Persuasive Legal Writing

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Types of Persuasive WritingLetters to opposing parties and others
Memos and briefs directed at trial court judges
Briefs directed at appellate court judges

Alternative Names for Memos Directed at Trial Court JudgesMemorandum in Support of a Motion
Memorandum of Points and Authorities
Memorandum of Law
Brief in Support of (or opposition to) Motion

Function of Trial MemoThese documents usually accompany motions to dismiss, motion for summary judgment, or motion to amend a complaint, and are designed to convince the court that the motion should be granted.

Trial Briefs v. Briefs in Support of Motion

Don’t confuse the function of this type of memorandum or "brief in support of a motion" with a document, sometimes called a "trial brief," that is filed prior to trial to help judge prepare for case.

Trial Brief summarizes facts, lists witnesses, exhibits, etc. It is designed to help the judge prepare for trial.

Trial Memos v. Appellate Briefs

Both the trial memorandum and the appellate brief involve the same persuasive techniques. The major differences are:

appellate briefs are directed at appellate court judges while memoranda are directed at trial court judges.

appellate briefs are usually longer and involve additional materials not ordinarily included in trial memos.

Format for Persuasive Writing

Chapter 16 of the Edwards book contains a table comparing the content of a trial memorandum and an appellate brief on p. 256.

Instructions for the format to be used for class assignment can be found on the class web page under the title "Format for Memorandum to Accompany Motions"

Tips for Persuasive Legal WritingIn persuasive legal writing you should:

Point out inconsistencies in unfavorable precedents. Did the court really do what it said?

Attack the reasoning and the results of unfavorable decisions.

Use subheadings to stress parts of the rule that favor the writer’s position. Less favorable issues are de-emphasized by burring them in the discussion section.

Cardinal Rules of Persuasive Legal WritingSee p. 250 Edwards

Be honest
Be accurate
Be clear
While it should be as persuasive as possible, it must not misrepresent the law or the facts of the case.
Note six ethical responsibilities of brief writers listed in Edwards on pp. 250-252.

Formulating and Structuring a Favorable Rule

Key to persuasive legal writing is to convince the reader (usually a judge) to resolve any ambiguity in your client’s favor.
This is done by:

Formulating the statement of the legal rule in the way that most favors your client without misrepresenting the lower court’s holding.
Spining the facts in a way that puts your client in the best light without misrepresenting the truth.

In formulating a favorable rule, you should:
Appeal to stronger authority than what your opponent is relying on
Distinguish the facts of your case from unfavorable precedent cases
Bring in comparisons to the policy considerations behind precedent cases as well as the facts of those cases.

Table on p. 272 gives example of two alternative structures of the same rule designed to represent different interests.
Argument on left is organized by terms of the covenant, while the one on the right is organized by the standards for judging reasonableness. You use the structure that plays to your strengths.
Review answers to Exercise 1 on page 277 in Edwards.

Exercise 1, #1 on page 277 in EdwardsFormulation of constructive eviction rule

Constructive eviction occurs when all of the following are true:

The premises are rendered unsafe, unfit, or unsuitable for occupancy for the intended purpose.
The condition of the premises is caused by the landlord's wrongful act.
The tenant notified the landlord, and the landlord failed or refused to repair the premises.
The tenant vacates premises, if it is reasonably possible to do so.

Basis for formulation of constructive eviction rule

The premises are rendered unsafe, unfit, or unsuitable for occupancy for the intended purpose.
Derived from - Hankins (also Barton, Kaplan, Bermuda Ave

The condition of the premises is caused by the landlord's wrongful act.
Hankins: says intention to interfere with beneficial enjoyment (other cases pick up this language too) - doesn't say intent to get T to vacate
LL's intent can be implied from conduct (like the kind of intent we mean in Lucy v. Zehmer or the kind of intent we mean in battery - intent to do the act, not intent to cause harm); notice how Hankins states "intent" requirement and then implies that LL's wrongful act is enough)
Richards: can be "presumed" from act's effect (citing Hankins); see also Kaplan
Bermuda Ave

The tenant notified the landlord, and the landlord failed or refused to repair the premises.
particularly when the landlord had the ability to repair (Blvd Shoppes, Barton, Bermuda Ave)

The tenant vacates premises, if it is reasonably possible to do so.
Richards "generally" requires T to vacate within a "reasonable time." "Reasonable time" for this T means when she can find apt she can afford
Contrast with Stinson

Exercise 1, #3

Intent could be a problem because the facts don’t seem to establish that the landlord is trying to get the tenants to move.
What types of facts need to be gathered to deal with the problem of intent?

Premises unsafe, unfit, or unsuitable for intended purposeall facts about defects, especially health-related
demographic facts about who lives there

(children, older people, sick people)

facts about weather

(to establish consequences of lack of power)

Landlord's wrongful act:
facts establishing that these things are fixable
facts establishing that LL has power to fix
facts establishing that LL knows about problems
Notified landlord; failed or refused to repairdocument all complaints
document all LL responses

Tenant vacates premises, if reasonably possibledocument all efforts to locate other housing
document how expensive it would be to move
facts establishing client's income & resources

Exercise 1, #4

What, if anything, is wrong with avoiding all mention of intent and of the Hankins case?

Hankins is mandatory authority and thus the lawyer has an ethical duty to bring it to the court's attention. Also, the lawyer must not make a false statement of law. The lawyer's ethical duty may well require disclosing the persuasive authority as well.

Exercise 1, #5

Even if the applicable rules of professional ethics permit ignoring the troublesome authority, are there other reasons that such a decision would be problematic?

The opposing lawyer will probably cite Hankins. Therefore, if the first lawyer does not cite Hankins, the judge may suspect that the lawyer knew of the authority and purposefully did not disclose it. Since credibility is essential to good advocacy, this failure will have a detrimental impact, not only on this case but also on future cases before this judge or any other judge this judge talks to.
Not dealing with Hankins first sacrifices the chance to be the first lawyer to articulate its holding and to defuse whatever troublesome language it contains.

Drafting Working Headings

Point heading
a statement of your argument on a specific legal issue.

Dispositive legal issue
An issue on which a favorable ruling on that single point will result in the court awarding the relief sought.
Since state must prove all elements of a crime, a discussion of each separate element could be dispositive for the defendant, but not for the prosecution.

Threshold issue
An issue that determines the direction of the analysis from that point on.
Example: Standard of review

Paradigm
a format for presenting key parts of the argument.
see shaded box p. 307

Pure question of lawan issue where the facts are not relevant

Steps to follow in preparing your argument section

1. Identify Working Point Headings

Point heading should generally be used for each dispositive legal issue.
Point heading can also be used when you:

have a major threshold issue,
are responding to a brief that has given the issue a major point heading, or
must win on two major issues that are very different from each other. [example: where you are arguing both the breaching of the terms of a statute and the constitutionality of the statute.]

2. Drafting Working Point Headings

Working point headings should:
be in the form of a single, complete sentence,
identify and assert the correctness of the ruling your client seeks, and
state how the legal rule applies to your client’s facts
See example on p. 286

Exercise 1, pages 287

Exercise asks you to identify which of the three sample point headings would be appropriate for each side to use in legal memo.
Then to chose whether it should be

is, did, was
is not, did not, was not

Answer Exercise 1, p. 287

Arguing for Carson that Foodman should be disqualified you would use all three as follows:

Carson v. Janoff is substantially related to State v. Carson
Carson did not consent to Foodman’s representation of Janoff.
Janoff’s interests in Carson v. Janoff are materially adverse to Carson’s interests.

Arguing for Janoff that Foodman should not be disqualified you also use all three, but with the opposite conclusion:

Carson v. Janoff is not substantially related to State v. Carson
Carson did consent to Foodman’s representation of Janoff.
Janoff’s interests in Carson v. Janoff are not materially adverse to Carson’s interests.

Exercise 2, pp. 287-288

Requires you to identify best working point heading and components of each working point heading.
Which is the best?

Answers Exercise 2, pp 287-288

a. "Carson consented to Foodman’s representation of Janoff."

This wording does not assert the ruling sought

b. "The motion to disqualify should be denied because Carson’s failure to respond to Foodman’s letter constituted consent to the representation."

good; extra specificity is nice but not required at this stage

c. "The motion to disqualify should be denied because Carson consented to the representation"

good

d. "The motion to disqualify should be denied."

does not assert the conclusion about the part of the rule that entitles the client to the ruling

3. Identify single issue discussions

Single issues are those that can be decided separately. If the parts of the rule have to be considered together it is not a single issue rule.
Don’t use subheadings on single issue rules.

4. Draft working subheadings

Subheadings don’t need to assert entitlement (that point was made in main point heading)
Subheading just asserts conclusion about application of the facts to that particular subpoint
see burglary example on p. 289.

Exercise 3, pp. 289 - 290

Exercise asks you to:
Outline the rule
Draft a set of working point headings and subheadings for the disciplinary authority
Draft a set of working point headings and subheadings for Treyburn
Compare the headings. Do they cover the same things?

Answers for Exercise 3, p. 289-290

Headings for the disciplinary authority:

Treyburn is responsible for Wendell's actions because he ratified the actions after he had specific knowledge of them.
Treyburn in responsible for Wendell's actions because he was both a partner and had direct supervisory authority over Wendell, he knew of the conduct at a time when its consequences could be avoided or mitigated; and he failed to take reasonable remedial action.

Treyburn was both a partner and had direct supervisory authority over Wendell.
Treyburn knew of the conduct at a time when its consequences could be avoided or mitigated.
Treyburn failed to take reasonable remedial action.

Headings for Treyburn:

Treyburn is not responsible for Wendell's actions because he did not fall within any of the categories of the applicable disciplinary rule.

Treyburn did not order the actions.
Treyburn did not ratify the actions after he had specific knowledge of them.
Treyburn did not know of the conduct at a time when its consequences could be avoided or mitigated.
Treyburn took reasonable remedial action.

Umbrella Section

Umbrella section provides context for the argument that follows. It should include:
Summary of the rule and cite to controlling authority.
Explanation of the status of any relevant elements that won’t be discussed.
Assertion of correctness of ruling you seek based on elements to be discussed.
Identification of relevant standards of review.
Identification of the elements to be covered in the argument. Where helpful, explain the order.

Exercise 1, pages 301-302Identity of Components of Umbrella section

"To find the defendant guilty of burglary, the jury must find that the defendant (1) broke and (2) entered (3) the dwelling (4) of another (5) in the nighttime (6) with the intent to commit a felony therein. [citation]"

1. Summary of the rule and cite to controlling authority.

"The defendant does not contest the sufficiency of the evidence to establish the first four of these elements."

2. Explanation of the status of any relevant elements that won’t be discussed.

"The defendant challenges only whether the breaking and entering occurred in the nighttime and whether the defendant had formed the requisite intent when he entered the dwelling."

5. Identification of the elements to be covered in the argument

"This brief will show that the evidence established these final two elements as well."

3. Assert correctiness of the ruling you seek on the elements your brief will discuss.

I. THE BURGLARY INDICTMENT AGAINST THE DEFENDANT SHOULD NOT BE QUASHED BECAUSE THE EVIDENCE WILL ESTABLISH BOTH CHALLENGED ELEMENTS OF BURGLARY.

First main point heading in brief.

"To defeat a motion to quash the indictment, the state need only show that a reasonable jury could consider the expected trial evidence and find each challenged element present. [citation]"

4. Identification of Standard of Review

"The state's expected trial evidence more than meets this standard."

3. Asserting correctness of ruling you seek.

A. The evidence will show that the crime occurred in the nighttime.
The evidence will show that the defendant intended to commit a felony when he entered the house.

Subheadings in argument

Disputed v. Undisputed Facts

In most legal writing situations, both the interpretation of the facts and the interpretation of the law will be in dispute.
Standard paradigm for this type of persuasive writing is shown in shaded box on p. 304 of Edwards.

Paradigm for Argument Section in Standard Brief

See shaded box on p. 304Conclusion
Rule statement
Rule application
Factual conclusion
Rule application
Conclusion

Organization of Rule Application Section

Rule application section of the paradigm should be organized by:
By factor
By party
By theme

Exercise 3, page 314

Headings for Lupinos:
The Defendants are liable for the Plaintiff's injuries because they maintained an attractive nuisance.

The trampoline is an artificial condition.
The trampoline posed a risk that children, because of their youth, do not appreciate.
The Defendants knew or should have known that children were likely to trespass on the property.
The Defendants failed to exercise reasonable care to protect the Plaintiff from harm by the trampoline.

Headings for Carillos:The Defendants are not liable for maintaining an attractive nuisance because the children were aware of and appreciated the risk posed by the trampoline.
The Defendants are not liable for maintaining an attractive nuisance because they had no reason to believe that the Plaintiff was likely to trespass on the property.
The Defendants are not liable for maintaining an attractive nuisance because they exercised reasonable care to protect the Plaintiff from harm.

Paradigm for Pure Questions of Law

At both the trial and appellate court levels there are times in which the facts are not in dispute and the analysis focuses solely on "pure questions of law."
A common example of this is a memo filed in support of a motion for summary judgment.

Motion for Summary Judgment

A judgment is a decision by the court regarding the claims made by each side in a lawsuit.
A summary judgment is a judgment based on a finding that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
Purpose of trial is to determine disputed facts, so if there is no dispute over the relevant facts, there is no need to have a trial.
See C&E pp. 104-105.

Summary judgments are covered in Rule 56 of Federal Rules of Civil Procedure and in the Illinois Statutes at §§ 735 ILCS 5/2-1005.
Either plaintiff or defendant can file motions for summary judgment.
Motions for summary judgment are usually accompanied affidavits regarding the facts and by a legal memorandum explaining the law.

A motion for summary judgment is appropriately granted when the pleadings, depositions, and affidavits on file show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.
A summary judgment should be denied if a fair-minded person can draw a different conclusion from the facts set forth in these documents

In passing on motions for summary judgment, the court:
considers affidavits of respective parties as though they represented oral evidence of witnesses on the stand, and then
determines whether there would be something to go the jury or whether the court would be required to direct a verdict.

Paradigm for Pure Question of Law

See shaded box p. 307
Rule
Rule explanation
Rule application (if there are uncontested facts)
Conclusion
This is the paradigm to use in memo accompanying a motion for summary judgment assignment for next week.

Persuasive Appellate Brief Writing (CA) (2012)

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Held every year due to the outstanding evaluations (see testimonials), this seminar will show you how to draft a clear, persuasive appellate brief in both federal and state appellate courts.

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• How to avoid some common pitfalls in using legal authority 
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Faculty:

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Supervising Attorney
Ninth Circuit Court of Appeals

Paul Keller is a Supervising Attorney at the U.S. Court of Appeals for the Ninth Circuit, where he has served for more than twenty years.  He is also an Adjunct Professor at UC Hastings College of the Law, where he teaches Legal Writing & Research, Moot Court, and Appellate Advocacy.  Previously, Mr. Keller served as a law clerk for the Honorable Alfred T. Goodwin of the Ninth Circuit during his term as Chief Judge.  Mr. Keller received his J.D. from the University of San Francisco School of Law in 1986.

Greg E. Wolff, Esq.
Career Judicial Attorney/Senior Research Attorney
California Supreme Court

A seasoned career court attorney, Greg Wolff has been a judicial attorney in both the Court of Appeal in Los Angeles and at the California Supreme Court for more than twenty years.  He currently serves as a senior research attorney for an appellate court in the California court system.  As Supervisor of the Appellate Section of the Criminal Branch of the Los Angeles City Attorney's Office, and in the Appellate Section of the Civil Branch, Mr. Wolff has briefed and argued over 350 appeals and 100 writ proceedings.  He has been an Adjunct Professor at UC Hastings College of the Law since 2000, where he teaches Moot Court and Legal Writing & Research.  In 1977, Mr. Wolff received his J.D. from Southwestern University School of Law, where he was an editor of the law review.

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Writing to Persuade

MAY 7, 2013 BY SHELLEY RISEDENLEAVE A COMMENT

Great legal writing means not only writing logically and concisely, but also writing to persuade. A good trial brief makes perfect sense, but a great one, gets your audience to do what you want them to do. So how does one write persuasively? Here are some tips.

Writing to Persuade

Be specific about what the issue, question, or problem is. Writing a clear issue statement or specific question before you begin explaining your conclusion or answer can help keep your answer as clear and concise as possible and will ensure that your audience knows exactly what the issue is. A good legal question follows the format UNDER-CAN/DOES-WHEN.  The format contains the following components:

• the applicable law

• the legal question

• the key facts

Here is an example of how to set up a question in this format: I need to know if my client can file for divorce in Indiana. He and his wife have lived in Indiana for 5 months and separated last week.

My legal question then, is:

UNDER Indiana law [the applicable law], CAN a petitioner file for divorce [the legal question], WHEN he has resided in the state for 5 months and has been separated for 1 week [the key facts]?

Not only does the UNDER-CAN/DOES-WHEN format provide the reader with the precise question we are trying to answer, but it also gives anyone who wants to look for the answer the best keywords to use for a case law search, and provides them with the best place to start looking for applicable statutes. For example, in this case, the Indiana Family Law Code, which specifically controls divorce, with the keywords being ‘resided in Indiana for 5 months’ and ‘separated for 1 week’.

Present clear arguments. Writing a clear argument means following a well-defined ‘path’ to arrive at a specific conclusion. A clear argument holds the reader’s hand through the logic and leads them quickly and clearly, to the solution the writer had in mind. When writing for the Court, a clear argument follows the same logic that a higher Court has followed in the past. Of course, the best way to present a clear argument is to have case law that is controlling and on point. A case that is on point asks the same legal question and has similar key facts. It also uses the same law.

Support everything you can with facts and evidence. There is nothing more persuasive than supporting facts and evidence. Anything you write that can be proven true or likely to be true with a fact or a piece of evidence, should be followed by a description of the evidence or the fact that makes it more believable. For example, if I were to say that in Indiana, a Petitioner may not file for divorce unless one of the parties has lived in the state for at least 6 months, I would want to precede or follow that with a citation to and the text from the Indiana Code that says that. For example, I might say:

“Under IC 31-15-2-6, a Petitioner may not file for divorce in Indiana unless one of the parties has lived in the state for at least six months. The statute provides in relevant part:
(a) At the time of the filing of a petition under section 4 of this chapter, at least one (1) of the parties must have been:
(1) a resident of Indiana; or
(2) stationed at a United States military installation within Indiana;
for six (6) months immediately preceding the filing of the petition.”

Make your strongest arguments first. First impressions are made in writing, just as they are when meeting someone for the first time, and presenting your strongest argument first, helps to make the best first impression. It also sets the tone for the rest of the writing, lending you more credibility, and perhaps allowing the reader to look more favorably on your weaker arguments. There may be occasions, too, when a Judge does not read an entire brief, and having your strongest argument first, will ensure that it is read.

Anticipate the argument the opposing side is likely to make. Determining the potential weakness of your own arguments, and the counterarguments the other side may make is an important part of persuasive writing.  This means analyzing the strength of your own position as well as that of the opposing parties. This allows you to discredit the argument of the opposing party before he or she makes it.

Ask for what you want. Spell out very clearly in your writing what it is that you want, for example, if you want the Court to rule that your client was not negligent, say so. Do not make your reader guess what it is that you want. Your request for relief should be in the conclusion of your writing, which may be only one sentence long, for short one or two issue writings, or can be several paragraphs long, for more complex issues and longer writings.

Choose your language carefully. A large part of persuasion is the words you choose to use. For example, if you are trying to convince a Judge that the other party exhibited oppressive conduct in his business dealings with your client, you could say:

“That statute that governs oppressive conduct is…”

Or you could take the more persuasive approach, and say:

“The statute that prohibits oppressive conduct by a majority shareholder is…”

The second choice makes it very clear that the conduct of the other party is prohibited and describes him as a “majority” shareholder in order to make the point that he is the party with the most power, thereby insinuating that he took advantage of your client as a weaker party.

Keep your goal in mind. Keep the main objective of your writing in mind throughout the writing process. This will help ensure that your arguments are clear and concise and that you stay on track, creating a path that leads directly to the conclusion you wish for your reader to come to. For example, if you are writing a brief for the Court, explaining why your client’s behavior was not negligent, remember that this is the point of your writing, and try not to veer off point with facts or information irrelevant to the issue of your client’s behavior.

Use proper grammar. Run on sentences, incorrect punctuation, and poor grammar can take away from what it is that you are trying to say in your writing. Grammar mistakes make a writer sound less credible and therefore less effective at persuading the audience to see an issue a certain way.

Spell check. Spell check. Spell check. While you may not think that poor spelling can make a writing any less persuasive, it can. Many find it difficult to believe a writer who cannot spell, or use the spell check function of his or her word processing program.

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MANDATORY V. PERSUASIVE CASES Barbara Bintliff Copyright © 2001 West Group; Barbara Bintliff   It's pretty typical for law students, especially first-year law students, to get so involved in a legal research project that they forget what they're really doing. They find law review articles, statutes, cases, treatises, and encyclopedia entries on their topic, and yet don't know which to use or why to use it. They lose sight of the fact that, in the end, most legal research is a search for authority, something that will cause a court to decide in your favor or, better yet, that will cause your opponent to settle a case in your favor before it gets to court. Authority comes in several versions: primary and secondary, mandatory and persuasive.   Primary authority is that coming directly from a governmental entity in the discharge of its official duties. Primary authority includes documents like case decisions, statutes, regulations, administrative agency decisions, executive orders, and treaties. Secondary authority, basically, is everything else: articles, Restatements, treatises, commentary, etc. The most useful authority addresses your legal issue and is close to your factual situation. While decision makers are usually willing to accept guidance from a wide range of sources, only a primary authority can be mandatory in application.   Just because an authority is primary, however, does not automatically make its application in a given situation mandatory. Some primary authority is only persuasive. The proper characterization of a primary authority as mandatory or persuasive is crucial to any proceeding; it can make the difference between success and failure for a client's cause. This is true of all primary authority, but this column will address case authority only.   Determining when a court's decision is mandatory or persuasive can be tricky, given the multiple jurisdictions throughout the country and the layers of courts within each jurisdiction. Our court systems are founded on the belief that there should be fairness, consistency, and predictability in judicial decision making. The doctrine that expresses this concept is labeled stare decisis. In essence, stare decisis considers mandatory, or binding, an existing decision from any court that exercises appellate jurisdiction over another court, unless the lower court can show that the decision is clearly wrong or is distinguishable from the case at hand.   The following is a brief explanation of when the decisions of a particular court should be characterized as mandatory or persuasive. It deals only with the decision of the majority of the court; no matter how appealing in content, dicta, concurrences, and dissents will always remain persuasive. When Decisions Are Mandatory   Whether a decision of a particular court is mandatory, whether it must be followed by another court, depends on the source of the decision. As a general rule, the decisions of a court will be mandatory authority for any court lower in the hierarchy. Decisions from a court lower than the one in question are never mandatory. Federal Courts   United States Supreme Court--The decisions of the United States Supreme Court are mandatory authority in all courts, federal and state, when the decisions cover points of federal law.   United States courts of appeals--Decisions of the U.S. courts of appeals are mandatory on district courts and other lower courts within the circuit. Court of appeals decisions are persuasive authority in the other circuits, both for other courts of appeals and for lower courts. Federal courts of appeals decisions are not binding on state courts.   United States district courts--The decisions of U.S. district courts are mandatory on specialized lower courts if within the appellate jurisdiction of the district court (i.e., bankruptcy, territorial courts, etc.). District court decisions are not binding on state courts. State Courts   State supreme courts, on decisions of state law--The decisions of a state supreme court on that state's laws are mandatory authority for all lower courts in that state. State supreme court decisions will also be binding on federal courts that are interpreting the state's law under diversity jurisdiction.   State appellate courts, on decisions of state law--Decisions of state appellate courts, when adjudicating that state's laws, are mandatory on all lower courts in the state. (Note: In some states, the appellate courts are divided into circuits or panels. If this is the case, decisions of an individual circuit or panel most likely will be binding within the jurisdiction of that circuit or panel, and will be persuasive authority for other courts in the state. Check the court rules or case law in the state involved to understand how the system works.   State trial-level courts--State trial-level decisions will be mandatory authority only if the trial-level court exercises review over a lower court's decisions. For example, in many states, parties can have a review or rehearing of cases originally heard in the county courts, traffic courts, or municipal courts. When Decisions Are Persuasive   A court's decision can be used as persuasive authority in any state or federal courts that do not need to consider it mandatory. It is important to remember, however, that the degree of persuasiveness will vary, dependent on a wide range of considerations. For example, as a practical matter, the interpretations of federal laws by the federal courts of appeals and district courts might as well be mandatory on the state courts within the same jurisdictions, in situations where the state courts are interpreting federal law. That is, if a state court is hearing a case in which a federal claim is a part of a larger state claim, the state court will generally consider itself bound by the decisions of the U.S. district court of that state and the corresponding federal court of appeal on the federal matter.   Factual similarity is key to choosing among persuasive decisions; if the legal issues are the same, the decision based on the most closely matching factual situations will usually be the stronger persuasive authority. Other factors affecting the degree of persuasiveness of a decision include whether the opinion was particularly well reasoned, the stature of the jurist who authored the opinion, and the level of the court from which the decision came.   Courts frequently consider the larger context when choosing among persuasive decisions. A typical situation in which decisions from one state may be highly persuasive on another is where both states share a specific doctrine. For example, Texas courts may find decisions of Wisconsin courts in marital property cases quite persuasive because both states adhere to community property law. Rarely would either state consult its neighboring states on marital property law; both have neighbors that are common-law marital property states. In most other situations, however, Texas courts might find Oklahoma or Arkansas decisions more persuasive than those of Minnesota or Illinois (Wisconsin's neighbors), because demographic, geographic, or historic similarities may have led to the development of similar legal doctrines among neighboring states. Similarly, whether a state has adopted a particular uniform law can affect the persuasiveness of its decisions. Federal courts, too, look at the larger context when choosing among the range of persuasive decisions to consult.   Of course, a case cannot serve as precedent unless it is identified by the attorney and applied correctly in the case. Every time a case of interest is located, the researcher needs to ascertain whether it is mandatory or persuasive. Obviously, it's preferable to rely on a mandatory case than on a persuasive one. If only persuasive, its degree of persuasiveness must be identified. Reliance on many marginally persuasive cases will do much less good than reliance on one or two highly relevant ones. Efficient and effective legal research will allow you to locate the most relevant and persuasive cases available.

LOS ANGELES COUNTY COURT RECORDS   Los Angeles County BIRTH Records Los Angeles County DEATH Records Los Angeles County MARRIAGE Records Public viewing of Birth, Death, Marriage Records ANCESTOR Research in Los Angeles County Information that follows is from the County of Los Angeles and the Los Angeles Superior Court, last verified April 15, 2013. Questions, not answered here, should be directed to the Los Angeles County Superior Court (see link at end of page) or the Archives and Records Center (see below). Court Records Archives & Records Center Online Court Cases - Civil Cases Online Court Records - Index of Criminal Defendants Online Court Records - Divorce COURT RECORDS Copies of recent court documents - including orders regarding dissolutions of marriage and judgments of dissolutions, probate, name changes, criminal and civil cases – may be available at the headquarters courthouse in the judicial district where the case was handled.  Conduct case research online at Case Summary to determine where the case was heard. If the case concluded more than five years ago, records are likely at the Archives and Records Center, 222 N Hill St, Los Angeles, CA 90012.  (No phone orders are accepted). Some post-1999 civil case documents for cases heard at Stanley Mosk Courthouse may be found online at https://lasuperiorcourt.org/OnlineServices/CivilIndex, where they can be purchased and downloaded. See Online Court Records, Civil Cases below. In the Central District, visit or write the certification section in Room 112 at the Stanley Mosk Courthouse, 111 N Hill St, Los Angeles, CA 90012 or call (213) 974-5192 for information.  (No phone orders will be accepted.) ARCHIVES & RECORDS CENTER Mail requests for case documents to Archives and Records Center, 222 N Hill St, Room 212, Los Angeles, CA 90012.  Enclose a check, payable to the Los Angeles Superior Court, to cover the copying cost of documents, which is 50 cents per page and a certification fee of $15 per document.  If the document is a final judgment of divorce, add $15 for the certification fee.  If the copies are for official use in another country, there is an additional $20 exemplification fee. If you do not know the number of pages or the cost for copies, write below the long dollar line on your check the phrase: “Not to exceed $30.”  The clerk processing the order will fill in the actual amount and return a receipt with the copies.  Please enclose a self-addressed, legal-sized envelope.  Allow 45 working days for processing. Ordering case documents requires a case number. To search for a civil case number, provide the names of the parties and the year the case was filed to civil index staff members.  If the civil case was filed in 1965 or earlier, call the civil index clerk at (213) 974-1378.  For civil cases filed after 1965, call the civil index clerk at (213) 974-5171.  (An in-person index fee for civil searches costs $15 per name if a search takes more than 10 minutes.) Criminal case index searches for criminal cases filed before 1956 are performed at the Archives and Records Center, 222 N Hill St, Los Angeles, CA 90012; criminal cases filed 1957 and later are indexed at the Criminal Justice  Center, 210 W Temple St, Room M-6, Los Angeles, CA 90012.  (California law allows misdemeanor case records to be destroyed five years after their disposition.) Purchase case document copies in person at the Archives and Records Center, 222 N Hill St, Los Angeles, CA 90012, between 8:30 a.m. and 4 p.m. weekdays, except holidays.  Phone (213) 974-1196. ONLINE COURT RECORDS, CIVIL CASES Superior Court Website: https://lasuperiorcourt.org/OnlineServices/CivilIndex for Civil Party Name Search and https://lasuperiorcourt.org/OnlineServices/CivilImages for Civil Document Images. This web link allows downloading, for a fee, of scanned images of civil case records in lawsuits greater than $25,000 filed at Stanley Mosk Courthouse in Los Angeles. You may search for available case documents by either case number or party name.  Most, but not all documents filed with or generated by the Court since February 2005 are included; additional documents, both newly-filed and previously captured, are added on a daily basis. ONLINE COURT RECORDS, INDEX OF CRIMINAL CASE DEFENDANTS Superior Court Website: https://lasuperiorcourt.org/OnlineServices/criminalindex This web link allows the public, for a fee, online access to an index of defendants in criminal cases in the Los Angeles Superior Court. The online Index contains felony cases records from 1980 to the present and misdemeanor case records from 1988 to present. Some misdemeanor index information goes back to 1983, but this data retrieval date varies based on when the former Municipal Court locations automated their criminal records. ONLINE COURT RECORDS, DIVORCE Superior Court Website: https://lasuperiorcourt.org/ldos. This web link allows ordering of certified copies of divorce records online. Requests and payments may be made on the Court's website; copies are delivered by mail. Source: Los Angeles County Superior Court and Los Angeles County Return to Home Page or Return to Information on Los Angeles County Courts

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BENCH WARRANT
BOOKLET
HOW TO HAVE A
BENCH WARRANT
SERVED
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
To have a bench warrant served, refer to and fill out the following forms:
Bench Warrant Instructions (form L1166)
Bench Warrant (form L525)
Sheriff Service Instructions (form OCSD2)Information –Bench Warrant Instructions
L1166 (Rev. May 13, 2011)
SUPERIOR COURT OF CALIFORNIA
COUNTY OF ORANGE
www.occourts.org
BENCH WARRANT INSTRUCTIONS
A Bench Warrant is an order of the Court directing a Sheriff within the State of California to
arrest a person and bring him or her to the Court.
If a Bench Warrant has been authorized by the court on your case and you want to proceed
with the warrant, please do the following:
 Complete the Bench Warrant (#L525) and the Sheriff Service Instructions (#OCSD2).
 Identifying information must be entered on the Bench Warrant or it may not be entered
into the Sheriff’s warrant system. Please include as much information on the Service
Instructions as possible. For example, is there more than one address at which the
person can be found? Is there a particular time of the day when the party can most
likely be reached at a particular address? Do you know what kind of car the person
drives? Does he or she have any unique characteristics? If the Sheriff (or other
peace officer) is not given enough information, it may be impossible to serve the
warrant.
 Please submit the appropriate fees, if applicable, with the warrant. Go to the Sheriff’s
website of the county where your warrant will be served to obtain current fees.
 If your warrant is for an out-of-county Sheriff, please provide address for Sheriff and
return this page along with documents noted below:
Address: ________________________________________________________
City: _________________________________ Zip code: __________________
 Hand deliver or mail the completed Bench Warrant, Sheriff Service Instructions, and
any required fee to the Clerk’s Office at the Justice Center where your case is filed.
The Clerk’s Office will issue the warrant as appropriate and forward the completed
Bench Warrant and fee to the Sheriff’s Department.
Should an agreement be reached between you and the party the warrant was issued
against, or if the judgment is paid in full, you must immediately submit written notice
to the Clerk’s Office at the Justice Center where your case is filed so the warrant can
be recalled. Failure to do so may result in a wrongful arrest and possible legal action
against you.Form Adopted for Mandatory Use
L525 (Rev. May 31, 2011)
BENCH WARRANT Code of Civil Procedure, §§ 491.160,
708.170, 1209, 1993
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name & Address):
Telephone No.: Fax No. (Optional):
E-Mail Address (Optional):
ATTORNEY FOR (Name): Bar No:
FOR COURT USE ONLY
SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE
JUSTICE CENTER:
Central - 700 Civic Center Dr. West, Santa Ana, CA 92701-4045
Civil Complex Center - 751 W. Santa Ana Blvd., Santa Ana, CA 92701-4512
Harbor-Laguna Hills Facility - 23141 Moulton Pkwy., Laguna Hills, CA 92653-1251
Lamoreaux - 341 The City Drive, Orange, CA 92868-3205
North - 1275 N. Berkeley Ave., P. O. Box 5000, Fullerton, CA 92838-0500
West - 8141 13th Street, Westminster, CA 92683-4593
PLAINTIFF/PETITIONER:
DEFENDANT/RESPONDENT:
CASE NUMBER:
BENCH WARRANT Case assigned to:
Judge:
Department:
Date complaint filed:
Hearing/trial date:
TO: SHERIFF OF COUNTY ANY PEACE OFFICER OF THIS STATE
YOU ARE COMMANDED TO ARREST (name):
and bring him or her to the above named Justice Center, or the nearest court if in session, for the setting of bail in the
amount of the warrant or to release on the person’s own recognizance. Any person arrested pursuant to Code of Civil
Procedure §1993, shall be released from custody if he or she cannot be brought before the court within 12 hours of arrest,
and the person shall not be arrested if the court will not be in session during the 12-hour period following the arrest.
Physical description: Sex: M F Height: __________ Weight: __________ Race: _________
Hair Color: ___________ Eye Color: ____________ Age: __________ Date of Birth: ______________
The last known address of the person to be arrested is:
To be completed by the clerk:
BAIL SET AT: $ ___________ This warrant expires on (date):_____________
Upon posting bail or promising to appear, set appearance on (date) ________________________________
at (time) ________ (Dept) ________ located at the above Justice Center.
Good cause is shown as provided in Penal Code § 840 for nighttime service.
This person may be released upon a promise to appear as provided by Code of Civil Procedure § 1993.1.
The issuance of this warrant is for the following reason:
Failure to appear on (date): for an examination hearing (CCP 491.160, 708.170), served on (date):
 to appear on (date): pursuant to a subpoena (CCP 1993), served on (date):
Contempt (CCP 1209), served on (date):
Failure of witness to attend hearing (CCP 1993) on (date): , served on (date):
Other (specify): , served on (date):
Seal
Issued in the County of Orange on (date):
JUDICIAL OFFICER SHERIFF-CORONER DEPARTMENT
 ORANGE COUNTY- COURT OPERATIONS
Service Instructions
(Rev. 8/03) You will be notified by mail regarding the outcome of your service
OCSD2 (Rev 5/2011)
Case Number___________________________________
Court (check one): Santa Ana Fullerton Westminster Newport Beach Laguna Hills Lamoreaux Other ___________
TYPE OF PROCESS:
Plaintiff’s Claim and Order Civil Bench Warrant Summons & Complaint
Defendant’s Claim and Order Notice to Pay Rent (3-Day Notice) Summons & Petition
Order for Examination Notice to Terminate (30-Day Notice) Civil Subpoena
Order to Show Cause Small Claims Subpoena and Declaration Civil Subpoena Duces Tecum
Other ____________________________________________________________________________________________________
Additional Documents – Print on Back
INSTRUCTIONS FOR SERVICE OF THE ATTACHED DOCUMENTS:
SERVE DOCUMENT(S) ON:
(Please Print)
Name:___________________________________ Name:____________________________________________
Adderess:________________________________ Address:__________________________________________
________________________________________ _________________________________________________
Name:___________________________________ Name:____________________________________________
Address:_________________________________ Address:__________________________________________
________________________________________ _________________________________________________
LIST ANY SPECIAL INFORMATION: (Best hours for service, Corporate Officers names, etc.)
____________________________________________________________________________________________________________
____________________________________________________________________________________________________________
Physical description of person: Male, Female, Age _______ DOB ______________ Height _______ Weight ______
Race _________ Unique Characteristics______________________________________________
Substitute service is authorized on Summons Unlawful Detainer Action (Additional copy of process is required)
X Signature_________________________________________________________________________Date _________________
Print Name___________________________________________________________ Day Ph