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

Author: Bryan A. Garner

Publisher: Oxford University Press

ISBN: 9780199826629

Category: Law

Page: 528

View: 7117

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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.
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The Winning Brief

100 Tips for Persuasive Briefing in Trial and Appellate Courts

Author: Bryan A. Garner

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Law

Page: 444

View: 8153

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Does a good writing style help persuade judges? Bryan Garner makes a convincing case that it does. And he should know: in recent years, he has worked with judges all over the country to help them improve their writing of judicial opinions. He has polled judges both formally and informally to learn their preferences. And with his "deep issue" technique, he has even helped shape their preferences. This book is a compendium of Garner's 100 most important tips on brief-writing. Some are major points and some are minor ones. But each one matters because collectively they add up to the most compelling, orderly, and visually appealing brief that an advocate can present. Each tip begins with a set of quotable quotes - some of the most insightful comments that experts have ever made on persuasive writing. Then, Garner elaborates on the tip, usually with before-and-after examples. The book also showcases several full-length model briefs.
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Brief-Writing Masterclass

Author: Chinua Asuzu

Publisher: Partridge Africa

ISBN: 1482878011

Category: Law

Page: 572

View: 8109

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An advocate submits a brief to a court or tribunal to persuade it to decide the cause or matter in favor of the advocates client or position. The key word is persuade. Too often, advocates forget this and write to please themselves. They write to themselves instead of to the court. They write in chest-thumping prose and style. Advocates will do well to keep in mind that in advocacy, persuasion is all that matters. This book teaches persuasive written advocacy. It shows advocatesof all ranks, in all jurisdictions, in all proceedings, before all courts or tribunalshow to prepare and present winning and winsome arguments. Because of its emphasis on winning, the books pedagogy blends law, linguistics, logic, psychology, rhetoric, and semantics.
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Judicial Writing

A Benchmark for the Bench

Author: Chinua Asuzu

Publisher: Partridge Africa

ISBN: 1482862255

Category: Education

Page: 304

View: 4521

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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.
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Persuasive Written and Oral Advocacy in Trial and Appellate Courts

Author: Michael R. Fontham,Michael Vitiello

Publisher: Wolters Kluwer Law & Business

ISBN: 1454828862

Category: Law

Page: 460

View: 4196

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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, video conference oral arguments, and electronic research. The revised Third Edition presents updated and expanded information on electronic filings as well as rule updates, especially local rule issues, and an updated, two-color design. Features: clear and practical guide to legal writing and oral argument the selection of a main message or theme employment of research, language, and speaking skills achieving a clear, persuasive legal message content is applicable to all legal writing and speaking includes practical guidance for advocacy in federal courts, trial courts, and other settings step-by-step guide to organizing, preparing, and presenting winning written and oral arguments detailed coverage of trial motion practice as well as appellate practice emphasizes consideration of the judge's time and perspective when preparing arguments liberal use of concrete examples based on a hypothetical case file, with extensive advice for editing accompanied by Case Files help put in practice the principles advocated throughout the text sophisticated, realistic litigation problems designed to allow instructors flexibility features technological developments--electronic filing, video conference, oral arguments, electronic research sections on harmless error, changes to Rule 32, and the status of unpublished opinions The revised Third Edition presents: updated and expanded information on electronic filings rule updates, especially local rule issues updated, two-color design
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The Uncommon Law of Learned Writing

Author: Chinua Asuzu

Publisher: Partridge Africa

ISBN: 1482809052

Category: Education

Page: 248

View: 650

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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.
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