Virginia has been a university English instructor for over 20 years. She specializes in helping people write essays faster and easier. There are a few instances when you might want to summarize an article. To show how an author's ideas support your argument To argue against the author's ideas To condense a lot of information into a small space To increase your understanding of an article What Needs to Be Included in a Summary of an Article?
Updated by Jeffrey S. Gutman The complaint frames the scope of the litigation. As detailed in Chapter 1 of this Manual, the complaint sets forth the facts, the legal theories, the relief requested, and advances the core theory of the litigation.
It will also serve as the first public face of the litigation, describing the case to the parties, the media, the judge, the clerks, and the opposing counsel and will set the tone for future discussion and communication about the case. Twombly 1 and Ashcroft v.
Iqbal 2require the legal aid attorney accustomed to liberal notice pleading to rethink her approach to complaint drafting. Prior to drafting the complaint, the advocate must conduct a reasonable investigation under the circumstances. We turn first to a complex aspect of that investigation - contacting employees of the prospective adversary.
When possible, use pre-litigation investigation rather than formal discovery to establish facts. A thorough investigation would often benefit from interviewing current or former employees of a potentially adverse corporate entity or government agency.
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
Its application to corporate or governmental employees that work for an opposing party is less clear and has been the subject of a great deal of commentary.
Before contacting an employee of a potential corporate adversary, you must consult your jurisdiction's rule of professional conduct, and cases and bar opinions interpreting writing a factual summary.
There are a wide range of applicable rules, from a blanket prohibition on contact through rules that are quite permissive. Contacting employees of government entities presents additional concerns: The Model Rule 4. Advocates should be aware of the case law in their jurisdiction regarding the ethical constraints of contacting organizational staff of adverse parties.
The practical difficulty of interpreting these standards remains. First, a lawyer seeking an interview often cannot know in advance whether the individual is covered by Rule 4.
Second, the rules of respondeat superior and vicarious admissions against interest, if applicable, are notoriously fuzzy, thus making it difficult to apply Rule 4.
Third, these rules differ somewhat from state to state and as between state and federal law. At bottom, if it turns out that the interviewee is covered by Rule 4. Yet, it is difficult to determine which path to take in situations where these principles are to be applied are varied and often unclear before the interview.
Purposes of the Complaint The complaint has at least five purposes: Commencing the Litigation A civil action commences upon the filing of the complaint with the court clerk.
The date of filing also sets the clock running for other dates, such as the deadline for serving the defendant with the summons and complaint. Of course, if your client is facing an irreparable injury, you will need to file the complaint promptly along with or immediately followed by a motion for temporary and preliminary relief.
While complaints can be amended fairly liberally, 23 doing so takes time and may ultimately delay resolution of the case. Often, the best approach is to spend the time needed initially to file a polished and thorough complaint. You must also bear in mind that litigation is like a chess match.
While the complaint is your first move, you must have subsequent moves in mind. Such tactics include filing a prompt motion for class certification, a motion for summary judgment on cases involving little or no discovery, or pressing for a prompt initial conference and discovery.
These strategies may call upon you to begin drafting additional documents before the complaint is filed. It is the first document that will be seen by the judge and law clerks and will be referred to by them repeatedly throughout the case.
The complaint may also have an audience in the clients, the defendants, opposing counsel, the public, the media, and other observers. The complaint must therefore be logically and narratively compelling so that, when the reader reaches the final page, he feels that a wrong has been committed, that your legal claims are sound, and that the relief you are requesting is reasonable and deserved.
In addition, the complaint is your first opportunity to present yourself as the attorney for the plaintiffs; thus, you want it to be error-free, well-written, persuasive, and reliable.
It should be focused and written in plain language. Drafting the preliminary statement is truly an art because, although it is neither an argument nor a detailed rehashing of the contents of the complaint, it must be convincing.
The balance of the complaint continues to tell the story of the case. As in an affidavit, each paragraph of the factual allegations should set out a simple, objective statement of fact.
It should allege with some precision which legal requirements have been violated, what defendants have done or have failed to do, and what relief is sought.
When drafting, never merely copy allegations from another complaint without clearly understanding whether those allegations are appropriate in the case and verifying that the allegations comport with the current law in your district or circuit. Ask colleagues in your office to review the complaint as a double-check for factual clarity and legal sufficiency.With thanks to: Swales, John M.
and Christine B. Feat. Academic Writing for Graduate Students, Essential Tasks and Skills. Ann Arbor: U Michigan P, Preparing to Write: To write a good summary it is important to thoroughly understand the material you are working with.
Here are some preliminary steps in writing a summary. 1. Guidelines for Writing a Counseling Memo • The memo is a summary of the counseling session. Do not include other matters in the memo that were not discussed in . Factual reports analyze and describe a situation and include a large amount of accurate data.
Successful report writers know that writing the report is only the end of the process. They plan their report, they consider its purpose and who is going to read it and they decide what to .
This handout explains the functions of introductions, offers strategies for writing effective ones, helps you check drafted ones, and provides examples.
This handout explains the functions of introductions, offers strategies for writing effective ones, helps you check drafted ones, and provides examples. Second Grade: Writing Sample 2 Second graders are polishing a wide range of basic writing skills, including writing legibly, using capitalization and punctuation correctly (most of the time!), and moving from invented spelling to more accurate spelling.
For instance, good issues for summary judgment might include the argument that the defendant owed no legal duty to the plaintiff; that the plaintiff failed to produce a writing to satisfy the.