Brief Writing and Oral Argument

Author: Carole C. Berry

Publisher: West Publishing Company

ISBN: N.A

Category: Appellate procedure

Page: 465

View: 2567

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Author: Hon. Ruggero J. Aldisert

Publisher: LexisNexis

ISBN: 1632814099

Category: Law

Page: N.A

View: 3457

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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The Art of Persuading Judges

Author: Antonin Scalia,Bryan A. Garner

Publisher: West Legalworks

ISBN: 9780314184719

Category: Law

Page: 245

View: 9218

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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Theories and Strategies in Persuasive Writing, Third Edition

Author: Michael R. Smith

Publisher: Wolters Kluwer Law & Business

ISBN: 1454819170

Category: Law

Page: 416

View: 1550

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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Analysis, Research, and Writing

Author: Laurel Currie Oates

Publisher: Wolters Kluwer Law & Business

ISBN: 1454845597

Category: Law

Page: 948

View: 2359

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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Author: David C. Frederick

Publisher: West Academic

ISBN: 9780314195012

Category: Law

Page: 331

View: 9225

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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Author: G. Nicholas Herman

Publisher: Juris Publishing, Inc.

ISBN: 1578233542

Category: Law

Page: 596

View: 8442

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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Author: Laurel Currie Oates,Anne Enquist,Connie Krontz

Publisher: Wolters Kluwer Law and Business

ISBN: 9781454805540

Category: Law

Page: 284

View: 9357

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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Enduring Principles with Supporting Comments from the Literature

Author: Bryan A. Garner

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 262

View: 6315

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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Author: Helene Shapo,Elizabeth Fajans,Marilyn Walter

Publisher: Foundation Press

ISBN: 9781683282372

Category:

Page: N.A

View: 6526

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

Publisher: Aspen Publishers

ISBN: 9781454889106

Category:

Page: 453

View: 6149

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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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: 7949

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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Problems, Cases and Policy Arguments

Author: Eugene Volokh

Publisher: Foundation Press

ISBN: 9781634605106

Category:

Page: 1141

View: 7210

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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BPR

Author: N.A

Publisher: N.A

ISBN: N.A

Category: American literature

Page: N.A

View: 5587

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

Publisher: Wolters Kluwer Law & Business

ISBN: 1454860065

Category: Law

Page: 448

View: 4949

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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Author: William H. Putman,Jennifer Albright

Publisher: Cengage Learning

ISBN: 1305948378

Category: Law

Page: 832

View: 5598

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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Cases and Materials

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

Publisher: West Academic Publishing

ISBN: 9780314161246

Category: Law

Page: 883

View: 2884

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

Publisher: West Academic Publishing

ISBN: 9781640202016

Category: Case method

Page: 281

View: 2554

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.
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