The Idea of an Essay, Volume 3

Analysis & Response 103 associates and partners are usually more formal, employing precise legal terms, while letters to clients are inclined to be less formal, using more generally comprehensible terminology (Radulescu 370). The third type of legal writing is found in legal documents, such as contracts, wills, and deeds. Attorneys usually employ a form or template in drafting such documents, but this still requires updates and modification with each separate use. Each of these forms of legal writing relies heavily on authority, or precedent. Generally defined, precedent simply means the way a particular action has been done before; however, in the legal profession, precedent takes on a more specialized meaning (Radulescu 371). In legal writing, especially persuasive writing, precedent does not only refer to past practices, but to previous court rulings on a particular legal issue. Across the legal profession, writing is very cohesive with little to no stylistic deviation. Audrey Beck, a student at Notre Dame Law School, gives a reason for this saying, “Legal education is as much about learning how to explain the law to demanding audiences [through writing] as it is about studying the law itself.” Because of legal education’s intense focus on mode of expression, writing throughout the profession is standardized. Gonzales v. Raich, an example of persuasive legal writing, is a Supreme Court case addressing the legitimacy of Congress’ power under the Commerce Clause of the United States Constitution to enforce the Federal Controlled Substances Act (CSA), which prohibits the intrastate, non-commercial, private cultivation and use of marijuana. The Court ruled that even though the plaintiff’s activities were local and non-commercial, the activities, taken in the aggregate, could have a substantial economic effect on interstate commerce, and are therefore under the authority of the Commerce Clause. As is common in all case briefs and court rulings, Gonzales v. Raich is a persuasive document with a formal style that uses a technical and specialized vocabulary to detail the legal facets of a certain issue. The Gonzales Court’s majority directs the opinion first to the principal parties, followed by Congress, and the legal community to whom it may be relevant in varying degrees. It is structured similarly to an argumentative essay, complete with a thesis, supporting evidence in the form of references to precedent,