hase of
legal study.
The Outline. An outline may recall to a person's mind what he already
has learned, but it is seldom definite and informative enough to be as
helpful as a brief. A good distinction of the two--besides the one
respecting the forms already given--is that the outline represents the
point of view of the speaker while the brief represents that of the
hearer. Consider again the analyses of Burke in this chapter. Notice
that the first list does not give nearly so clear an idea of what
Burke actually said as the third. A person seeing only the first might
_guess_ at what the speaker intended to declare. A person who looked
at the third could not fail to _know exactly_ the opinions of the
speaker and the arguments supporting them.
Pupils frequently make this kind of entry:
Introduction--Time
Place
Characters
The main objections to such an outline are that it tells nothing
definite, and that it might fit a thousand compositions. Even an
outline should say more than such a list does.
In one edition of Burke's speech the page from which the following is
quoted is headed "Brief." Is it a brief?
Part II. How to deal with America.
A. Introduction.
B. First alternative and objections.
C. Second alternative and objections.
D. Third alternative.
E. Introduction.
F. Considerations.
1. Question one of policy, not of abstract right.
2. Trade laws.
3. Constitutional precedents.
4. Application of these.
The Brief. One of the shortest briefs on record was prepared by
Abraham Lincoln for use in a suit to recover $200 for the widow of a
Revolutionary veteran from an agent who had retained it out of $400
pension money belonging to her. It formed the basis of his speech in
court.
No contract.--Not professional services.--Unreasonable
charge.--Money retained by Def't not given to
Pl'ff.--Revolutionary War.--Describe Valley Forge
privations.--Pl'ff's husband.--Soldier leaving for
army.--_Skin Def't_.--Close.
The following will give some idea of the form and definiteness of
briefs for debate.
CAPITAL PUNISHMENT
_Resolved:_ That capital punishment should be abolished.[1]
_Brief for the Affirmative_
I. Capital punishment is inexpedient.
(_a_) It is contrary to the tendency of civilization.
(_b_) It fails to protect society.
(1) It does not prevent murder.
(2) New crimes follow hard on execu
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