NFPA Paralegal Core Competency Exam (PCCE)Legal Writing and CommunicationMedium
A paralegal is preparing a draft motion for summary judgment. The supervising attorney has emphasized that the motion must be highly persuasive and clearly articulate the client's entitlement to judgment as a matter of law. Which section of the motion is most crucial for the paralegal to dedicate significant attention to in terms of persuasive writing?
- AThe certificate of service, verifying proper delivery to opposing counsel.
- BThe statement of facts, presenting them in a light most favorable to the client.
- CThe prayer for relief, simply listing the requested remedies.
- DThe caption, ensuring accurate party names and court information.
Show answer & explanationAnswer & explanation
Correct answer: B. The statement of facts, presenting them in a light most favorable to the client.
While all sections of a motion are important, the statement of facts in a persuasive document like a motion for summary judgment is crucial. By presenting the facts accurately yet in a light most favorable to the client, the paralegal lays the groundwork for the legal arguments and influences the court's perception of the case from the outset.
Why the other options are wrong
- A. The certificate of service is a procedural requirement, not a component of persuasive writing.
- C. The prayer for relief is a list of requests, not a section for persuasive argument.
- D. The caption is administrative and factual, not persuasive.
Persuasion in Statement of Facts
Presenting factual information in a legal document in a way that highlights its significance and supports the client's position, while remaining ethically accurate.
- Crucial in persuasive documents like briefs and motions.
- Involves careful selection, organization, and framing of facts.
- Must avoid misrepresentation or omission of material facts.
Memory trick: To Win Your Motion, Frame the Facts with Devotion.