What follows is a simplified introduction to legal argument. It is concerned with the scheme of argument and with certain primary definitions and assumptions commonly used in legal opinions and analysis. This discussion is not exhaustive of all the forms of legal argument nor of the techniques of argument you will see and use this year. It is merely an attempt to introduce some commonly used tools in legal argument. It starts, as do most of your first-year courses, with the techniques of the common-law method and then proceeds to build statutory, regulatory, and constitutional sources of law into the reasoning framework.
Schneider, Carl E., co-author. "Life's Golden Tree: Empirical Scholarship and American Law." L. E. Teitelbaum, co-author. Utah L. Rev. 53, no. 1 (2006): 53-106.