Week 7 Lab Work LR$W - Research Paper Example

Office Legal Writing Legal writing should be well calculated and systematically done. Of importance is the prewriting stage since it is basically the shape that the end product takes. Lack of preparedness or meticulous planning and execution could lead to gathering inconclusive evidence that could compromise a case. As such it is important to take time when formulating a legal material and when documenting facts. This paper is an attempt to scrutinize the prewriting stage of legal writing with regard to the Commonwealth vs.

Jones case study.The prewriting process in legal writing involves three major stages herein discussed with regard to the case study in question. The first is stage is the organization stage. It entails preparing to look into the case and delve into the evidence, how to sort and classify it. For the case study, we need to prepare an extended outline (Webley 12). The second and subsequent stage is the research stage. In the research stage, we look into the facts that pertain to the case and classify them accordingly.

We identify the issue then research the issues one at a time and familiarize ourselves with the area of law that caters for the case. In this case, we research the events of the night, the basis of allegations and their substantiality. We then consider the legal implications and likely outcomes of any stances we take(Webley 14). This is stage has done in the next paragraph of this paper. The third stage is analysis. In analysis, we make a write-up of the facts arrived at and document a solid conclusion in light of the evidence and facts against the balance of the law (Putman 166)IssueCommonwealth vs.

Jones ; attempted murder, battery, false imprisonment and assaultAssault by means of a dangerous weapon – lightninga. Formulations of the issueDuring a violent electrical storm he tied the wife to the lightning rodHe told her “I will fix you. You are gonna fry” (Putman, 117)Analysisa. Rule of lawThe statutory law governing the state of Massachusetts provides, “Whoever by means of dangerous weapon, commits assault and battery upon another shall be punished by imprisonment in the state prison for not more than five years…” (Putman, 117)b.

Case LawCommonwealth vs. SheaName and Citation Sedrick JonesBrief summaryThe accused has been in a 10 – year stormy relationship with Elizabeth Steward which has had a history of domestic violence. During a violent electrical storm after a bout of drinking and argument, he dragged her outside and tied her to the lightening pole and told her “I will fix you. You are gonna fry”. (Putman, 117) Complete statement The states claim is baseless as Mr. Jones was drunk and angry therefore was not in total control of himself or his actions.

He also did not wield the said weapon. Lightening that did not strike was therefore like a weapon he never had. (Putman, 117)ReferencesPutman, William H., Legal Research, Analysis and Writing, Cengage Learning, April 17, 2009.Webley, Lisa. Legal Writing, Routledge, October 12, 2012.