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September 28, 2022

Differentiate between persuasive and predictive writing

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The case Masterpiece Cakeshop, LTD. and Jack C. Phillips v. Colorado Civil Rights Commission went before the U.S. Supreme Court to address the question of whether a cake shop is allowed to refuse service to a customer because the cake shop owner felt that making the cake violated his religious beliefs. For this assignment, please locate these two merits briefs filed in this case: the brief of petitioner, Masterpiece Cakeshop; and the brief of respondents, David Mullins and Charlie Craig. Review, in each brief, just the Questions Presented and the Introduction and Statement of the Case.

Compare how each party presented the facts and the underlying issues for their case. Take notice of the persuasive techniques used—what facts did each side choose to highlight? How did each side present potentially unfavorable facts?

In the discussion thread, explain the difference between persuasive and predictive legal writing. Use the Masterpiece Cakeshop briefs to provide examples. How did they organize their question presented and facts in order to persuade the reader? Identify and explain two tips and/or techniques for persuasive legal writing. What comments or questions do you have about that shift from predictive to persuasive style? Please post your thoughts and observations on these questions to the discussion board.

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