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: 8283

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: 1709

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

Making Your Case

The Art of Persuading Judges

Author: Antonin Scalia,Bryan A. Garner

Publisher: West Legalworks

ISBN: 9780314184719

Category: Law

Page: 245

View: 3516

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.

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: 542

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.

The Legal Writing Handbook

Analysis, Research, and Writing

Author: Laurel Currie Oates

Publisher: Wolters Kluwer Law & Business

ISBN: 1454845597

Category: Law

Page: 948

View: 1943

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.

Plea Bargaining - Third Edition

Author: G. Nicholas Herman

Publisher: Juris Publishing, Inc.

ISBN: 1578233542

Category: Law

Page: 596

View: 7120

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.

Just Briefs

Author: Laurel Currie Oates,Anne Enquist,Connie Krontz

Publisher: Wolters Kluwer Law and Business

ISBN: 9781454805540

Category: Law

Page: 284

View: 8970

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.

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: 1351

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.

Writing and Analysis in the Law

Author: Helene Shapo,Elizabeth Fajans,Marilyn Walter

Publisher: Foundation Press

ISBN: 9781683282372

Category:

Page: N.A

View: 635

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.

Legal Reasoning and Legal Writing

Author: Richard K. Neumann,Richard K. Neumann, Jr.,Kristen Konrad Tiscione

Publisher: Wolters Kluwer Law and Business

ISBN: 9781454826972

Category: Law

Page: 468

View: 2146

A leading text in legal writing, Legal Reasoning and Legal Writing explores the nuts and bolts of writing an office memo, a motion memo, and an appellate brief. In addition, chapters are included on oral argument and client letters. Well-known and highly regarded authors deliver the best explanation available on the reasoning underlying the proof of a conclusion of law. Thoughtful coverage of all aspects of legal reasoning goes from rule-based analysis to the strategy of persuasion. Helpful instruction on the process of writing accompanies a study of the mechanics of style and grammar. Examples and exercises throughout the text provide needed practice. The presentation of the Seventh Edition is tighter with a more open page design that is even easier to read. Coverage has been fine-tuned in response to user feedback. There are now new chapters on email memos and a new appendix on document design. Additional insight is given on the writing process as well as the process of persuasion, all with updated examples and exercises. Chapters on briefing cases, interviewing clients, and writing exam answers, as well as appendices on basic legal usage and rules of punctuation have been moved to the website for easy access. Features: comprehensive coverage office memos motion memo appellate briefs oral argument client letters best explanation available on the Paradigm for Organizing a Proof of a Conclusion of Law thoughtful coverage of all aspects of legal reasoning, from rule-based analysis to the strategy of persuasion careful instruction on process of writing, as well as mechanics of style and grammar examples and exercises included throughout. well-known and highly regarded authors Thoroughly updated, the revised Seventh Edition presents: tighter presentation and with an open page design making the material more accessible new chapters on email memos updated examples and exercises fine-tuned coverage in response to feedback from users new material on the writing process additional insight on the process of persuasion new appendix on document design material on briefing cases; obtaining fact; writing exam answers; and appendices on basic legal usage and Rules of Punctuation moved to the website for greater convenience

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: 6331

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.

The First Amendment and Related Statutes

Problems, Cases and Policy Arguments

Author: Eugene Volokh

Publisher: Foundation Press

ISBN: 9781634605106

Category:

Page: 1141

View: 4239

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.

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)

Publisher: American Bar Association

ISBN: 9781604421071

Category: Law

Page: 188

View: 7269

The 2008 Edition of the Model Rules of Professional Conduct is an up-to-date resource for information on lawyer ethics. The Rules, with some variations, have been adopted in 48 jurisdictions. Federal, state, and local courts in all jurisdictions, even those that have not formally adopted the Rules, look to the Rules for guidance in resolving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions, and much more.

The Latinos and the Law

Cases and Materials

Author: Richard Delgado,Juan F. Perea,Jean Stefancic

Publisher: West Academic Publishing

ISBN: 9780314161246

Category: Law

Page: 883

View: 2638

The first casebook of its kind, Latinos and the Law contains a rich array of issues relating to this important and rapidly growing group, ranging from legal and social construction, to language, education, immigration, stereotyping, workplace discrimination, rebellious lawyering, and the special issues of Latinas. Beginning with histories of the main subgroups, early sections discuss theoretical approaches such as post-colonialism, critical race theory, and the black-white binary of race that have proven useful in understanding the Latino/a condition. With a rich selection of cases, statutes, documents, notes, questions, and bibliographic references, this volume represents a welcome resource for teachers, scholars, and students.

Legal Writing

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

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860065

Category: Law

Page: 448

View: 9199

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

Fundamental Trial Advocacy

Author: Charles H. Rose

Publisher: West Group

ISBN: 9780314177087

Category: Law

Page: 415

View: 2368

" 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.

Cracking the Case Method, Legal Analysis for Law School Success

Author: Paul Bergman,Patrick D. Goodman,Thomas W. Holm

Publisher: West Academic Publishing

ISBN: 9781640202016

Category: Case method

Page: 281

View: 9759

For about 150 years, law schools have relied on the Case Method to teach the skills and art of legal analysis to first-year law students. Yet many students struggle academically, not due to lack of intellectual ability but because they are suddenly immersed in a unique and seemingly opaque educational process without receiving any explanation of what they should be trying to learn, much less how to learn it. Why do reading assignments consist of appellate court opinions? Why do professors rely on the Socratic Method? Why do law school classes so often leave students with more questions than answers? What do instructors look for when grading answers to essay exams? Why can law students know "all the rules," yet get poor grades? Cracking the Case Method, 2d ed., provides concise and down-to-earth information on how to succeed in law school by answering these questions and many others. Students need to know what to study and how the opinions they read and class meetings relate to law school exams. This book provides an in-depth examination of these critical topics: The Case Method and its relationship to Socratic-style questioning and effective legal analysis. Semester-long strategies for learning how to "think like a lawyer" by getting the most out of reading opinions, attending classes, outlining, and preparing effectively for exams. How to read cases with a focus on legal issues, legal principles, and judges' rationales for adopting and applying those principles. How to prepare case briefs and use them to prepare for class. The major types of legal argument, with many illustrations drawn from actual cases. Using class discussions as opportunities to practice legal analysis, based on annotated excerpts from actual first-year class discussions. Preparing for exams by outlining course materials and practicing exam-taking skills. An approach for analyzing exam questions and writing effective exam answers that display legal analytical skills, with illustrations drawn from actual essay exam questions and annotated answers. This book provides indispensable information to anybody who is considering applying to law school, preparing for his or her 1L year, or who currently is in law school.

Legal Research, Analysis, and Writing

Author: William H. Putman,Jennifer Albright

Publisher: Cengage Learning

ISBN: 1305948378

Category: Law

Page: 832

View: 7884

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.

Business Organizations

Cases, Problems, and Case Studies

Author: D. Gordon Smith,Cynthia A. Williams

Publisher: Aspen Publishers

ISBN: 1454868368

Category: Law

Page: 864

View: 5664

Reflecting ongoing changes in the structure and regulation of modern business practice, Business Organizations: Cases, Problems, and Case Studies, Fourth Edition offers a unique combination of doctrine, problems, and case studies. Recent, high-interest cases are balanced against classic teaching chestnuts. Brief, innovative problems are used in combination with longer case studies. Recent Delaware Supreme Court decisions, updated case studies, and a strong website support a clear and sustained examination of the role and purview of the law in business transactions. New to the Fourth Edition: Recent Delaware Supreme Court and Chancery Court cases, including eBay v. Newmark; DFC Global v. Muirfield Value Partners; In re: Trulia; Kahn v. M&F Worldwide (MFW); Corwin v. KKR; and new parent/subsidiary vicarious liability cases New textual coverage of developing trends such as shareholder activism, exploding deal litigation and judicial efforts to reign it in, hedge fund appraisal arbitrage, and Public Benefit Companies Revised Uniform Partnership Act materials, as updated through 2013 Updated case studies and problems that consistently reinforce topical coverage Professors and students will benefit from: A discriminating selection of fresh cases and classic chestnuts In-depth coverage of how the law applies to modern business structures, (such as joint ventures, venture capital arrangements, franchises, and new limited liability business forms) as well as growth industries (such as computers, biotechnology, and telecommunications) Short problems after selected topics that give students practice applying the legal principles covered in that section Case studies styled on the B-school model that provide opportunities for in-depth analysis of the law in business transactions Hybrid entities treated in detail, including a separate chapter on limited liability companies Teaching materials include: Teacher’s Manual PowerPoint slides and multiple-choice exam questions Prof. Smith’s recorded lectures about many key topics