The process of rule explanation is an important part of legal analysis, because it informs the legal reader, be it another attorney or a judge, how the legal rule has been applied in past cases. In other words, the rule explanation is where we use case law “to define, explain, and exemplify” the legal rule that determines the outcomes of the client’s problem or dispute. Legal writing texts refer to this discussion of past cases as case illustrations, case descriptions, or case examples, and they often devote substantial space to the topic. This column highlights four tips for improving the content and clarity of your case illustrations, which can be used when writing rule explanation paragraphs in predictive or persuasive legal writing.
Henke, Melissa N., "Explain It To Me: Tips for Effective Rule Explanation in Legal Analysis" (2019). Law Faculty Popular Media. 55.