Differentiate Between Persuasive and Predictive Writing
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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