Effective Appellate Advocacy

Brief Writing and Oral Argument

Author: Carole C. Berry

Publisher: West Publishing Company

ISBN: N.A

Category: Appellate procedure

Page: 465

View: 9193

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Winning On Appeal: Better Briefs and Oral Argument, Second Edition

Author: Hon. Ruggero J. Aldisert

Publisher: LexisNexis

ISBN: 1632814099

Category: Law

Page: N.A

View: 5872

Winning on Appeal has been adopted by top-flight law schools for appellate advocacy courses. It also has become a popular desk reference on how to write an effective brief and deliver a persuasive oral argument. In the Second Edition, Ruggero J. Aldisert, a 40-year veteran of the federal appeals bench, fundamentally reorganizes the book. By creating 25 chapters in place of the previous 17, Aldisert creates a wonderfully instructive how-to manual for the appellate advocate and a must volume for those who select appellate advocates. Throughout Winning on Appeal, 19 current chief justices of state courts, nine chief judges of U.S. Courts of Appeals, more than 20 U.S. Circuit and state appellate judges contribute their thoughts on how to write a brief and how to argue a case-information that is not available in any other publication or resource. Judge Aldisert draws the perfect roadmap for the attorney who wants to win on appeal. Reviews "With 35 years on the appellate bench, Judge Aldisert has a huge network of friends in judicial and appellate practitioner ranks - people who now provide quotable guidance throughout his book, in one or a few sentences, on everything from perfecting the written argument to pet peeves, from vignettes on being persuasive to a "compendium of advice" on what makes a brief effective." -Oregon Bar Bulletin "Winning on Appeal is an impressive achievement. Appellate lawyers and judges will profit immensely from consulting it." -William J. Brennan, Jr., Justice, U.S. Supreme Court (1957-1990) "Told from a judge's viewpoint, the book is an expose of appellate lawyering from the other side of the bench. It fills a curious void in the existing literature on appellate advocacy, until now authored almost exclusively by non-judges. While practitioners and academics often have invaluable insights, theirs is only half the story." -Alex Kozinski, Judge, U.S. Court of Appeals for the Ninth Circuit
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Making Your Case

The Art of Persuading Judges

Author: Antonin Scalia,Bryan A. Garner

Publisher: West Legalworks

ISBN: 9780314184719

Category: Law

Page: 245

View: 3819

Presents the basics of writing legal briefs and giving oral arguments, with discussions on the essentials of building a case through legal reasoning and the key elements of persuasive and successful oral pleading in the courtroom.
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Advanced Legal Writing

Theories and Strategies in Persuasive Writing, Third Edition

Author: Michael R. Smith

Publisher: Wolters Kluwer Law & Business

ISBN: 1454819170

Category: Law

Page: 416

View: 4703

With a practical focus on persuasive writing strategies, Advanced Legal Writing: Theory and Strategies in Persuasive Writing explores three classical techniques: logos, pathos, and ethos, and provides students with a thorough introduction to the elements of rhetorical style. Unlike many other advanced legal writing texts, which tend to focus on a document-specific approach, this unique coursebook focuses on classical writing strategies that students can apply to a wide range of settings. The depth and scope of this text make it appropriate for upper-level legal writing courses. The Third Edition has been expanded to include the use of movies and other popular culture media in chapters dealing with literary references. There have also been substantial revisions to the chapter on policy. Features: Comprehensive coverage of the technical aspects of rhetorical style: metaphor, literary allusion, and figures of speech. Emphasizes theory as well as practice, building on three basic strategies of persuasive legal writing: Logos: Logic and rational argument. o Pathos: Value-based argument. Ethos: Establishing credibility. Highlights interdisciplinary contributions to persuasive writing from diverse fields, including cognitive psychology, classical rhetoric, and morality theory. Presents effective strategies that extend beyond the trial or appellate brief to a broad range of documents and settings. Covers new developments in cognitive psychology, pathos, persuasion, and the role of metaphor in persuasive legal writing. Depth and scope appropriate for upper-level legal writing classes. Thoroughly updated, the revised Third Edition offers: Substantial revisions to the chapter on policy. Expanded chapters on literary references now include other media, e.g., movies and other pop culture platforms.
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The Legal Writing Handbook

Analysis, Research, and Writing

Author: Laurel Currie Oates

Publisher: Wolters Kluwer Law & Business

ISBN: 1454845597

Category: Law

Page: 948

View: 3360

The Legal Writing Handbook: Analysis, Research, and Writing, continues in the tradition that has made it a resounding success and a leading text for almost two decades, offering a complete teaching package with everything a student needs for the legal writing course. Features: Updated with the goal of making students practice ready. New chapter on writing e-memos, that is, shorter, less formal memos that might be embedded in an email. Exercises added to the research chapters Expanded chapter on letters that discusses both opinion letters and demand letters.
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The Art of Oral Advocacy

Author: David C. Frederick

Publisher: West Academic

ISBN: 9780314195012

Category: Law

Page: 331

View: 5482

This book reveals the inside secrets from one of the country's leading Supreme Court advocates about how to prepare to argue in court. Chapters in this book include organizing an approach to preparation, handling the wide range of questions judges ask, honing openings, basic approaches to presenting argument, common mistakes, and attributes of the best advocates. Throughout, the author illustrates points with examples from real cases. It is ideal for first-year writing and advocacy programs, for upper-level appellate advocacy courses and clinics, for moot court competitions, and as a review resource for attorneys.
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Plea Bargaining - Third Edition

Author: G. Nicholas Herman

Publisher: Juris Publishing, Inc.

ISBN: 1578233542

Category: Law

Page: 596

View: 9484

Plea Bargaining -- the only comprehensive, fully up-to-date reference on the subject -- teaches you how to negotiate the best deal. It discusses the nature, types and goals of plea bargaining, and treats in detail a wide variety of styles and strategies. Attorneys on both sides of the aisle know that effective plea bargaining is both an art and a science. You'll find extensive analysis of plea bargaining in the federal courts, the process of negotiating with the U.S. Attorney under the U.S. Sentencing Guidelines, as well as the plea policies of the Department of Justice contained in the United States Attorney’s Manual and the Principles of Federal Prosecution. Other pertinent standards and rules such as the ABA Standards for Criminal Justice, National District Attorneys Association Prosecution Standards and the ABA Model Rules of Professional Conduct are also discussed.
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Just Briefs

Author: Laurel Currie Oates,Anne Enquist,Connie Krontz

Publisher: Wolters Kluwer Law and Business

ISBN: 9781454805540

Category: Law

Page: 284

View: 4550

From the distinguished authors of the popular Legal Writing Handbook, Fourth Edition, comes this clear and focused treatment of briefs, in the authors'effective step-by-step writing style. Developed from the coverage on briefs from the authors' successful Legal Writing Handbook, this text includes: focused coverage on how to write briefs helpful examples of trial and appellate briefs how to present an effective oral argument straightforward, step-by-step exposition Designed to complement any comprehensive legal writing coursebook, Just Briefs, Second Edition, provides clear and focused coverage of the writing techniques unique to creating effective briefs.
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The Winning Oral Argument

Enduring Principles with Supporting Comments from the Literature

Author: Bryan A. Garner

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 262

View: 7119

In this eminently browsable book, Bryan A. Garner has collected and arranged the most important, interesting, and penetrating statements from judges and lawyers about how to conduct an oral argument. Each didactic principle is stated, briefly explained, and then illustrated with quotations from a dazzling array of sources, ancient and modern. Novices and veterans alike will find helpful advice in these pages, which systematically explain the subtleties of the art more lucidly than any previous work has done.
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Writing and Analysis in the Law

Author: Helene Shapo,Elizabeth Fajans,Marilyn Walter

Publisher: Foundation Press

ISBN: 9781683282372

Category:

Page: N.A

View: 8298

A standard-setter in American legal education, Writing and Analysis in the Law provides a guide to legal writing, focusing on the importance of thoughtful, thorough analysis and clear organization in written communications. Developed as a textbook for a first-year law school course and successful in courses for foreign LLM students, the book introduces law students to analyzing and writing about legal authority in cases and statutes. It discusses the structure and persuasive techniques of effective argumentation. The book makes effective use of high-quality and illustrative examples and writing exercises. It also includes access to helpful PowerPoint slides for use in the classroom and class preparation. Lucid, compact, and up-to-date, this work consistently draws acclaim in law schools across the country. The 7th edition has a new chapter on exam writing; a new section on the small-scale organization that focuses on case synthesis, case comparison, and counter-arguments; an expanded chapter on appellate briefs that adds material on the standard of review, theory of the case, persuasive writing techniques, and affirmative statements of law; new examples and exercises; and a new closed universe sample office memorandum and a new sample appellate brief.
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Legal Reasoning and Legal Writing (Looseleaf)

Author: Richard K. Neumann, Jr.,Kathryn M. Stanchi

Publisher: Aspen Publishers

ISBN: 9781454889106

Category:

Page: 453

View: 8082

Buy anew versionof this Connected Casebook and receiveaccessto theonline e-book, practice questionsfrom your favorite study aids, and anoutline toolon CasebookConnect, the all in one learning solution for law school students. CasebookConnect offers you what you need most to be successful in your law school classes - portability, meaningful feedback, and greater efficiency. This looseleaf version of the Connected Casebook does not come with a binder. Legal Reasoning and Legal Writing teaches students how to organize and incorporate a legal argument into strong and cogent writing for a variety of applications in legal practice. Because effective legal writing is predicated on sound legal reasoning, the authors treat both as integral parts of one process. Key Features: Comprehensive coverage of how to write an office memo, motion memo, and appellate brief--with additional chapters on oral argument, client letters, and professional email Exceptionally student-friendly treatment of how to organize a proof for a conclusion of law A thoughtful look at all aspects of legal reasoning, from rule-based analysis to the strategy of persuasion An accessible approach that focuses on the process of writing timely examples and exercises from legal practice A full complement of sample documents in the Appendices Additional materials and resources on the Companion Website. A timely revision that reflects current practice, the Eighth Edition presents: Expanded coverage of oral research reports and email correspondence New sample appellate briefs from a recent transgender rights case A fresh look at statutory construction and case analysis CasebookConnectfeatures: ONLINE E-BOOK Law school comes with a lot of reading, so access your enhanced e-book anytime, anywhere to keep up with your coursework. Highlight, take notes in the margins, and search the full text to quickly find coverage of legal topics. PRACTICE QUESTIONS Quiz yourself before class and prep for your exam in the Study Center. Practice questions fromExamples & Explanations, Emanuel Law Outlines, Emanuel Law in a Flashflashcards, and other best-selling study aid series help you study for exams while tracking your strengths and weaknesses to help optimize your study time. OUTLINE TOOL Most professors will tell you that starting your outline early is key to being successful in your law school classes. The Outline Tool automatically populates your notes and highlights from the e-book into an editable format to accelerate your outline creation and increase study time later in the semester.
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A Practical Guide to Legal Writing and Legal Method

Author: John C. Dernbach,Richard V. Singleton,Cathleen S. Wharton,Catherine J. Wasson,Joan M. Ruhtenberg

Publisher: Wolters Kluwer Law & Business

ISBN: 1454887923

Category: Law

Page: 512

View: 6678

A Practical Guide to Legal Writing and Legal Method continues to provide complete coverage of basic legal writing and analysis with the clarity and precision that has made it a classic in the field. The text is concise and flexible, teaching students to apply legal method concepts to a written or oral argument through a combination of introductory exposition, extensive examples, and practice exercises. Offering great teaching opportunities in the classroom, the lessons and examples also support independent study and review. A valuable text that students will want to keep as practitioners.
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The First Amendment and Related Statutes

Problems, Cases and Policy Arguments

Author: Eugene Volokh

Publisher: Foundation Press

ISBN: 9781634605106

Category:

Page: 1141

View: 1917

This popular casebook examines the First Amendment using expertly-edited cases, summaries of the law, analysis of the structure of policy arguments, and problems for class discussion. The new edition features updated coverage of strict scrutiny, content-neutral restrictions, the government as subsidizer, the no endorsement principle, the no coercion principle, and religious exemptions.
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Fundamental Trial Advocacy

Author: Charles H. Rose

Publisher: West Group

ISBN: 9780314177087

Category: Law

Page: 415

View: 1489

" This book is designed to empower advocates everywhere to more effectively represent clients. It does so by focusing on the law, the skill, and the art of advocacy, combining these three portions of the advocacy process to ensure that the final product outweighs the sum of its parts. This book takes the common-sense approaches of the National Institute for Trial Advocacy and Professor Mauet's work at the University of Arizona, combining the best of their methodologies with a superior structure for case analysis and an attention to the art of advocacy that is not normally discussed."--Publisher's website.
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Legal Writing

Author: Richard K. Neumann Jr.,J. Lyn Entrikin,Sheila Simon

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860065

Category: Law

Page: 448

View: 4444

Legal Writing, 3E is written in a engaging style with the authors explaining analytical writing in a concise, friendly, and accessible way. Legal Writing, 3E includes outstanding coverage on organizing analysis according to the CREAC formula (also known as the paradigm), the writing process, storytelling techniques, rule analysis, statutory interpretation, and professionalism. In addition, the book has a dynamic website that includes Sheila Simon's famed lasagna and other exercises together with checklists and other learning tools. Key Features: Expanded coverage of professional email New sample documents: office memo, client letter, and motion memo Revised chapters on legal rules, statutory interpretation, point headings Expanded chapters on selecting authority, questions presented, and standards of review New chapters on client counseling and interviewing New, expanded, and updated exercises Redesigned with a new and attractive layout and typography throughout the book
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Legal Research, Analysis, and Writing

Author: William H. Putman,Jennifer Albright

Publisher: Cengage Learning

ISBN: 1305948378

Category: Law

Page: 832

View: 509

Ever popular, LEGAL RESEARCH, ANALYSIS, AND WRITING, Fourth Edition delivers the basics in an easy-to-read, step-by-step manner to ready paralegals for work in law offices and legal departments. Content addresses essential research and writing skills, such as identifying key facts, issue spotting, analysis and counteranalysis, traditional and online research, secondary authorities and citating, writing legal briefs and memoranda, and techniques for good legal writing. In addition, this book includes scenarios, examples, exercises, and other features that clarify concepts and fine tune writing abilities. And, of course, the fourth edition offers the latest updates—with special attention to electronic research methods using fee-based and non-fee-based digital tools—to help paralegals stand out in today’s tech-driven job market. Important Notice: Media content referenced within the product description or the product text may not be available in the ebook version.
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Forced Labour and Human Trafficking

Casebook of Court Decisions : a Training Manual for Judges, Prosecutors, and Legal Practitioners

Author: N.A

Publisher: International Labour Organisation

ISBN: 9789221221777

Category: Business & Economics

Page: 109

View: 1377

Forced labor and human trafficking have evolved into numerous and often subtle forms of abuse and exploitation, posing a challenge for law enforcement. This casebook covers a range of national experience, from judicial decisions on forced and bonded labor in developing countries to more recent decisions on forced labor and trafficking in industrialized countries. It seeks to illustrate how national court decisions have taken into account the provisions of the ILO's own Conventions on Forced Labor and how this may provide guidance for future court decisions. By increasing familiarization with--and awareness of--jurisprudence on forced labor, judicial practitioners would be able to cultivate a cross-fertilization of experience and dialogue, both within and between domestic and international courts. This casebook is a part of the ILO's Special Action Program to Combat Forced Labor. It is aimed at judges, prosecutors, and other legal practitioners to provide guidance in adjudicating cases, drafting legislation, investigating allegations, and bringing charges in courts or labor tribunals.
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Business Associations

Agency, Partnerships, and Corporations : Cases and Materials

Author: William A. Klein,J. Mark Ramseyer,Stephen M. Bainbridge

Publisher: Foundation Press

ISBN: 9781609300647

Category: Law

Page: 928

View: 7743

With the prior edition of this concise, up-to-date casebook having been adopted at over 100 law schools, the eighth edition preserves the authors' tradition of providing a comprehensive overview of agency, partnership, and corporation law. It also continues to emphasize six basic editorial principles: Be lean but not mean, cases edited ruthlessly to produce a readable and concise result. Facts matter, so they are included in all their potential ambiguity. Bring a planner's perspective to the table through extensive use of transactionally-oriented problems. It's a casebook not a treatise. No long, stultifying textual passages. Provide the cases and let the individual teacher use them as he or she sees fit. Try to find cases that are fun to teach. Great facts or a clever analysis are always given first priority in case selection. Provide a teachers' manual that goes into great depth, with analysis of every case and, whenever applicable, offering the disparate views of each author. An exhaustive teachers' manual extensively discusses every case and provides answers to every question in the text. One feature that many adopters find especially helpful is that all three editors give their own approach to the cases, showing the different ways in which the same case can be taught. Annually updated PowerPoint slides cover almost all sections of the book and feature an extensive use of data, graphics, and photos. For more information and additional teaching materials, visit the companion site.
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Legal Writing

Process, Analysis, and Organization

Author: Linda H. Edwards

Publisher: Wolters Kluwer Law & Business

ISBN: 1454895918

Category: Law

Page: 432

View: 5084

Legal Writing: Process, Analysis, and Organization, Seventh Edition by the 2017 Burton Award recipient and renowned author, Linda Edwards, is the only legal writing text that uses a process approach, presenting writing as a logical sequence of steps. Streamlined to meet the needs of today’s students, the Seventh Edition uses adult learning theory concepts and a “flipped classroom” approach to add even greater focus and efficiency to classroom and study time. Key Features: New Chapter (4) on working with statutes. Updated chapter on citation Improved coverage of brief-writing Streamlined chapter on letter writing to better meet the need of a first-year course. Modern process approach, with streamlined content for better absorption by students Clear and informal language Helpful appendices offering sample of office memos, sample letters, and appellate briefs.
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