Transactions Module 5. Competition: Abuse of Dominance and Mergers You're basic goal in persuasive writing is to support your client's legal position and to convince the audience to accept this position. Customizing your writing to fit the given audience is an important part of persuasion. The connection between the three is particularly apparent in the programmes and courses offered by the university, including the university’s MOOC course in European Business Law. Module 3. Write an outline of the arguments you will use to support your thesis statement, then use that outline to build the body of your paper. in the style and eliminate the typical phrase introducing the parties to the court. ." Lund University Selling to the State and State Aid I will focus primarily on advocacy strategies that are universally applicable without regard to the particular legal system in which you practice or study. It is the problem of law and logic. Freedom of Movement Keep It Concise Module 1. The university annually attracts a large number of international students and offers a wide range of courses and programmes taught in English. The faculty offers three international Masters: two 2-year Master’s programmes in International Human Rights Law and European Business Law, and a 1-year Master’s in European and International Tax Law. If you are having trouble with space, replace party names with "et al." The most persuasive briefs break down complicated arguments into simple, easy-to-understand components. Module 2. Public Defender Trainer & Consultant 6 Saratoga Circle Saratoga Springs, NY 12866 (518) 583-6730 FAX: (518) 583-6731 imickenberg@nycap.rr.com Be clear about what you are asking from the court. Module 5. The assessments are intended to encourage learning and ensure that you understand the material of the course. Debatable. Participating in forum discussions is voluntary. Nice concept, but how does it apply to legal advocacy? Module 4. One may say that such cases are rare, but even one such case that takes place should be considered to be completely inadmissible. Competition: Illegal Agreements In the case of capital punishment, it considers it has right to decide whether this or that person deserves to live, thus, breaking the very foundation of its own existence. The fact that it wasn’t committed by a particular person doesn’t make it any less gruesome – on the contrary, the very fact that it is performed as a kind of mundane work, makes it much, much worse than the most disgusting murder committed by an individual. It is an incredibly powerful tool as well. That will be an argument or a fact or a definition which will be the center point of your thesis. Present the arguments in your brief as you would to a layperson or jury and eliminate any words that are not necessary. The proponents of capital punishment often say that it was a natural part of human society for thousands of years and only recently there appeared the idea that it is something unacceptable, horrible and immoral. Students from around 40 countries take part in the programmes which offer a unique subject specialization within each field, with highly qualified researchers and professional legal practitioners engaged in the teaching. The second course, Doing Business in Europe, examines legal areas such as Company law, Labour law, Tax law, Environmental law and Private International law, and how they tie in to doing business in Europe. An Argument. Outline your arguments. And ethos allows one to trust that one is right. Unlike an objective memorandum whose purpose is to inform and predict an outcome. In general, persuasive legal arguments should be outlined, and written, using the IRAC/CRRACC format. It uses logic and reason to present that one idea is more correct than the other. The state people live in had been created for the sole purpose of protecting their lives and property from any aggression, both inner and outer. Persuasive writing or also known as argument essay, explains a specific topic and attempts to persuade the readers that the writer’s stance is right or a certain idea is more valid than the other. For more information about the Master’s programme in European Business Law see https://www.law.lu.se/#!meb, This course was really helpful and aided in increasing my wealth of knowledge in intellectual property and European union competition law, Thank you very much - I have learned and developed tremendously during this course. Pathos allows one to feel that one is right. What Makes a Good Argumentative Essay? The audience for a persuasive memorandum is the court or other adjudicative body, and opposing counsel. The matter is, government isn’t an individual organism that has some kind of higher understanding of our reality. 2020 © Copyright Essay-Writing-Tips.com All rights reserved. And you must argue effectively that the authority supports your position. Case Clinic These model paragraphs show how a student has successfully identified the legal issues and applied those issues to the facts of the law. • Protect and defend a company’s products, brands and inventions by obtaining and licensing trademarks and patents Module 2. The choices you make in language and format will be informed by the particular audience you are addressing. Instead of simply reciting the legal standard from case law or copying it from a prior brief, explain how the standard works to your advantage. However, as you continue researching you might find that your thesis is … Syllabus and Format A lawyer's ethical duty also extends to acting as a zealous advocate for the client and making the strongest possible arguments on behalf of the client. Before I begin, keep in mind that while the backdrop for some of the points I will make is the US legal system. As Judge Alex Kozinski of the Ninth Circuit put it, you do not want to "bury your winning argument among nine or ten losers." When you write a response or a reply, identify your opponent’s argument at the outset of your counterargument, and refer to … Define your opponent’s argument. As Judge Kozinski noted, "simple arguments are winning arguments; convoluted arguments are sleeping pills on paper." To keep up to speed on the course series, visit our Facebook page at: Establishing a Company The matter in which you advance your arguments may differ greatly depending on the audience. The Master’s programme in European Business Law provides an in-depth understanding of both the practical and the theoretical aspects of business law within the European Union. –It is a good idea to make your conclusion clear from the outset. To write an effective argumentative essay, you need to know what a good one looks like. Your thesis will be governed by your thesis statement, which is a clear and concise summary of your argument. In addition to a solid structure, you’ll need an argument, a strong thesis, and solid research. Whether you’re writing an argumentative paper, an informative essay, or a compare/contrast statement, you need a thesis. Also, do not miss the opportunity to employ advocacy in the legal standard section, as this is frequently overlooked. In this model, the first sentence identifies the relevant legal argument while the second applies the law to the facts of the case. Legal Method and Sources Supra, at 326. That said remember that there may be specific or unique requirements for both written and oral advocacy in your particular jurisdiction that I will not necessarily address. Even though the MOOC course does not grant credits previous knowledge of the subject is considered upon admission to the master’s programme.