A Practical Guide to Appellate Advocacy

Author: Mary Beth Beazley

Publisher: Aspen Publishers

ISBN: 1454896345

Category: Law

Page: 512

View: 2899

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Mary Beth Beazley’s highly regarded A Practical Guide to Appellate Advocacy is a comprehensive student-focused guide to writing appellate briefs. Written in an understandable, direct writing style, this concise paperback’s effective structure centers on a four-point approach to writing and breaks each point down into key elements that are then treated in-depth. New to the Fifth Edition: New bullets at the end of each chapter reviewing major takeaways Expanded coverage of research advice in Chapter 3, including discussion on Boolean searches A new chapter on using statutes in briefs, covering Reading statutes effectively Making statutory interpretation arguments Research techniques for statutory interpretation arguments Professors and students will benefit from: Student-friendly writing that is easy to read and understand Annotated examples – both good and bad – that help students understand why certain methods are effective Chapters on effective use of cases and statutes that address common problems experienced by students Numerous formulas that make learning and remembering easy: Creac Formula for effective topic sentences Formula for effective case descriptions ""Template"" formula for effective signals to the reader Teaching materials include: Powerpoints with effective examples and teaching notes Self-grading guidelines and examples of self-grading of effective and ineffective legal writing

A Practical Guide To Appellate Advocacy

Author: Mary Beth Beazley

Publisher: Wolters Kluwer Law & Business

ISBN: 1454847646

Category: Law

Page: 480

View: 1525

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A new edition of Beazley's accessible and successful coursebook for appellate advocacy. Features: New material on the impact technology is having on appellate advocacy, the research for which includes interviews with both judges and clerks Tips on time management Material on the narrative theory has been expanded and clarified with syllogisms that use narrative theory New discussions on avoiding plagiarism in law school and malpractice in practice that also note the differences between academic misconduct and professional misconduct when it comes to legal writing

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: 8327

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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.

Principles of Appellate Advocacy

Author: Daniel P. Selmi

Publisher: Wolters Kluwer Law & Business

ISBN: 1454838000

Category: Law

Page: 200

View: 9804

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Written by acclaimed appellate lawyer and professor Daniel Selm Principles of Appellate Advocacy concentrates exclusively on a few rules and principles that are essential to writing clear appellate briefs and oral arguments. Designed for students preparing their first appellate arguments, as well as those who struggle with the writing process, this concise, student-friendly text helps students identify core principles at issue, frame their arguments from an appellate judge's perspective, and write clear, compelling briefs and oral arguments. Features: Written by a highly experienced appellate lawyer who has briefed more than 35 appellate cases involving environmental and land use law, and argued over 20 of those in the appellate courts, including three in the California Supreme Court. Focuses on the core skills in appellate advocacy: brief writing and oral argument. Concise treatment that focuses on a few essential rules, allowing students to focus on core principles. Teaches students how to derive, rather than just state, essential principles . Emphasis is on helping students learn to identify the issue that must be resolved before developing a written or oral argument that responds to that issue. "Thinking like a judge" is a unifying theme--students are consistently challenged to put themselves in the appellate judge's shoes throughout the text. Separates the writing process from the analytic process, guiding students through the dual process of writing a brief while confronting difficult questions about the substance of the law by first creating an outline and then going on to the actual writing. Includes a DVD featuring real judges presenting do's and don'ts for appellate argument.

How to Please the Court

A Moot Court Handbook

Author: Paul I. Weizer

Publisher: Peter Lang

ISBN: 9780820469492

Category: Law

Page: 190

View: 2554

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Designed for anyone who has an interest in using moot court simulations as an educational exercise, "How to Please the Court" brings together prominent moot court faculty who share their collective years of experience in building a successful moot court program. Touching on all aspects of the moot court experience, this book guides the reader through conducting legal research, the structure of an oral argument, the tournament experience, and the successes and rewards of competition.

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: 3750

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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

Fact Investigation

A Practical Guide to Interviewing, Counseling, and Case Theory Development

Author: Paul J. Zwier,Anthony J. Bocchino

Publisher: Ntl Inst for Trial Advocacy

ISBN: 9781556815324

Category: Attorney and client

Page: 223

View: 2981

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International Law

Evolving Doctrine and Practice

Author: Jens Ohlin

Publisher: Foundation Press

ISBN: 9781634605953

Category:

Page: 891

View: 2870

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International Law: Evolving Doctrine and Practice offers a flexible arrangement of materials for the teaching of an introductory course in international law. The inspiration for the book's editorial approach is the recognition that each professor comes to the study of international law from a variety of normative, critical, or interdisciplinary perspectives, and that the materials should be flexible enough to accommodate all comers. With this goal of pedagogical ecumenism in mind, the chapters present a variety of critical approaches to international law without letting one particular view dominate, though taken together the materials highlight the evolving nature of international legal doctrine and those areas where its legal norms remain contested or controversial. Sprinkled through each chapter are short Problem Cases--less than a page in length--that give students the opportunity to apply the doctrine to a unique fact pattern. The Problem Cases are presented in modular text boxes that can form the basis for rich classroom discussions or simply reserved for background reading at home, whichever the professor wishes. In addition to the typical array of chapters on sources and subjects of international law, human rights, International Humanitarian Law, International Criminal Law, the use of force, and humanitarian intervention, the book also includes chapters on international economic law and environmental law, including a consideration of the challenge posed by climate change.

Advanced Appellate Advocacy

Author: Susan E. Provenzano,Sarah O. Schrup,Carter G. Phillips,Jeffrey T. Green

Publisher: Wolters Kluwer Law & Business

ISBN: 1454847204

Category: Law

Page: 416

View: 9116

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Advanced Appellate Advocacy is a mastery textbook, designed to bridge students from second and third semester writing courses to appellate simulations and clinics that involve substantial writing projects. Because it offers a robust appellate education, conveying the creativity, strategy, and sophistication behind real appeals, the text can also serve as a handbook for new lawyers entering appellate practice. This textbook is a first-of-its kind collaboration among authors with decades of appellate practice and clinical and legal writing teaching among them. The author team includes Carter Phillips, one of the most highly rated Supreme Court advocates of our time. Advanced Appellate Advocacy also uses charts, diagrams, and reflection questions to engage readers, and practice pointers based on the authors' interviews with appellate specialists and their own practice experiences are sprinkled throughout the chapters. The text is enriched by an on-line companion that houses all of the text's exercises, additional briefs and working documents, and interviews with prominent appellate practitioners. Features: Organized to track the progress of an appeal, the text offers students explicit process-based guidance linked to each phase Going Beyond IRAC, the text teaches more flexible, sophisticated writing approaches, illustrating them with models from expert appellate briefs Includes charts, diagrams, examples, and reflection questions

Concise Introduction to Property Law

Author: David L. Callies,J. Gordon Hylton,John Martinez,Daniel Mandelker

Publisher: LexisNexis

ISBN: 0327174366

Category: Law

Page: 892

View: 9906

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Concise Introduction to Property Law is first and foremost a casebook, designed to expose first year law students to the rich heritage of American Property Law through the study of court decisions. Instructors will find many of the familiar cases used in most Property textbooks, as well as many new ones. The notes in all chapters not only point out legal developments and additional cases, but also include substantial detail on the historical and social context in which the principal cases arose. The notes also provide a glimpse into the lives of the parties to the cases, some of whom are famous and many of whom are not. The book also has a definite inter-state comparative law perspective. This is primarily manifested by special attention to cases arising in the state of Hawaii, the one American jurisdiction whose property history departs from the national experience in dramatic ways.

Moot Court Workbook

Finding Educational Success and Competition Glory

Author: Sue Painter-Thorne,Karen J. Sneddon

Publisher: Wolters Kluwer Law & Business

ISBN: 1454892609

Category: Law

Page: 160

View: 2591

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The Moot Court Workbook offers an opportunity to participate a range of lawyerly skills, such as collaborating, scheduling, and managing stress, in addition to honing the skills of legal analysis, research, persuasive writing, and oral advocacy. This workbook enhances the educational and practical experience of moot court, including the development of professional identity, and offers basic information students need to perform well in Moot Court and to cultivate professional skills that will make them successful after graduation. Professors and students will benefit from: A focus on active learning—with annotated examples drawn from filed briefs and oral arguments, exercises, tip sheets, rubrics, and checklists—to engage students and to help them learn and retain core content. The authors' experience as professors who teach legal writing (including persuasive writing and oral argument), coach moot court teams, and judge moot court competitions. Clear organization and descriptive headings that ensure easy access to relevant topics Workbook topics that are designed to advance students’ understanding and use of persuasive advocacy skills without limitation to a particular competition problem. Examples and exercises (with suggested answers) that are drawn from a variety of subject areas.

Effective Appellate Advocacy

Brief Writing and Oral Argument

Author: Carole C. Berry

Publisher: West Academic Publishing

ISBN: 9780314908759

Category: Law

Page: 510

View: 600

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Text is designed to be helpful particularly to lawyers inexperienced in appellate advocacy. The analysis begins with an overview of appellate procedure and then examines the concept of persuasion. Explores the constructs of solid brief writing and oral argument, and provides exercises in preparing a persuasive document as well as an effective and convincing oral argument. Coverage includes: the decision to appeal, technicalities of the appeal, a primer on persuasion, preparation and writing the opening brief, appellee and reply briefs, preliminary considerations before argument, preparation for and presentation of the oral argument, post-argument memoranda, and briefs and petitions for rehearing.

Cases and Materials on Torts

Author: Richard A. Epstein,Catherine M. Sharkey

Publisher: Wolters Kluwer Law & Business

ISBN: 1454877464

Category: Law

Page: 1328

View: 5720

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Cases and Materials on Torts, Eleventh Edition for Fall 2016 classes. This top tier casebook integrates modern scholarship with historical background to provide a sense of the development of tort law. The thoughtful presentation engages students by examining different intellectual approaches used to interpret law. The 11th edition carries many successful features from earlier editions, including extensive historical materials on the evolution of tort law, an expanded treatment of public nuisance law, recent developments in products liability law, expansion of the materials on various types of injuries in damage cases, and heavier emphasis on web-based communications under the law of defamation and privacy. Key Features: Updated two-color design New Restatement boxes that highlight the law for easy reference Condensation of basic material, including a combination of the insurance contract and no fault insurance issues into a single chapter Introduction of new visual materials in each chapter, including pictures charts, cartoons, and biographical sketches of key figures in tort law, as an assist to the case and other materials

Energy Law

A Context and Practice Casebook

Author: Joshua P. Fershee

Publisher: N.A

ISBN: 9781594607998

Category: Law

Page: 646

View: 1102

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Energy Law offers a comprehensive introduction to energy law. The book is designed to support an energy survey course and provides a practical overlay to each topic, with ''practice notes'' placed throughout the text. This book is uniquely organized by industry sector, the way such issues are often confronted in practice, rather than by natural resource, which is the traditional approach. The book chapters include: Minerals and Mineral Rights: Coal, Oil and Gas; Electricity and Related Resources; Natural Gas: Direct Use and Distribution; Economic Regulation and Market Structure; Environmental Regulation; Climate Change; and The Unique Nature of Transportation. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the University of Arkansas at Little Rock Bowen School of Law.

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: 2459

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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.

Writing for Litigation

Author: Kamela Bridges,Wayne Schiess

Publisher: Wolters Kluwer Law & Business

ISBN: 1454824115

Category: Law

Page: 246

View: 4603

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Writing for Litigation offers in-depth coverage and helpful tips for every type of document associated with the life of a case, from the client engagement letter to motions, discovery, client communications, affidavits, and more. Systematically examining each document and its constituent parts, this remarkably concise text explains how audience, purpose, and strategy determine the content and tone of effective writing. Ideal as a coursebook, supplement, or reference, Writing for Litigation features: broad coverage that includes every type of case document, from the client engagement letter to pleadings, discovery requests, and motions ancillary documents that lawyers frequently draft, including demand letters, client communications, and affidavits how the audience and the object of the document determine tone and content strategic considerations that influence how a document is written a clear guide to the component parts of every type of document examples of every type of document in the Appendix writing tips that address concerns typically arising in practice , such as how to avoid ambiguity how to adapt form documents to your individual case how to avoid unintended sexism in writing

Legal Method and Writing

Author: Charles Calleros

Publisher: Wolters Kluwer Law & Business

ISBN: 1454846305

Category: Law

Page: 656

View: 2714

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Highly regarded and classroom-proven, the Legal Method and Writing takes a comprehensive approach to legal writing that bridges law school and law office. Exercises and real-life examples—many taken from actual cases—provide stepping-off points from which to practice legal thinking and communication. Calleros seamlessly weaves multicultural themes into many of the problems and examples to add context and enrich student understanding of legal issues. Features: Updated, enhanced, and clarified throughout Expanded discussion of statutory interpretation, with new and updated sources Description of tribal court systems (as well as state and federal courts systems) added, supplementing existing discussion of tribal governments and legal method New examples of statements of rules, in objective memos and arguments for briefs, including samples illustrating (1) the difference between rules with mandatory elements and those with factors that the court will consider or balance, and (2) explaining or proving a rule by establishing noncontroversial matters with “light analysis” and more complicated or disputed matters with in-depth analysis. Addition of an advanced outlining exercise, as well as an illustration of flow-charting. Citation coverage updated to reflect the new Bluebook and ALWD editions

Drafting Contracts

How and Why Lawyers Do What They Do

Author: Tina L. Stark

Publisher: Wolters Kluwer Law & Business

ISBN: 1454829052

Category: Law

Page: 576

View: 9404

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An eagerly anticipated second edition of this established and highly regarded text teaches the key practice skill of contract drafting, with emphasis on how to incorporate the business deal into the contract and add value to the client's deal. Features: More exercises throughout the book, incorporating More precedents for use in exercises Exercises designed to teach students how to read and analyze a contract progressively more difficult and sophisticated New, multi-draft exercises involving a variety of business contracts New and refreshed examples, including Examples of well-drafted boilerplate provisions More detailed examples of proper way to use shall Multiple well-drafted contracts with annotations Revised Aircraft Purchase Agreement exercise to focus on key issues, along with precedents on how to draft the action sections and the endgame sections. Expanded explanations of endgame provisions, along with examples and new exercises

The All-Inclusive Guide to Judicial Clerking

Author: Abigail Perdue

Publisher: West Academic Publishing

ISBN: 9781634608220

Category:

Page: 462

View: 9181

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The All-Inclusive Guide to Judicial Clerking ("Guide") is a comprehensive new resource that is ideal for current and prospective law clerks as well as law professors who teach judicial drafting courses or direct judicial externship programs. The book's author-Professor Abigail Perdue - is a former attorney and federal judicial clerk who now teaches Judicial Clerking and other courses at Wake Forest University School of Law. She also directs Wake Forest's prestigious D.C. Summer Judicial Externship Program. Based on Professor Perdue's experience in clerking and teaching, the Guide enables students to put their knowledge into practice via accessible reading assignments, effective exercises and simulations, and a series of short legal writing assignments. A one-stop shop for current and prospective judicial clerks, the Guide explores the purpose and function of a judicial clerk, the nature and structure of the judiciary, how to apply for and obtain a clerkship, and more importantly, how to perform well during and after the clerkship. Among other things, it explains how to draft opinions, bench memos, professional emails, and orders as well as how to prepare for oral argument, hearings, and trials. It also discusses judicial ethics, professionalism, confidentiality, social media, courtroom decorum, judicial drafting, docket management, and other issues that judicial clerks commonly encounter. The Guide breaks down complex assignments, such as bench memo drafting, into a series of simple, concrete steps and provides checklists, graphical illustrations, annotated judicial opinions, and sample emails, cover letters, resumes, bench memos, etc. The Guide even shares practical, real-world advice gleaned from judicial law clerks who have served at courts across America. Look for it on shelves in the spring of 2017!

Cases and materials on appellate practice and procedure

Author: Robert J. Martineau

Publisher: West Group

ISBN: N.A

Category: Law

Page: 1038

View: 2659

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An in-depth look at the nature and function of appellate courts, including general rule, litigation, exceptions, sua sponte, final judgment rule, state systems, initiating and perfecting an appeal, timeliness, standards of relief, purpose, content, modification or correction of record on appeal, effective brief writing, oral argument, internal operating procedures, time limitations, pre-hearing or summary disposition, opinions and mandates, written opinion, publication, and citation of opinions.