The Winning Brief

The Winning Brief

This book explains the art of effective writing in 100 concise, practical, and easy-to-use tips, proving that the key to writing well is to understand the judicial readership.

Author: Bryan Garner

Publisher: Oxford University Press, USA

ISBN: 0199378355

Category: Law

Page: 775

View: 178

In its first two editions, The Winning Brief explained the art of effective writing in 100 concise, practical, and easy-to-use tips, proving that the key to writing well is to understand the judicial readership. This third edition of Bryan A. Garner's modern classic delivers the same invaluable guidelines with even more supporting evidence. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present. In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he warns - and demonstrates how to do just that. Every tip begins with a set of quotable quotes from experts, followed by Garner's masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words ("Strike pursuant to from your vocabulary."), quoting authority, citing sources, and designing a document that looks as impressive as it reads. Throughout, Garner shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. In this much-expanded third edition, Garner has perfected the text with nine new tips, hundreds of new examples, and amplified explanations throughout-all in his trademark style. Among the new sections are tips on understanding judges' reading habits, answering opponents' arguments, writing effective reply briefs, using authorities persuasively, and organizing arguments based on statutes and contracts. Quotable quotes, which Garner carefully assembled after years of wide reading and close study, have been expanded and improved throughout the book. There is also a new appendix on a remarkable brief that some consider the best ever written ("a beautiful marriage of rhetorical skill, thorough research, and humane lawyering"). Perhaps the biggest change to this edition is that every tip now ends with a summary checklist that recaps and crystalizes the subpoints just covered, with further ideas for improvement. Garner conceived these checklists in part as a way to help readers approach his book as a set of 100 tutorials. Reviewing and practicing each tip will offer brief-writers a degree of mastery that more cavalier colleagues will find difficult to equal. An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf--it should be open on your desk.
Categories: Law

The Winning Brief 100 Tips for Persuasive Briefing in Trial and Appellate Courts

The Winning Brief  100 Tips for Persuasive Briefing in Trial and Appellate Courts

The Winning Brief 100 TIPS FOR PERSUASIVE BRIEFING IN TRIAL AND APPELLATE COURTS Second Edition Bryan A. Garner 1 Oxford New York Auckland Bangkok Buenos Aires Cape Town 1 THE WINNING BRIEF 100 Tips for Persuasive Briefing in Trial and ...

Author: Bryan A. Garner

Publisher: Oxford University Press

ISBN: 0199826625

Category: Law

Page: 528

View: 647

Good legal writing wins court cases. It its first edition, The Winning Brief proved that the key to writing well is understanding the judicial readership. Now, in a revised and updated version of this modern classic, Bryan A. Garner explains the art of effective writing in 100 concise, practical, and easy-to-use sections. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present. In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he warns-and demonstrates how to do just that. Beginning each tip with a set of quotable quotes from experts, he then gives masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words ("Strike pursuant to from your vocabulary."), quoting authority, citing sources, and designing a document that looks as impressive as it reads. Throughout, he shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. Filled with examples of good and bad writing from actual briefs filed in courts of all types, The Winning Brief also covers the new appellate rules for preparing federal briefs. Constantly collecting material from his seminars and polling judges for their preferences, the second edition delivers the same solid guidelines with even more supporting evidence. Including for the first time sections on the ever-changing rules of acceptable legal writing, Garner's new edition keeps even the most seasoned lawyers on their toes and writing briefs that win cases. An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf--it should be open on your desk.
Categories: Law

Brief Writing Master Plan

Brief Writing Master Plan

Garner, Bryan A. The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts. 3rd ed. Oxford University Press, 2014. 48. Gidi, Antonio, and Henry Weihofen. Legal Writing Style. 3rd ed. West Academic Publishing ...

Author: Chinua Asuzu

Publisher: Partridge Publishing Singapore

ISBN: 9781543771190

Category: Education

Page: 693

View: 214

As much a sword as a shield, Brief-Writing Master Plan offers an unparalleled and unprecedented curriculum of written advocacy. It’s a sparkling, alchemical blend of doctrine, ethics, and skills. It recruits linguistics, logic, psychology, rhetoric, and semantics into the arsenal of learned advocacy. It contains the rhetorical wisdom of ages, pages, and sages. An advocate files a brief to persuade the judge to decide the lawsuit in favor of the advocate’s client. The keyword is persuade. Too often, advocates forget this and write to please themselves. They address themselves instead of the court. They write in chest-thumping prose and style. Advocates will do well to keep in mind that in advocacy, all that counts is persuading the judiciary. Hence, Brief-Writing Master Plan responds to the judicial wish list for advocates’ writing style and substance. This book is a transformative resource with the potential to accelerate court proceedings by easing judicial burdens and caseloads. A sober reflection on the advocate’s duty to the court, Brief-Writing Master Plan encourages professional candor, decency, and honesty. Writing as taught in this book will surely propel you to the top 1% of the global legal profession and secure your legacy.
Categories: Education

Judicial Writing

Judicial Writing

118 Bryan A. Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts, 3rd ed., Oxford University Press, 2014, 93. 119 Stanley L. Payne, The Art of Asking Questions, 1951, 71, quoted in Bryan A. Garner, ...

Author: Chinua Asuzu

Publisher: Partridge Africa

ISBN: 9781482862256

Category: Education

Page: 304

View: 847

To validate their institutional continuance as a branch of government, writes Chinua Asuzu, judges must make sound decisions. They must also articulate and express those decisions efficiently and comprehensibly. This book shows how. This book will help judges, arbitrators, and other decision-writers master the art and science of judicial writing. A most welcome guide, Judicial Writing: A Benchmark for the Benchsets a high, yet attainable, standard of excellence for writing judicial decisions. It will no doubt become the reference point for judging judges and their judgments. Chinua Asuzu is that uncommon lawyer who wrote The Uncommon Law of Learned Writing. His other works includeAnatomy of a Brief andFair Hearing in Nigeria. A versatile arbitrator, Asuzu served as an administrative-law judge at the Tax Appeal Tribunal in Nigeria from 2010 to 2016.He is now the Senior Partner of Assizes Lawfirm, a team of tax lawyers.
Categories: Education

The Uncommon Law of Learned Writing

The Uncommon Law of Learned Writing

132 Bryan A Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts, 3rd ed., New York, Oxford University Press, 2014, 265. 133 Gerald Lebovits, 'Do's, Don'ts, and Maybes: Legal Writing Do's – Part II', ...

Author: Chinua Asuzu

Publisher: Partridge Africa

ISBN: 9781482809053

Category: Education

Page: 248

View: 652

The Uncommon Law of Learned Writing encourages and motivates lawyers and nonlawyers alike to prefer plain English to the legalese and verbosity that have plagued legal writing for centuries.
Categories: Education

Motion Practice

Motion Practice

Darby Dickerson, Motion Potion: Tips for Magical Memoranda, PRAC. LITIGATOR, Jan. 2005, at 7. BRYAN A. GARNER, THE WINNING BRIEF: 100 TIPS FOR PERSUASIVE BRIEFING IN TRIAL AND APPELLATE COURTS (2d ed. 2004).

Author: David F. Herr

Publisher: Wolters Kluwer

ISBN: 9781454871491

Category: Motions (Law)

Page: 972

View: 684

This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Seventh Edition shows you both what is permissible and what is advisable in such aspects of motion practice as: Formal requirements Strategic uses Use of supporting documents Effective advocacy Persuasive oral argument Ethical issues The authors include a table of deadlines affecting motions, along with sample forms and illustrative trial examples.
Categories: Motions (Law)

Persuasive Written and Oral Advocacy

Persuasive Written and Oral Advocacy

Plain English: An Empirical Study of Persuasion and Credibility in Appellate Brief Writing, 20 LOY. L.A. L. REV. 301 (1987). 21.BRYAN A. GARNER, THE WINNING BRIEF: 100 TIPS FOR PERSUASIVE BRIEFING IN TRIAL AND APPELLATE COURTS 235 (3d ...

Author: Michael R. Fontham

Publisher: Aspen Publishing

ISBN: 9781543805413

Category: Law

Page: 597

View: 565

While focused on the appellate setting, Persuasive Written and Oral Advocacy is applicable to all legal writing and speaking, and includes practical guidance for advocacy in federal courts, trial courts, and other situations. Students are given a clear and practical guide to legal writing and oral argument, from the selection of a main theme, to the employment of research, language, and speaking skills that achieve a clear, persuasive legal message. Step-by-step, they learn to organize, prepare, and present winning written and oral arguments. Detailed coverage of trial motion practice as well as appellate practice shows how important it is to consider the judge's time and perspective when preparing an argument. Concrete examples based on a hypothetical case file are liberally spread throughout the text along with extensive advice for editing. Sophisticated, realistic litigation problems in the accompanying Case Files help put principles in practice and allow instructors a great deal of flexibility. Technological developments are explored, including electronic filing and electronic research. New to the Second Edition: Revisions to Supreme Court Rules and Federal Rules of Appellate Procedure Updated use and citation of literature Additional advice on achieving writing and speaking goals Professors and students will benefit from: The book explains "how to" achieve effective briefs and argument. Examples make the advice concrete rather than abstract. The book provides extensive review and citation of advice from judges and practitioners. Organization permits teachers to select material as appropriate for class needs.
Categories: Law

Winning on Appeal

Winning on Appeal

Bryan A. Garner, Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts 107 (3d ed. 2014). 17. S. Eric Ottensen, Effective Brief-Writing for California Appellate Courts, 21 San Diego L. Rev. 371, 377 (1984). 18.

Author: Tessa L. Dysart

Publisher: Aspen Publishing

ISBN: 9781601567253

Category: Law

Page: 504

View: 338

When the late Ruggero J. Aldisert wrote Winning on Appeal in 1992, it became an instant classic in law school classrooms and appellate law practices across the country. To celebrate the twenty-fifth anniversary of the book’s release, Tessa L. Dysart and Leslie H. Southwick carry on the Aldisert tradition of revealing the "nuts and bolts" of how to prepare an effective brief with the nuanced art of a delivering a persuasive appeal to the court. Their meticulously rendered update is replete with dozens of interviews with leading appeals judges and practitioners—treasured guidance from a bona fide who’s who of appellate advocacy in America—and escorts readers into the “wired” courtroom of the twenty-first century, where they explore the benefits and challenges of melding technology with appellate advocacy. With a Foreword penned by U.S. Supreme Court Associate Justice Samuel A. Alito, Jr., Winning on Appeal conveys the perfect blueprint for any lawyer who wants to win on appeal. Reviews "I argued before Judge Aldisert as a young attorney, and I learned from the experience of trying to hold my own in front of the former Marine. I will certainly never forget those occasions. Arguing before Judge Aldisert was the best (and therefore the most demanding) Socratic experience imaginable. Woe to the lawyer who was unprepared or, worse yet, tried to pull something on the court! But to paraphrase that famous Sinatra song, if you could make it arguing in front of Judge Aldisert, you could make it anywhere. I am very pleased that Rugi’s teaching will live on after him in this new edition of Winning on Appeal. For new appellate advocates, this volume should be required reading. I wish that it had been available when I argued my first case. For more experienced attorneys, the book contains advanced tips and reminders that may serve as a corrective against the bad habits that are easy to acquire. For any attorney who wants to know how to win on appeal, this is where to look." — Samuel A. Alito, Jr., Associate Justice, U.S. Supreme Court
Categories: Law

American Judicial Process

American Judicial Process

Advice on the preparation of persuasive briefs abounds. See, e.g., Bryan A. Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts, Second Edition (New York, NY: Oxford University Press, ...

Author: Pamela C. Corley

Publisher: Routledge

ISBN: 9781136286568

Category: Political Science

Page: 474

View: 593

This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays—and often distorts—the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.
Categories: Political Science

American Tyranny

American Tyranny

The best resource today to learn how to write an outstanding brief is Bryan A. Garner, author of The Winning Brief / 100 Tips for Persuasive Briefing in Trial and Appellate Courts. He provides 100 tips from start to finish as he coaches ...

Author: Michael Sawukaytis

Publisher: Author House

ISBN: 9781481733083

Category: Education

Page: 273

View: 886

2013 marks the 100th anniversary of our federal income tax enacted in 1913. This book is based on sound legal research, court records, compelling exhibits and actual litigation by the author. To understand Our Tax-Apocalypse, the reader will discover that the federal income tax collected today is NOT the federal income tax enacted by the U.S. Congress in 1913 or defined by the U.S. Supreme Court in 1916. Driven by boundless arrogance, this special unauthorized income tax is possibly the root cause for the destruction of our freedom and our economy. Th e reader will also learn that there is a tangible remedy on the horizon IF the will of Th e People so chooses. Th e remedy is a simpler tax called Th e FairTax and its designed to emancipate our citizens from acts of federal peonage and restore the prosperity of our economy so that Liberty and the Pursuit of Happiness are once again achievable goals for our future generations to come. When the government fears the people, there is liberty; when the people fear the government, there is tyranny. -Thomas Jefferson Thank you Michael Sawukaytis- Author
Categories: Education