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Five Tips for a Great Legal Writing Assignment

September 25, 2012 By Lee Burgess 2 Comments

• Follow the format outlined by your professor. It is likely your legal writing professor has given you instructions for the overall format of your legal writing assignment. In addition, your professor may have given you formatting instructions for the body of your assignment, such as that you need to follow IRAC. Whatever the instructions, follow them . Sure, you may think it is an overly formal or a frustrating way to write—but to be honest, no one cares. You need to write for your professor . It is more important to write in the way your professor has outlined, than as you personally prefer. And it is not going to be the last time your writing will need to conform to someone else’s rules. As a working attorney you often need to write in the format requested by your boss or even by the court. So get used to it!
• Remember, your writing doesn’t need to be full of legalese—the best legal writing is often simple! So many law students make the mistake of thinking that to “sound like a lawyer” they must use every possible legal term out there. This is just not the case. Often the most effective legal writing is very clear and concise and only uses legal terms or “legalese” when appropriate (say, when you are using a term of art). It is also important to work on writing in a clear, concise way because your assignments may have maximum word count. So using extra words to sound “more professional” won’t really help your grade in the end.
• Answer the question asked by your assignment. Often students get so caught up in writing their assignment that they forget to focus on the question that was asked of them. It is important to read and re-read (and even read again) the assignment sheet. You don’t want to make a mistake and write something off topic. Remember, answering the question is key to getting a good grade!
• Plan before you write. A great legal writing assignment is organized. And for most of us this means that you need to plan your paper just as you would plan an essay or any other project. Organization is key and it takes time to sit with the research and develop your answer. Make sure you build this time into your plan of how you are going to get your assignment done.
• Proofread and double-check citations. As an attorney-in-training, it is very important to present yourself in a professional way. That means that you need to proofread your assignments to present yourself in a professional way to your professor as well. If your assignment is riddled with typos, it is distracting for the professor and likely will cause your grade to drop. Also, students often are lax when handling citations. You are typically graded on the accuracy of your citations. Citations are not hard, but you must be detail oriented and look things up! I have seen many a legal writing grade go down because students didn’t spend adequate time or energy on citations. Don’t let this happen to you.

Legal writing, like most things, gets easier the more that you do it. So do every practice assignment assigned and get as much feedback as you can. This will help you become an excellent legal writer, which is a critical skill in our profession.

Check out these other helpful posts:

• Surviving the first weeks of law school .
• Law school exam prep 101 .
• Getting feedback on past exams is critical .
• Pay attention in class, it can save you time !

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About Lee Burgess

Lee Burgess, Esq. is the co-founder of the Law School Toolbox , a resource for law students that demystifies the law school experience and the Bar Exam Toolbox , a resource for students getting ready for the bar exam. Lee has been adjunct faculty at two bay area law schools teaching classes on law school and bar exam preparation. You can find Lee on Twitter at @leefburgess , @lawschooltools , & @barexamtools .

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Thank very much for the tips i have just read they been beneficial to me because am a distance law school student.

I need more guide to legal writing because am lecturing this course for Magistrates

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How to Write a First-Class Law Essay

Studying law at university entails lots of essay writing. This article takes you through the key steps to writing a top law essay.

Writing a law essay can be a challenging task. As a law student, you’ll be expected to analyse complex legal issues and apply legal principles to real-world scenarios. At the same time, you’ll need to be able to communicate your ideas clearly and persuasively. In this article, we’ll cover some top tips to guide you through the process of planning, researching, structuring and writing a first-class law essay with confidence. 

1. Start In Advance

Give yourself plenty of time to plan, research and write your law essay. Always aim to start your law essay as soon as you have the question. Leaving it until the last minute does not only create unnecessary stress, but it also leaves you insufficient time to write, reference and perfect your work.

2. Understand The Question

Do not begin until you fully comprehend the question. Take the time to read the question carefully and make sure that you understand what it’s asking you to do. Highlight key terms and annotate the question with definitions of key concepts and any questions that you have have. Think about how the question links back to what you’ve learned during your lectures or through your readings.

3. Conduct Thorough Research

Conducting thorough research around your topic is one of the most fundamental parts of the essay writing process. You should aim to use a range of relevant sources, such as cases, academic articles, books and any other legal materials. Ensure that the information you collect is taken from relevant, reliable and up to date sources. Use primary over secondary material as much as possible.

Avoid using outdated laws and obscure blog posts as sources of information. Always aim to choose authoritative sources from experts within the field, such as academics, politicians, lawyers and judges. Using high-quality and authoritative sources and demonstrating profound and critical insight into your topic are what will earn you top marks.

4. Write A Detailed Plan

Once you’ve done your research, it’s time to plan your essay. When writing your plan, you’ll need to create an outline that clearly identifies the main points that you wish to make throughout your article. Try to write down what you wish to achieve in each paragraph, what concepts you want to discuss and arguments you want to make.

Your outline should be organised in a clear, coherent and logical manner to ensure that the person grading your essay can follow your line of thought and arguments easily.  You may also wish to include headings and subheadings to structure your essay effectively This makes it easier when it comes to writing the essay as starting without a plan can get messy. The essay must answer the question and nothing but the question so ensure all of your points relate to it.

Start Writing Like A Lawyer

Read our legal writing tips now

5. Write A Compelling Introduction

A great introduction should, firstly, outline the research topic.  The introduction is one of the most crucial parts of the law essay as it sets the tone for the rest of the paper. It should capture the readers attention and provide the background context on the topic. Most importantly, it should state the thesis of your essay.

When writing your introduction, avoid simply repeating the given question. Secondly, create a road map for the reader, letting them know how the essay will approach the question. Your introduction must be concise. The main body of the essay is where you will go into detail.

6. Include A Strong Thesis Statement

Your thesis should clearly set out the argument you are going to be making throughout your essay and should normally go in the introduction. Your thesis should adopt a clear stance rather than being overly general or wishy-washy. To obtain the best grades, you’ll need to show a unique perspective based upon a critical analysis of the topic rather than adopting the most obvious point of view.

Once you’ve conducted your research and had a chance to reflect on your topic, ask yourself whether you can prove your argument within the given word count or whether you would need to adopt a more modest position for your paper. Always have a clear idea of what your thesis statement is before you begin writing the content of your essay. 

7. Present the Counter-argument

To demonstrate your deeper understanding of the topic, it’s important to show your ability to consider the counter-arguments and address them in a careful and reasoned manner. When presenting your counterarguments, aim to depict them in the best possible light, aiming to be fair and reasonable before moving on to your rebuttal. To ensure that your essay is convincing, you will need to have a strong rebuttal that explains why your argument is stronger and more persuasive. This will demonstrate your capacity for critical analysis, showing the reader that you have carefully considered differing perspectives before coming to a well-supported conclusion.

8. End With A Strong Conclusion

Your conclusion is your opportunity to summarise the key points made throughout your essay and to restate the thesis statement in a clear and concise manner.  Avoid simply repeating what has already been mentioned in the body of the essay. For top grades, you should use the conclusion as an opportunity to provide critical reflection and analysis on the topic. You may also wish to share any further insights or recommendations into alternative avenues to consider or implications for further research that could add value to the topic. 

9. Review The Content Of Your Essay

Make sure you factor in time to edit the content of your essay.  Once you’ve finished your first draft, come back to it the next day. Re-read your essay with a critical perspective. Do your arguments make sense? Do your paragraphs flow in a logical manner? You may also consider asking someone to read your paper and give you critical feedback. They may be able to add another perspective you haven’t considered or suggest another research paper that could add value to your essay. 

10. Proofread For Grammatical Mistakes

Once you’re happy with the content of your essay, the last step is to thoroughly proofread your essay for any grammatical errors. Ensure that you take time to ensure that there are no grammar, spelling or punctuation errors as these can be one of the easiest ways to lose marks. You can ask anyone to proofread your paper, as they would not necessarily need to have a legal background – just strong grammar and spelling skills! 

11. Check Submission Guidelines

Before submitting, ensure that your paper conforms with the style, referencing and presentation guidelines set out by your university. This includes the correct font, font size and line spacing as well as elements such as page numbers, table of content etc. Referencing is also incredibly important as you’ll need to make sure that you are following the correct referencing system chosen by your university. Check your university’s guidelines about what the word count is and whether you need to include your student identification number in your essay as well. Be thorough and don’t lose marks for minor reasons!

12. Use Legal Terms Accurately

Always make sure that you are using legal terms accurately throughout your essay. Check an authoritative resource if you are unsure of any definitions. While being sophisticated is great, legal jargon if not used correctly or appropriately can weaken your essay. Aim to be concise and to stick to the point. Don’t use ten words when only two will do.

12. Create a Vocabulary Bank

One recurring piece of advice from seasoned law students is to take note of phrases from books and articles, key definitions or concepts and even quotes from your professors. When it comes to writing your law essay, you will have a whole range of ideas and vocabulary that will help you to develop your understanding and thoughts on a given topic. This will make writing your law essay even easier!

13. Finally, Take Care of Yourself

Last but certainly not least, looking after your health can improve your attitude towards writing your law essay your coursework in general. Sleep, eat, drink and exercise appropriately. Take regular breaks and try not to stress. Do not forget to enjoy writing the essay!

Words by Karen Fulton

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10 Strategies For Writing Law Assignments Like A Pro

Are you a law student who’s struggling with writing law assignments? You’ve got a tough assignment coming up. You’re nervous, and you’re not sure how to write it.

Well, you’re not alone, most law students often struggle with law assignments and prefer to seek law assignment help . This is because law school assignments are quite different from other types of written work. They require in-depth research and a good understanding of the subject. Plus, you also need to present your ideas clearly and concisely in a way that made sense to the audience.

But don’t worry! We’ve got some great tips to help you write like a pro, no matter what type of law assignment you’re dealing with. Whether you’re learning about the law of torts, contract law, or property law, these strategies will help you tackle any type of legal assignment.

And best of all? They won’t take much time out of your busy schedule. So let’s start exploring proven strategies to write an outstanding law assignment!

How To Write Law Assignments Like A Pro?

Whether you’re a student or a lawyer, here are 10 strategies to help you write like a pro:

1.   Read, Take Notes, And Then Read Some More.

The first step in writing a law assignment is to read the question carefully. In order to write an effective answer, you need to understand the question first. Read it over and over again, looking at each word and phrase for meaning.

Look at the assignment instructions as well—are there any specific formatting requirements? What kind of format do you need to follow?

Read relevant case law, legislation, or other sources of information that might help make your argument stronger. It’s important to know where in these documents you can find what you need. So when it comes time for writing your own version of an argument, everything fits together nicely!

Take notes as you go along—this will help keep track of all those details about what was said where (and when). Then review those notes before moving on. Make sure they are clear enough so you can understand them without too much trouble too!

1.   Break It Down Into Steps And Set Yourself Deadlines.

In law school, assignments are often long and complicated. This makes it easy for us to get overwhelmed by the amount of work we have on our plates. To help stay organized and focused, break down your assignment into manageable steps and set yourself deadlines for each step.

Also, Be consistent with your writing style and tone. You don’t want your reader confused by whether they’re reading someone who’s trying really hard or someone who doesn’t care about their work or their audience at all.

2.   Use Different Sources And Be Critical Of Them.

If you’re writing a law assignment, it’s important to use multiple sources. This helps give you a balanced view of the material and makes sure that you get all sides of an argument. While this can sometimes feel like too much work, it will pay off in the long run by giving your reader access to an accurate representation of what happened in court cases or legislative debates.

You should also be critical when evaluating these sources: check their dates of publication. Make sure they were written by experts on their topic. Ensure they are unbiased (not taking sides). Determine if they’re credible (whether or not they have credibility within their field).

3.   Plan Your Essay Before You Start Writing.

When you’re writing an essay, it can be tempting to dive right in and start writing. But this is a mistake because it leads to writer’s block and procrastination. Instead, plan your professional law essay help before you start writing!

Planning helps you stay on track by giving your brain something familiar to focus on during the process of creating new sentences and paragraphs (instead of being stuck on one word). Planning also helps prevent writer’s block from happening. Once you have an outline for your paper or assignment, there are no more excuses for not being able to write anything else—you’re just doing what needs doing!

4.   Make A Schedule And Stick To It

Making a schedule and sticking to it is one of the most important things you can do when writing law assignments.

• Make sure that you set aside time each day for writing. It’s easy to get distracted by other things, so make sure your schedule includes breaks in between writing sessions!
• Don’t try to do too much at once—it’s more productive if you take breaks and spread out your workload over several hours or days instead of trying to complete everything all in one go (or even worse, procrastinating and ending up doing nothing).
• One of the best ways to stay organized is by using a planner or calendar. This will help you plan out your assignments so that you don’t get overwhelmed by all the work that needs to be done.
• It’s also important to make sure that your schedule takes into account any other commitments or responsibilities in your life—such as part-time jobs, etc.

5.   Take A Break And Come Back To It With Fresh Eyes.

You don’t have to keep writing until you finish the assignment. It’s fine if you take a break every few pages or so and come back with fresh eyes. There are many ways that taking breaks can help improve your writing.

First, it gives you time to think about what you’re doing and how it makes sense. Second, taking breaks allows writers to process information better than if they were just sitting behind their computers all day long trying desperately not to fall asleep.

When you’re writing, it’s easy to get distracted by social media or TV shows, but don’t make the mistake of thinking that these things will help you write better. Instead, use them as rewards after your work is done!

6.   Don’t Forget About The References!

References and citations are essential for your assignment. Make sure to format your references correctly and cite them correctly, too. Be sure to include citations in the body of the text, and use them correctly. For example, if you cite a case, put the citation in parentheses after the quote. If you cite an article, put it in square brackets after the quote.

The best way to avoid plagiarism is by following the proper citation method of author, title, page number(s), year published, and name of publisher or journal (if possible). For example: “Chapman & Hall Law Review article by Bhatia v. State of Texas (2016)”

The key is to ensure that when your reader looks at your paper they know where to find what you’re talking about. If ever you have any doubts about what a source says in its reference section then check it with another source first before quoting it directly.

7.   Proofread And Proofread Again.

Proofreading is the most important step in writing law assignments as a professional. It is a key part of writing and should be done before you submit your work for review

Make sure you have a good grasp of the material before proofreading and make sure to use a dictionary and grammar checker. If you’re not careful, your work could be riddled with errors that make it hard for the reader to understand what you have written.

You can ask a friend or family member to read your paper before your professor grade it. You can also pay someone else to do this work for you or maybe even hire an expert proofreader at an hourly rate!

8.   Know When To Ask For Help

If you’re struggling with an assignment, don’t hesitate to ask for help. It’s perfectly fine to reach out and ask your professor or classmates for assistance in completing the assignment. If there are no other options available, though, don’t hesitate to reach out to senior students who might have more experience than you do with this type of writing assignment.

Finally, think about taking advantage of resources outside of class. Library staff members will often feel happy simply by hearing from their peers that they need some extra help!

9.   Make Sure You Don’t Forget Your Priorities

It’s important to remember that you can’t always be writing . You also have to eat, sleep, and exercise—you need your body to be healthy so that it can do its job.

You should also make sure you’re not neglecting other important things like going out with friends or having fun!

If you find yourself struggling with writer’s block, don’t feel like it’s a sign of failure. It can happen to anyone, even professional writers. The most important thing is to remember that you’re not alone—and there are plenty of ways you can overcome it!

If possible, go back and check your research sources again before starting on your paper—you might find something new!

10. Turn Your Law Assignments From Nightmares Into Manageable Tasks.

The k step to turning your law assignments into manageable tasks is staying on top of things. You can do this by setting deadlines, sticking to them, and keeping everything organized—like your research material. As long as you keep focused and stay on top of things, you can turn your law assignments from nightmares into manageable tasks.

Here are some tips for managing your time effectively:

• Keep track of when you’re going to write each assignment. This will also help prevent procrastination from creeping up on you!
• If possible, try scheduling breaks during working periods instead of staring at a computer screen all day long. This will help keep your mind fresh and you can give proper attention to your task.

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• Back to Law guide

New to Law at Monash? This page provides links and tips to help you through your first semester or trimester.

Week 1 and 2

• Take our interactive tutorial about academic integrity .
• Learn essential research skills in Library workshops. Workshops are run as part of first-year Law units for both undergraduates and postgraduates.
• Read the resources on your unit Moodle sites , which include important information from your lecturers about the units you'll be studying as well as information from the library to help you learn legal research and writing skills.

Your first assignment

Understanding your assignment.

• Check your unit guide or Moodle site for assignment requirements and marking rubrics.
• Use legal dictionaries and encyclopaedias to look up terms and concepts you're not familiar with.
• Learn how to approach law assignments .

Doing your research

• Learn about legal research skills .
• Use the key law databases .
• Find relevant cases , legislation and commentary .

Writing the assignment

• Read our tutorials on writing case notes or writing legal essays .
• Make sure you cite and reference your sources correctly.

Throughout the year

• Take good notes in lectures to help you revise.
• Get advice from our librarians at a drop-in session .
• Use these resources to learn more about cases and the courts.
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• How to Prepare for Law School
• How to brief a case
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How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: Cases and Materials ,

Third edition (lexisnexis 2009) by michael makdisi & john makdisi.

C. HOW TO BRIEF

The previous section described the parts of a case in order to make it easier to read and identify the pertinent information that you will use to create your briefs. This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves. Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.

Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. As a practicing lawyer, your client doesn’t care if you brief, so long as you win the case. The judges certainly don’t care if you brief, so long as you competently practice the law. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.

What are the elements of a brief? Different people will tell you to include different things in your brief. Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following:

(a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment)

(b) Issues (what is in dispute)

(c) Holding (the applied rule of law)

(d) Rationale (reasons for the holding)

If you include nothing but these four elements, you should have everything you need in order to recall effectively the information from the case during class or several months later when studying for exams.

Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above. Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Dicta. Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use. To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements. At a minimum, however, make sure you include the four elements listed above.

Elements that you may want to consider including in addition to the four basic elements are:

(e) Dicta (commentary about the decision that was not the basis for the decision)

(f) Dissent (if a valuable dissenting opinion exits, the dissent’s opinion)

(g) Party’s Arguments (each party’s opposing argument concerning the ultimate issue)

(h) Comments (personal commentary)

Personal comments can be useful if you have a thought that does not fit elsewhere. In the personal experience of one of the authors, this element was used to label cases as specific kinds (e.g., as a case of vicarious liability) or make mental notes about what he found peculiar or puzzling about cases. This element allowed him to release his thoughts (without losing them) so that he could move on to other cases.

In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements:

(1) Facts of the case (what actually happened, the controversy)

(2) Procedural History (what events within the court system led to the present case)

(3) Judgment (what the court actually decided)

Procedural History is usually minimal and most of the time irrelevant to the ultimate importance of a case; however, this is not always true. One subject in which Procedure History is virtually always relevant is Civil Procedure.

When describing the Judgment of the case, distinguish it from the Holding. The Judgment is the factual determination by the court, in favor of one party, such as “affirmed,” “reversed,” or “remanded.” In contrast, the Holding is the applied rule of law that serves as the basis for the ultimate judgment.

Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece.

The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form. A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle.

D. EXTRACTING THE RELEVANT INFORMATION: ANNOTATING AND HIGHLIGHTING

So now that you know the basic elements of a brief, what information is important to include under each element? The simple answer is: whatever is relevant. But what parts of a case are relevant? When you read your first few cases, you may think that everything that the judge said was relevant to his ultimate conclusion. Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief. Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case.

What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story. If you forget the story, you will not remember how the law in the case was applied. You should also include the facts that are dispositive to the decision in the case. For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. To the extent that the procedural history either helps you to remember the case or plays an important role in the ultimate outcome, you should include these facts as well.

What issues and conclusions are relevant to include in a brief? There is usually one main issue on which the court rests its decision. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case. Be sure to distinguish the issues from the arguments made by the parties. The relevant issue or issues, and corresponding conclusions, are the ones for which the court made a final decision and which are binding. The court may discuss intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future courts.

What rationale is important to include in a brief? This is probably the most difficult aspect of the case to determine. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.

A brief should be brief! Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory. Try to keep your briefs to one page in length. This will make it easy for you to organize and reference them.

Do not get discouraged. Learning to brief and figuring out exactly what to include will take time and practice. The more you brief, the easier it will become to extract the relevant information.

While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of material in your casebook. The remainder of this section will discuss these different techniques and show how they complement and enhance the briefing process.

Annotating Cases

Many of you probably already read with a pencil or pen, but if you do not, now is the time to get in the habit. Cases are so dense and full of information that you will find yourself spending considerable amounts of time rereading cases to find what you need. An effective way to reduce this time is to annotate the margins of the casebook. Your pencil (or pen) will be one of your best friends while reading a case. It will allow you to mark off the different sections (such as facts, procedural history, or conclusions), thus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.

You might be wondering why annotating is important if you make an adequate, well-constructed brief. By their very nature briefs cannot cover everything in a case. Even with a thorough, well-constructed brief you may want to reference the original case in order to reread dicta that might not have seemed important at the time, to review the complete procedural history or set of facts, or to scour the rationale for a better understanding of the case; annotating makes these tasks easier. Whether you return to a case after a few hours or a few months, annotations will swiftly guide you to the pertinent parts of the case by providing a roadmap of the important sections. Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage.

Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments.

In addition to making it easier to review an original case, annotating cases during the first review of a case makes the briefing process easier. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Without annotations, you will likely have difficulty locating the information you seek even in the short cases. It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.

When you read a case for the first time, read for the story and for a basic understanding of the dispute, the issues, the rationale, and the decision. As you hit these elements (or what you think are these elements) make a mark in the margins. Your markings can be as simple as “facts” (with a bracket that indicates the relevant part of the paragraph). When you spot an issue, you may simply mark “issue” or instead provide a synopsis in your own words. When a case sparks an idea — write that idea in the margin as well — you never know when a seemingly irrelevant idea might turn into something more.

Finally, when you spot a particularly important part of the text, underline it (or highlight it as described below).

With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. You can direct your reading to the most important sections and will have an easier time identifying what is and is not important. Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue(s), the facts, the holding, and the relevant parts of the analysis.

Pencil or pen — which is better to use when annotating? Our recommendation is a mechanical pencil. Mechanical pencils make finer markings than regular pencils, and also than ballpoint pens. Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine. A mechanical pencil will also give you the freedom to make mistakes without consequences. When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts. With a pencil, however, the ability to erase and rewrite removes this problem.

Highlighting

Why highlight? Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information.

Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case. If you prefer a visual approach to learning, you may find highlighting to be a very effective tool.

If annotating and highlighting are so effective, why brief? Because the process of summarizing a case and putting it into your own words within a brief provides an understanding of the law and of the case that you cannot gain through the process of highlighting or annotating.

The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.

What should you highlight? Similar to annotating, the best parts of the case to highlight are those that represent the needed information for your brief such as the facts, the issue, the holding and the rationale.

Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier. In addition, Highlighters are particularly useful in marking off entire sections by using brackets. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining.

Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text. You may prefer to underline the relevant text with a pencil, but to use a highlighter to bracket off the different sections of a case. Whatever you choose to do, make sure that it works for you, regardless of what others recommend. The techniques in the remainder of this section will describe ways to make full use of your highlighters.

First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. Yellow, pink, and orange are usually the brightest. Depending on the brand, purple and green can be dark, but still work well. Although blue is a beautiful color, it tends to darken and hide the text.

Therefore we recommend that you save blue for the elements that you rarely highlight.

For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color. Consider using yellow for the text that you tend to highlight most frequently. Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most. If you do this, however, you will exhaust your other colors much faster than yellow and this will require that you purchase an entire set of new highlighters when a single color runs out because colors such as green are not sold separately. If instead you choose to use yellow on a more frequently highlighted section such as the Analysis, when it comes time to replace your yellow marker, you will need only to replace your yellow highlighter individually. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the

Facts and the Analysis, while the Issues and Holdings demanded the least. Other Considerations and

Procedural History required lots of highlighting in particular cases although not in every case.

Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. That way, when you come back to the first cases of the semester, you will not be confused with multiple color schemes. The basic sections of a case for which you should consider giving a different color are:

• Procedural History

• Issue (and questions presented)

• Holding (and conclusions)

• Analysis (rationale)

• Other Considerations (such as dicta)

Not all of these sections demand a separate color. You may find that combining Facts and Procedural History or Issues and Holdings works best. Furthermore, as mentioned above, some sections may not warrant highlighting in every case (e.g., dicta probably do not need to be highlighted unless they are particularly important). If you decide that a single color is all that you need, then stick to one, but if you find yourself highlighting lots of text from many different sections, reconsider the use of at least a few different colors. Highlighters make text stand out, but only when used appropriately. The use of many colors enables you to highlight more text without reducing the highlighter’s effectiveness. Three to four colors provides decent color variation without the cumbersomeness of handling too many markers.

Once you are comfortable with your color scheme, determining exactly what to highlight still may be difficult. Similar to knowing what to annotate, experience will perfect your highlighting skills. Be careful not to highlight everything, thus ruining your highlighters’ effectiveness; at the same time, do not be afraid to make mistakes.

Now that we have covered the basics of reading, annotating, highlighting, and briefing a case, you are ready to start practicing. Keep the tips and techniques mentioned in this chapter in mind when you tackle the four topics in the remainder of this book. If you have difficultly, refer back to this chapter to help guide you as you master the case method of study and the art of using the common law.

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Checklist: Getting the Assignment

February 9, 2023

[This document is part of a series focused on core litigation skills. Bloomberg Law subscribers can access the full Core Litigation Skills Toolkit with practical guidance on key aspects of litigation practice. Not a subscriber? Request a demo .]

Receiving an assignment can be challenging, especially if you aren’t familiar with the client’s case and/or the area of the law. Consider the following before going into a meeting to get a research assignment .

Think ahead, come prepared

Think ahead about questions to ask to make sure you fully understand the assignment. If it is not provided, always ask about background case information, logistical issues such as the deadline, the client/matter number, and billing instructions.

Take a lot of notes

Be ready to take a lot of notes when receiving the assignment and don’t assume you will remember it all later when you start the assignment. Make sure you know whom to contact if you have questions or need your memory refreshed.

Do you understand what is being asked of you?

Confirm your understanding of the question being asked. When the assigning attorney is finished with their initial explanation of the assignment, repeat back to them what they want you to research.

Ask questions

Don’t be afraid to ask questions.

Understand the context

If the assignor doesn’t tell you, ask why they need to know the answer to the research question. Where does it fit into the overall case? What is the best answer for the client? Is there a second-best answer? What if you find the opposite of what they want you to find? These pieces of information can be important in knowing what strands of the research are more relevant, help you know when to stop researching, and make you a more efficient researcher.

What are the key facts of the case?

Knowing the key facts will enable you to keep an eye out for case law that is factually analogous to yours. There may be an existing document or filing that lays out the facts in more detail. If so, that document should be your first stop when you have questions.

What is the jurisdiction?

Be sure to pinpoint the relevant jurisdiction. If it is a pending case, the court where it is pending will tell you that. Also be sure to get the docket number from the assignor. If the research question is for a case that is not yet filed, be sure to ask where the case would be filed. If there is a choice of where to file, determine whether the assignor wants information to compare jurisdictions.

Confirm the final work product

What final product does the assignor want from you? A formal memo for the client? A memo for the file? An email that pinpoints the relevant cases? An oral summary? This is very important, especially for time management.

How will the research be used?

Is the research to be used for a pending motion? If you are helping with a motion for summary judgment, for example, your goal is to find cases that are in the same procedural posture as yours and come out favorably for your side (i.e., if your client is the one filing the motion, try to find cases where a motion for summary judgment was granted, not denied). Keep in mind the burden of proof for different kinds of motions.

How much time?

Ask for an estimate of how much time/money the assignor expects this to take or is willing to initially authorize. Keep track of the estimate, and as soon as it looks like it might be insufficient, check back in with the assignor for more instructions. Do they want you to go past the estimate? Stop with what you know now? Modify to a narrower track?

How does the assignor like to be contacted?

Ask for the best times and method (email, phone call, office visit, etc.) to reach the assignor if you need clarification or have follow-up questions. Knowing how and when your assignor should be contacted is core to building and maintaining a positive and successful working relationship.

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• assignments basic law

Assignments: The Basic Law

The assignment of a right or obligation is a common contractual event under the law and the right to assign (or prohibition against assignments) is found in the majority of agreements, leases and business structural documents created in the United States.

As with many terms commonly used, people are familiar with the term but often are not aware or fully aware of what the terms entail. The concept of assignment of rights and obligations is one of those simple concepts with wide ranging ramifications in the contractual and business context and the law imposes severe restrictions on the validity and effect of assignment in many instances. Clear contractual provisions concerning assignments and rights should be in every document and structure created and this article will outline why such drafting is essential for the creation of appropriate and effective contracts and structures.

The reader should first read the article on Limited Liability Entities in the United States and Contracts since the information in those articles will be assumed in this article.

Basic Definitions and Concepts:

An assignment is the transfer of rights held by one party called the “assignor” to another party called the “assignee.” The legal nature of the assignment and the contractual terms of the agreement between the parties determines some additional rights and liabilities that accompany the assignment. The assignment of rights under a contract usually completely transfers the rights to the assignee to receive the benefits accruing under the contract. Ordinarily, the term assignment is limited to the transfer of rights that are intangible, like contractual rights and rights connected with property. Merchants Service Co. v. Small Claims Court , 35 Cal. 2d 109, 113-114 (Cal. 1950).

An assignment will generally be permitted under the law unless there is an express prohibition against assignment in the underlying contract or lease. Where assignments are permitted, the assignor need not consult the other party to the contract but may merely assign the rights at that time. However, an assignment cannot have any adverse effect on the duties of the other party to the contract, nor can it diminish the chance of the other party receiving complete performance. The assignor normally remains liable unless there is an agreement to the contrary by the other party to the contract.

The effect of a valid assignment is to remove privity between the assignor and the obligor and create privity between the obligor and the assignee. Privity is usually defined as a direct and immediate contractual relationship. See Merchants case above.

Further, for the assignment to be effective in most jurisdictions, it must occur in the present. One does not normally assign a future right; the assignment vests immediate rights and obligations.

No specific language is required to create an assignment so long as the assignor makes clear his/her intent to assign identified contractual rights to the assignee. Since expensive litigation can erupt from ambiguous or vague language, obtaining the correct verbiage is vital. An agreement must manifest the intent to transfer rights and can either be oral or in writing and the rights assigned must be certain.

Note that an assignment of an interest is the transfer of some identifiable property, claim, or right from the assignor to the assignee. The assignment operates to transfer to the assignee all of the rights, title, or interest of the assignor in the thing assigned. A transfer of all rights, title, and interests conveys everything that the assignor owned in the thing assigned and the assignee stands in the shoes of the assignor. Knott v. McDonald’s Corp ., 985 F. Supp. 1222 (N.D. Cal. 1997)

The parties must intend to effectuate an assignment at the time of the transfer, although no particular language or procedure is necessary. As long ago as the case of National Reserve Co. v. Metropolitan Trust Co ., 17 Cal. 2d 827 (Cal. 1941), the court held that in determining what rights or interests pass under an assignment, the intention of the parties as manifested in the instrument is controlling.

The intent of the parties to an assignment is a question of fact to be derived not only from the instrument executed by the parties but also from the surrounding circumstances. When there is no writing to evidence the intention to transfer some identifiable property, claim, or right, it is necessary to scrutinize the surrounding circumstances and parties’ acts to ascertain their intentions. Strosberg v. Brauvin Realty Servs., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998)

The general rule applicable to assignments of choses in action is that an assignment, unless there is a contract to the contrary, carries with it all securities held by the assignor as collateral to the claim and all rights incidental thereto and vests in the assignee the equitable title to such collateral securities and incidental rights. An unqualified assignment of a contract or chose in action, however, with no indication of the intent of the parties, vests in the assignee the assigned contract or chose and all rights and remedies incidental thereto.

More examples: In Strosberg v. Brauvin Realty Servs ., 295 Ill. App. 3d 17 (Ill. App. Ct. 1st Dist. 1998), the court held that the assignee of a party to a subordination agreement is entitled to the benefits and is subject to the burdens of the agreement. In Florida E. C. R. Co. v. Eno , 99 Fla. 887 (Fla. 1930), the court held that the mere assignment of all sums due in and of itself creates no different or other liability of the owner to the assignee than that which existed from the owner to the assignor.

And note that even though an assignment vests in the assignee all rights, remedies, and contingent benefits which are incidental to the thing assigned, those which are personal to the assignor and for his sole benefit are not assigned. Rasp v. Hidden Valley Lake, Inc ., 519 N.E.2d 153, 158 (Ind. Ct. App. 1988). Thus, if the underlying agreement provides that a service can only be provided to X, X cannot assign that right to Y.

Novation Compared to Assignment:

Although the difference between a novation and an assignment may appear narrow, it is an essential one. “Novation is a act whereby one party transfers all its obligations and benefits under a contract to a third party.” In a novation, a third party successfully substitutes the original party as a party to the contract. “When a contract is novated, the other contracting party must be left in the same position he was in prior to the novation being made.”

A sublease is the transfer when a tenant retains some right of reentry onto the leased premises. However, if the tenant transfers the entire leasehold estate, retaining no right of reentry or other reversionary interest, then the transfer is an assignment. The assignor is normally also removed from liability to the landlord only if the landlord consents or allowed that right in the lease. In a sublease, the original tenant is not released from the obligations of the original lease.

Equitable Assignments:

An equitable assignment is one in which one has a future interest and is not valid at law but valid in a court of equity. In National Bank of Republic v. United Sec. Life Ins. & Trust Co. , 17 App. D.C. 112 (D.C. Cir. 1900), the court held that to constitute an equitable assignment of a chose in action, the following has to occur generally: anything said written or done, in pursuance of an agreement and for valuable consideration, or in consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner, and appropriate it to or in favor of another person, amounts to an equitable assignment. Thus, an agreement, between a debtor and a creditor, that the debt shall be paid out of a specific fund going to the debtor may operate as an equitable assignment.

In Egyptian Navigation Co. v. Baker Invs. Corp. , 2008 U.S. Dist. LEXIS 30804 (S.D.N.Y. Apr. 14, 2008), the court stated that an equitable assignment occurs under English law when an assignor, with an intent to transfer his/her right to a chose in action, informs the assignee about the right so transferred.

An executory agreement or a declaration of trust are also equitable assignments if unenforceable as assignments by a court of law but enforceable by a court of equity exercising sound discretion according to the circumstances of the case. Since California combines courts of equity and courts of law, the same court would hear arguments as to whether an equitable assignment had occurred. Quite often, such relief is granted to avoid fraud or unjust enrichment.

Note that obtaining an assignment through fraudulent means invalidates the assignment. Fraud destroys the validity of everything into which it enters. It vitiates the most solemn contracts, documents, and even judgments. Walker v. Rich , 79 Cal. App. 139 (Cal. App. 1926). If an assignment is made with the fraudulent intent to delay, hinder, and defraud creditors, then it is void as fraudulent in fact. See our article on Transfers to Defraud Creditors .

But note that the motives that prompted an assignor to make the transfer will be considered as immaterial and will constitute no defense to an action by the assignee, if an assignment is considered as valid in all other respects.

Enforceability of Assignments:

Whether a right under a contract is capable of being transferred is determined by the law of the place where the contract was entered into. The validity and effect of an assignment is determined by the law of the place of assignment. The validity of an assignment of a contractual right is governed by the law of the state with the most significant relationship to the assignment and the parties.

In some jurisdictions, the traditional conflict of laws rules governing assignments has been rejected and the law of the place having the most significant contacts with the assignment applies. In Downs v. American Mut. Liability Ins. Co ., 14 N.Y.2d 266 (N.Y. 1964), a wife and her husband separated and the wife obtained a judgment of separation from the husband in New York. The judgment required the husband to pay a certain yearly sum to the wife. The husband assigned 50 percent of his future salary, wages, and earnings to the wife. The agreement authorized the employer to make such payments to the wife.

After the husband moved from New York, the wife learned that he was employed by an employer in Massachusetts. She sent the proper notice and demanded payment under the agreement. The employer refused and the wife brought an action for enforcement. The court observed that Massachusetts did not prohibit assignment of the husband’s wages. Moreover, Massachusetts law was not controlling because New York had the most significant relationship with the assignment. Therefore, the court ruled in favor of the wife.

Therefore, the validity of an assignment is determined by looking to the law of the forum with the most significant relationship to the assignment itself. To determine the applicable law of assignments, the court must look to the law of the state which is most significantly related to the principal issue before it.

Assignment of Contractual Rights:

Generally, the law allows the assignment of a contractual right unless the substitution of rights would materially change the duty of the obligor, materially increase the burden or risk imposed on the obligor by the contract, materially impair the chance of obtaining return performance, or materially reduce the value of the performance to the obligor. Restat 2d of Contracts, § 317(2)(a). This presumes that the underlying agreement is silent on the right to assign.

If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.

In the absence of an express provision to the contrary, the rights and duties under a bilateral executory contract that does not involve personal skill, trust, or confidence may be assigned without the consent of the other party. But note that an assignment is invalid if it would materially alter the other party’s duties and responsibilities. Once an assignment is effective, the assignee stands in the shoes of the assignor and assumes all of assignor’s rights. Hence, after a valid assignment, the assignor’s right to performance is extinguished, transferred to assignee, and the assignee possesses the same rights, benefits, and remedies assignor once possessed. Robert Lamb Hart Planners & Architects v. Evergreen, Ltd. , 787 F. Supp. 753 (S.D. Ohio 1992).

On the other hand, an assignee’s right against the obligor is subject to “all of the limitations of the assignor’s right, all defenses thereto, and all set-offs and counterclaims which would have been available against the assignor had there been no assignment, provided that these defenses and set-offs are based on facts existing at the time of the assignment.” See Robert Lamb , case, above.

The power of the contract to restrict assignment is broad. Usually, contractual provisions that restrict assignment of the contract without the consent of the obligor are valid and enforceable, even when there is statutory authorization for the assignment. The restriction of the power to assign is often ineffective unless the restriction is expressly and precisely stated. Anti-assignment clauses are effective only if they contain clear, unambiguous language of prohibition. Anti-assignment clauses protect only the obligor and do not affect the transaction between the assignee and assignor.

Usually, a prohibition against the assignment of a contract does not prevent an assignment of the right to receive payments due, unless circumstances indicate the contrary. Moreover, the contracting parties cannot, by a mere non-assignment provision, prevent the effectual alienation of the right to money which becomes due under the contract.

A contract provision prohibiting or restricting an assignment may be waived, or a party may so act as to be estopped from objecting to the assignment, such as by effectively ratifying the assignment. The power to void an assignment made in violation of an anti-assignment clause may be waived either before or after the assignment. See our article on Contracts.

Noncompete Clauses and Assignments:

Of critical import to most buyers of businesses is the ability to ensure that key employees of the business being purchased cannot start a competing company. Some states strictly limit such clauses, some do allow them. California does restrict noncompete clauses, only allowing them under certain circumstances. A common question in those states that do allow them is whether such rights can be assigned to a new party, such as the buyer of the buyer.

A covenant not to compete, also called a non-competitive clause, is a formal agreement prohibiting one party from performing similar work or business within a designated area for a specified amount of time. This type of clause is generally included in contracts between employer and employee and contracts between buyer and seller of a business.

Many workers sign a covenant not to compete as part of the paperwork required for employment. It may be a separate document similar to a non-disclosure agreement, or buried within a number of other clauses in a contract. A covenant not to compete is generally legal and enforceable, although there are some exceptions and restrictions.

Whenever a company recruits skilled employees, it invests a significant amount of time and training. For example, it often takes years before a research chemist or a design engineer develops a workable knowledge of a company’s product line, including trade secrets and highly sensitive information. Once an employee gains this knowledge and experience, however, all sorts of things can happen. The employee could work for the company until retirement, accept a better offer from a competing company or start up his or her own business.

A covenant not to compete may cover a number of potential issues between employers and former employees. Many companies spend years developing a local base of customers or clients. It is important that this customer base not fall into the hands of local competitors. When an employee signs a covenant not to compete, he or she usually agrees not to use insider knowledge of the company’s customer base to disadvantage the company. The covenant not to compete often defines a broad geographical area considered off-limits to former employees, possibly tens or hundreds of miles.

Another area of concern covered by a covenant not to compete is a potential ‘brain drain’. Some high-level former employees may seek to recruit others from the same company to create new competition. Retention of employees, especially those with unique skills or proprietary knowledge, is vital for most companies, so a covenant not to compete may spell out definite restrictions on the hiring or recruiting of employees.

A covenant not to compete may also define a specific amount of time before a former employee can seek employment in a similar field. Many companies offer a substantial severance package to make sure former employees are financially solvent until the terms of the covenant not to compete have been met.

Because the use of a covenant not to compete can be controversial, a handful of states, including California, have largely banned this type of contractual language. The legal enforcement of these agreements falls on individual states, and many have sided with the employee during arbitration or litigation. A covenant not to compete must be reasonable and specific, with defined time periods and coverage areas. If the agreement gives the company too much power over former employees or is ambiguous, state courts may declare it to be overbroad and therefore unenforceable. In such case, the employee would be free to pursue any employment opportunity, including working for a direct competitor or starting up a new company of his or her own.

It has been held that an employee’s covenant not to compete is assignable where one business is transferred to another, that a merger does not constitute an assignment of a covenant not to compete, and that a covenant not to compete is enforceable by a successor to the employer where the assignment does not create an added burden of employment or other disadvantage to the employee. However, in some states such as Hawaii, it has also been held that a covenant not to compete is not assignable and under various statutes for various reasons that such covenants are not enforceable against an employee by a successor to the employer. Hawaii v. Gannett Pac. Corp. , 99 F. Supp. 2d 1241 (D. Haw. 1999)

It is vital to obtain the relevant law of the applicable state before drafting or attempting to enforce assignment rights in this particular area.

Conclusion:

In the current business world of fast changing structures, agreements, employees and projects, the ability to assign rights and obligations is essential to allow flexibility and adjustment to new situations. Conversely, the ability to hold a contracting party into the deal may be essential for the future of a party. Thus, the law of assignments and the restriction on same is a critical aspect of every agreement and every structure. This basic provision is often glanced at by the contracting parties, or scribbled into the deal at the last minute but can easily become the most vital part of the transaction.

As an example, one client of ours came into the office outraged that his co venturer on a sizable exporting agreement, who had excellent connections in Brazil, had elected to pursue another venture instead and assigned the agreement to a party unknown to our client and without the business contacts our client considered vital. When we examined the handwritten agreement our client had drafted in a restaurant in Sao Paolo, we discovered there was no restriction on assignment whatsoever…our client had not even considered that right when drafting the agreement after a full day of work.

One choses who one does business with carefully…to ensure that one’s choice remains the party on the other side of the contract, one must master the ability to negotiate proper assignment provisions.

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Assignment is a legal term whereby an individual, the “assignor,” transfers rights, property, or other benefits to another known as the “ assignee .”   This concept is used in both contract and property law.  The term can refer to either the act of transfer or the rights /property/benefits being transferred.

Contract Law   

Under contract law, assignment of a contract is both: (1) an assignment of rights; and (2) a delegation of duties , in the absence of evidence otherwise.  For example, if A contracts with B to teach B guitar for $50, A can assign this contract to C.  That is, this assignment is both: (1) an assignment of A’s rights under the contract to the $50; and (2) a delegation of A’s duty to teach guitar to C.  In this example, A is both the “assignor” and the “delegee” who d elegates the duties to another (C), C is known as the “ obligor ” who must perform the obligations to the assignee , and B is the “ assignee ” who is owed duties and is liable to the “ obligor ”.

(1) Assignment of Rights/Duties Under Contract Law

There are a few notable rules regarding assignments under contract law.  First, if an individual has not yet secured the contract to perform duties to another, he/she cannot assign his/her future right to an assignee .  That is, if A has not yet contracted with B to teach B guitar, A cannot assign his/her rights to C.  Second, rights cannot be assigned when they materially change the obligor ’s duty and rights.  Third, the obligor can sue the assignee directly if the assignee does not pay him/her.  Following the previous example, this means that C ( obligor ) can sue B ( assignee ) if C teaches guitar to B, but B does not pay C $50 in return.

            (2) Delegation of Duties

If the promised performance requires a rare genius or skill, then the delegee cannot delegate it to the obligor.  It can only be delegated if the promised performance is more commonplace.  Further, an obligee can sue if the assignee does not perform.  However, the delegee is secondarily liable unless there has been an express release of the delegee.  That is, if B does want C to teach guitar but C refuses to, then B can sue C.  If C still refuses to perform, then B can compel A to fulfill the duties under secondary liability.

Lastly, a related concept is novation , which is when a new obligor substitutes and releases an old obligor.  If novation occurs, then the original obligor’s duties are wiped out. However, novation requires an original obligee’s consent .  

Property Law

Under property law, assignment typically arises in landlord-tenant situations.  For example, A might be renting from landlord B but wants to another party (C) to take over the property.   In this scenario, A might be able to choose between assigning and subleasing the property to C.  If assigning , A would be giving C the entire balance of the term, with no reversion to anyone whereas if subleasing , A would be giving C for a limited period of the remaining term.  Significantly, under assignment C would have privity of estate with the landlord while under a sublease, C would not. 

[Last updated in May of 2020 by the Wex Definitions Team ]

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Will NY pass bill to make adultery legal? it's been a crime in the state since 1907

New York is one step closer to repealing a law that criminalizes adultery.

Believe it or not, adultery has been a crime in New York for over 100 years, as defined as a person engaging "in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse," according to  Section 255.17 of the state penal code .

Now, both chambers of the state Legislature have voted on a bill to repeal this law, effective immediately. The state Senate voted Wednesday and the bill easily passed, 57-4, according to a New York State Senate post on X . It will now head to Gov. Kathy Hochul's desk for consideration.

Leqal cannabis in Westchester Calls grow for Mount Vernon to shut down Westchester's first cannabis dispensary

Can you be punished for adultery in NY?

New York law made adultery a criminal act in 1907. The code further classifies adultery as a Class B misdemeanor, which is punishable by up to 90 days in jail or a $500 fine.

Sixteen states consider adultery a crime, including New York.

"This outdated statute criminalizes sexual behavior between consenting adults," Assemblyman Charles Lavine, sponsor of A4714,  told Binghamton Homepage  earlier this month. "It is long past time for us to remove it from the penal code. If a law is not enforced, there is no reason it should be maintained."

Has anyone ever been charged?

In June 2010, a woman from Batavia became only the  13th person to be charged with adultery  in the state when she were arrested for allegedly having sex in a public park. The charge was dropped; she did plead guilty to public lewdness.

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New $20 minimum wage for fast food workers in California is set to start Monday

Most fast-food workers in California will be paid at least $20 an hour when a new law kicks in Monday, giving more financial security to a low-paid profession while threatening to raise prices for consumers. (AP Video/Terry Chea)

An employee collects payment at an Auntie Anne’s and Cinnabon store in Livermore, Calif., Thursday, March 28, 2024. He’s among hundreds of thousands of California fast-food workers who will be paid at least $20 an hour starting Monday, April 1. (AP Photo/Terry Chea)

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An employee makes pretzels at an Auntie Anne’s and Cinnabon store in Livermore, Calif., Thursday, March 28, 2024. She’s among hundreds of thousands of California fast-food workers who will be paid at least $20 an hour starting Monday, April 1. (AP Photo/Terry Chea)

Ingrid Vilorio, who works at a Jack in the Box restaurant, sits in her home in Hayward, Calif., Friday, March 22, 2024. She’s among hundreds of thousands of California fast-food workers who will be paid $20 an hour starting Monday, April 1. (AP Photo/Terry Chea)

Alex Johnson, who owns 10 Auntie Anne’s and Cinnabon stores in the San Francisco Bay area, stands in his store in Livermore, Calif., Thursday, March 28, 2024. He said his stores will have to raise prices to cover the increase in his employees’ wages to $20 an hour. (AP Photo/Terry Chea)

LIVERMORE, Calif. (AP) — Most fast food workers in California will be paid at least $20 an hour beginning Monday when a new law is scheduled to kick in giving more financial security to an historically low-paying profession while threatening to raise prices in a state already known for its high cost of living.

Democrats in the state Legislature passed the law last year in part as an acknowledgement that many of the more than 500,000 people who work in fast food restaurants are not teenagers earning some spending money, but adults working to support their families.

That includes immigrants like Ingrid Vilorio, who said she started working at a McDonald’s shortly after arriving in the United States in 2019. Fast food was her full-time job until last year. Now, she works about eight hours per week at a Jack in the Box while working other jobs.

“The $20 raise is great. I wish this would have come sooner,” Vilorio said through a translator. “Because I would not have been looking for so many other jobs in different places.”

The law was supported by the trade association representing fast food franchise owners. But since it passed, many franchise owners have bemoaned the impact the law is having on them, especially during California’s slowing economy .

Alex Johnson owns 10 Auntie Anne’s Pretzels and Cinnabon restaurants in the San Francisco Bay Area. He said sales have slowed in 2024, prompting him to lay off his office staff and rely on his parents to help with payroll and human resources.

Increasing his employees’ wages will cost Johnson about $470,000 each year. He will have to raise prices anywhere from 5% to 15% at his stores, and is no longer hiring or seeking to open new locations in California, he said.

“I try to do right by my employees. I pay them as much as I can. But this law is really hitting our operations hard,” Johnson said.

“I have to consider selling and even closing my business,” he said. “The profit margin has become too slim when you factor in all the other expenses that are also going up.”

Over the past decade, California has doubled its minimum wage for most workers to $16 per hour. A big concern over that time was whether the increase would cause some workers to lose their jobs as employers’ expenses increased.

Instead, data showed wages went up and employment did not fall, said Michael Reich, a labor economics professor at the University of California-Berkeley.

California Fast Food Wages-increase intro wrap

AP correspondent Julie Walker reports a new $20 minimum wage for California fast food workers starts Monday.

“I was surprised at how little, or how difficult it was to find disemployment effects. If anything, we find positive employment effects,” Reich said.

Plus, Reich said while the statewide minimum wage is $16 per hour, many of the state’s larger cities have their own minimum wage laws setting the rate higher than that. For many fast food restaurants, this means the jump to $20 per hour will be smaller.

The law reflected a carefully crafted compromise between the fast food industry and labor unions, which had been fighting over wages, benefits and legal liabilities for close to two years. The law originated during private negotiations between unions and the industry, including the unusual step of signing confidentiality agreements .

The law applies to restaurants offering limited or no table service and which are part of a national chain with at least 60 establishments nationwide. Restaurants operating inside a grocery establishment are exempt, as are restaurants producing and selling bread as a stand-alone menu item.

At first, it appeared the bread exemption applied to Panera Bread restaurants. Bloomberg News reported the change would benefit Greg Flynn, a wealthy campaign donor to Newsom. But the Newsom administration said the wage increase law does apply to Panera Bread because the restaurant does not make dough on-site. Also, Flynn has announced he would pay his workers at least $20 per hour .

Beam reported from Sacramento, California.

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California colleges provide abortion pills but many fail to make students aware

Adolfo Guzman-Lopez

Jackie Fortier

California legislators in 2019 passed the law that requires all the state's 33 public university campuses to provide abortion pills. It took effect in January 2023, but LAist found that basic information for students to obtain the medication is often nonexistent. Jackie Fortiér/LAist hide caption

California legislators in 2019 passed the law that requires all the state's 33 public university campuses to provide abortion pills. It took effect in January 2023, but LAist found that basic information for students to obtain the medication is often nonexistent.

When Deanna Gomez found out she was pregnant in September 2023, she felt the timing couldn't have been worse.

The college senior at California State University-San Bernardino worked 60 hours a week at two jobs. She used birth control. Motherhood was not in the plan. Not yet.

"I grew up poor. And I don't want that for my children, like, ever," she said.

She wanted a medication abortion. It's a two-step process: one drug taken to inhibit the pregnancy, and another a day later to induce cramping and bleeding and empty the uterus. Gomez didn't bother going to the university health clinic, thinking it was only for basic health needs.

She ended up driving more than 300 miles and paying hundreds of dollars in medical and travel expenses to obtain a medication abortion. She missed a month of classes, which put her graduation date in jeopardy. She had no idea she was entitled to a free medication abortion right on campus.

An LAist investigation has found that one year after California became the first state to require its public universities to provide abortion pills to students, basic information on where or how students can obtain the medication is lacking and, often, nonexistent.

Supreme Court seems doubtful of challenge to abortion pill

"I was really upset when I found out," Gomez told LAist. "I had to really push myself to make that money happen."

LAist initially found that 11 of 23 CSU campus clinics did not have any information about medication abortion on their clinic websites, nor did they list it as a service offered. Of the University of California's 10 campuses, eight mentioned medication abortion on their clinic websites. (Five CSU campuses and one UC campus added information after LAist published a version of this article .)

Through conversations with students and faculty at multiple campuses, LAist found there was little information for students to obtain the pills.

"If I had known that, I would have taken advantage of it," Gomez said. "I spent a lot of time driving around after work, switching schedules, putting my homework on the back burner."

Deanna Gomez became pregnant during her senior year at California State University-San Bernardino and had no idea she was entitled to a free medication abortion on campus. Jackie Fortiér/LAist hide caption

Deanna Gomez became pregnant during her senior year at California State University-San Bernardino and had no idea she was entitled to a free medication abortion on campus.

California legislators in 2019 passed the law that requires all the state's 33 public university campuses to provide abortion pills. It took effect in January 2023.

"We wanted to make sure that students, female students, had access to this right," said Connie Leyva, the former Pomona-area state senator who authored the bill.

The legislature created a $10.3 million fund of privately raised money to help universities implement the new law. Each campus received $200,000 in one-time funding to pay for the medication and cover costs such as facility upgrades, equipment, training, telehealth services, and security upgrades.

The funding did not include any requirement that campus clinics inform students the medication was available to them.

Leyva said she doesn't recall any conversations about "including something on advertising that you could get a medicated abortion on campus." She said she's disappointed in the law's implementation, but not surprised.

"Everything starts at the top. And if the president or chancellor of the university knows they have to offer it, but if they don't agree that women should have access to abortion services, then they might just think, 'We'll leave it off, we don't have to worry about it,'" Leyva said.

How the issue of abortion could affect some key races in November

Spokesperson Ryan King said UC President Michael Drake was not available to comment.

"The student communities at each UC campus are unique," Heather Harper, a spokesperson for UC Health in Drake's office, wrote in an email. "As a result, communication to students at each location takes different forms and may include website content, flyers, emails, person-to-person conversations or other methods."

The office of CSU Chancellor Mildred García did not reply to a request for comment.

At Gomez's San Bernardino campus, abortion as an option was mentioned only in one place: in small letters on a poster inside exam rooms at the health center.

A student wouldn't see that until they were already waiting for a doctor or nurse.

"We need to work harder if there is a student who needed the service and wasn't aware that they could access it through us and not have to pay for it," said Beth Jaworski, executive director of health, counseling, and wellness at CSU-San Bernardino. "But it's one student. We haven't been providing the service very long. It's been just about a year now."

Medication abortion has since been added to the list of services on the clinic's website.

Ray Murillo, California State University's interim assistant vice chancellor of student affairs, said he and other administrative staffers are developing guidance so campuses share the same information "to help in our training efforts for the frontline staff and providers when they're being asked questions about the service and what we provide."

A card given to students at California State University-San Bernardino's Student Health Center does not list medication abortion as a service even though the center does provide it. Jackie Fortiér/LAist hide caption

A card given to students at California State University-San Bernardino's Student Health Center does not list medication abortion as a service even though the center does provide it.

Gomez wants more done, including flyers, emails, and social media posts directed at both faculty and students.

"You want to market the football games, you want to market the volleyball games. Why is that important, and abortions are not?" she said.

Gomez did graduate in December 2023, becoming the first person in her family to earn a bachelor's degree. But she's angry at her alma mater for keeping the abortion pills a secret.

This article is from a partnership that includes LAist , NPR and KFF Health News , a national newsroom that produces in-depth journalism about health issues.

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Attention, New York Adulterers: Your Sin May Soon No Longer Be a Crime

Adultery has been illegal in New York since 1907, but state lawmakers seem poised to repeal the antiquated law.

By Erin Nolan

Reporting from the State Capitol in Albany, N.Y.

In the halls of the New York State Capitol, with a budget deadline bearing down, it seems that all that anyone wants to talk about is adultery.

An antiquated but seldom-enforced state law categorizes adultery as a crime, and past efforts to repeal it have gone nowhere. But that seems poised to change.

The Assembly overwhelmingly voted in favor of a bill to repeal the adultery law last month, and a Senate committee last week moved a matching bill to the floor for a full vote that could come as soon as this week.

The developments have attracted global attention, with the Assembly bill’s sponsor, Charles Lavine, a Democrat from Long Island, fielding interview requests from Europe to South America .

“Any criminal law that penalizes intimate behavior between consenting adults does not deserve to be on the books,” said Mr. Lavine, who added that he has been “happily married” for 54 years.

While adultery is still illegal in a handful of states (in Oklahoma, Michigan and Wisconsin, adultery is considered a felony offense), the vast majority of states repealed their adultery laws long ago or never outlawed it in the first place.

New York’s law declares a person guilty of adultery “when he engages in sexual intercourse with another person at a time when he has a living spouse, or the other person has a living spouse,” according to New York’s penal code . Adultery is classified as a Class B misdemeanor, and it is punishable by up to 90 days in jail and a $500 fine.

The push to decriminalize adultery is about more than updating the penal code to reflect modern values, Mr. Lavine said. He viewed recent events, including an Alabama judge’s ruling that frozen embryos in test tubes are children and the Supreme Court’s 2022 decision rejecting the constitutional right to an abortion , as evidence of a growing political desire to foist governmental oversight on sex and chip away at Americans’ assumed right to privacy.

“We are all in danger of losing our rights,” Mr. Lavine said. “Those most likely to be prosecuted for this crime, not only in New York, but throughout the United States and even worldwide, are women. I think it’s time for our state legislatures throughout the United States to stand up for human rights. And women’s rights are human rights.”

This isn’t the first time New York has been slow to update laws regulating marriage and sex. In 2010, New York was the last state to adopt no-fault divorce — allowing couples to dissolve marriages without requiring proof of adultery, cruelty, imprisonment or abandonment — nearly 40 years after California was the first to do so . And it wasn’t until 2021 that state lawmakers officially disavowed child marriage and raised the legal age of consent to marry to 18 .

When New York first outlawed adultery in 1907, it was common for states to pass laws criminalizing sex outside of marriage, according to Jill Hasday, a professor at the University of Minnesota Law School who has studied how the law regulates deception within romantic, sexual and family relationships. These laws technically applied to everyone, Professor Hasday said, but they were often used to target women and L.G.B.T.Q. people.

Just a few weeks after the law went into effect, a married railroad contractor and a 25-year-old woman he was seeing were the first people arrested and charged with adultery, according to a 1907 New York Times article .

New York lawmakers have tried to overturn the adultery ban since at least 1964 , when a legislative commission found enforcement of the state’s adultery ban to be virtually impossible and “a matter of private morality, not of law.”

But the law has remained in place, and at least 13 people have been charged with adultery in New York since 1972, according to Mr. Lavine.

The most recent case arose in 2010, when a 43-year-old married woman was arrested after engaging in a sex act with a man who was not her husband at a public park in Batavia, N.Y. Both of them were charged with public lewdness, but only the woman, Suzanne Corona, was charged with adultery, said Brian Degnan, the lawyer who represented Ms. Corona.

A media frenzy descended onto Ms. Corona, Mr. Degnan said, and her mug shot was published in news outlets around the world.

“She couldn't go anywhere in town without people whispering,” Mr. Degnan said. “She was living her life under a microscope when she just wanted to be left alone.”

Though adultery charges have always been rare, the law was occasionally used as justification in divorce proceedings in the years before New York adopted no-fault divorce, Mr. Degnan said.

“It’s embarrassing that this is still on the books,” Mr. Degnan said. “Even in law school, everyone burst out laughing every time it came up.”

But when the law is enforced, it can be used to target and embarrass women, as illustrated by Ms. Corona’s experience.

“Whose right to privacy was infringed on?” Mr. Degnan said. “Whose marriage was put on display in the media?”

Professor Hasday suggested that women accused of infidelity tend to face harsher social consequences than men.

“What do you call a husband whose wife has had sex with someone else? You call him a cuckold,” the professor said. “What do you call a wife whose husband has had sex with someone else? You call her a wife. We still have this idea that adultery is particularly this wrong against a man.”

Society has adopted far more liberal views on sex and marriage since the early 20th century when New York’s adultery ban was adopted, the professor added, but the pendulum has begun to swing in the other direction. For example, she said, some states revived old abortion bans after the Supreme Court struck down Roe v. Wade, the decision that established a constitutional right to an abortion.

The Supreme Court has never taken a case related to a state’s anti-adultery law, but many people have argued such laws are unconstitutional based on the court’s 2003 ruling in Lawrence v. Texas. That decision struck down a law criminalizing sodomy and ruled that Americans had a constitutional right to privacy.

But in 2022, Justice Clarence Thomas wrote that the court should reconsider other cases related to marriage and sex, including Lawrence v. Texas.

“We’re in a moment when many legislators’ attention has been primed to look at the regulation of sexuality and reproduction,” Professor Hasday said. “States seem to be veering into very diverse directions.”

Mr. Lavine said any criticism he’s received for his role in sponsoring the Assembly bill to repeal the adultery law has been limited to a few “religious nuts.”

“This is not the first time that I will have been called a heretic,” he said, laughing.

He added, “You can’t punish one person’s personal view of what is moral, and that’s all this law does.”

Erin Nolan is a reporter covering New York City and the metropolitan region. She is a member of the 2023-24 Times Fellowship class. Email her at [email protected] . More about Erin Nolan

Politics in the New York Region

A Housing Deal: The deal could clear the way for the construction of new homes and make it more difficult for landlords to evict renters , if lawmakers in Albany can find a compromise.

A Jail Project: The demolition of a Manhattan jail complex in Chinatown to make way for a bigger one has damaged a neighboring building  and raised concerns about years of dust and disruption.

Adultery as Crime: An antiquated but seldom-enforced state law categorizes adultery as a crime, and past efforts to repeal it have gone nowhere . But that seems poised to change.

Limiting Social Media’s Hold: New York’s governor and attorney general joined forces to pass a law  trying to restrict social media companies’ ability to use algorithms to shape content for children. Big Tech is putting up a battle with a high-stakes lobbying effort.

Targeting Trans Athletes: A proposed ban on transgender women playing on women’s sports teams  has turned a Long Island county into the latest battleground for conservatives who have put cultural issues at the center of a nationwide political strategy.

Illegal Donations: A Chinese business titan pleaded guilty to federal charges that he made more than $10,000 in straw donor contributions to political candidates  — including, a person familiar with the case said, to a New York congressman and Mayor Eric Adams.