Appellate Advocacy In A Nutshell

Author: Alan D. Hornstein
Editor: West Academic Publishing
ISBN: 9780314223784
Size: 16,56 MB
Format: PDF, Kindle
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Effective Advocacy: in General; Theme; Structure; Appellate Process: Overview, Review Standards, Record, Jurisdiction. Multi-Judge Panels; Levels of Review: State Intermediate Courts, State Courts of Last Retort, Federal Courts of Appeals, Supreme Court; Taxonomy of Cases: Importance of Classification, Procedure; Criminal, Contracts, Torts, Administrative, Statutory, Constitutional; Arguments: In General, Fact; Doctrine, Policy; Process, Institutional; The Brief: Formalities, Petitioner, Respondent, Reply Briefs, Amicus, Questions Presented, Front Matter, Point Headings, Statement of Facts, Summary of Argument, Footnotes; Oral Argument: Preparation, Formalities, Style, First Petitioner, Second Petitioner, First Respondent, Second Respondent, Rebuttal, Authority, Hot and Cold Benches, Questions, Concluding; A Way of Working: Planning the Oral Argument, Learning From Experience, Planning, Performing and Reviewing Recursively (The Brief); Integrity of Argument.

How To Win Appeal Manual Fourth Edition

Author: Ralph Adam Fine
Editor: Juris Publishing, Inc.
ISBN: 1578233976
Size: 13,37 MB
Format: PDF
Read: 394
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Ralph Adam Fine, a Judge on the Wisconsin Court of Appeals since 1988, reveals how appellate judges, all over the country in state and federal courts, really decide cases, and how you can use that knowledge to win your appeal. In this lucid, step-by-step manual, Judge Fine explains and demonstrates how to write effective and persuasive briefs that will get the appellate judges to want you to win. The How-To-Win Appeal Manual - Fourth Edition will give you a judge's-eye-view of the appellate process: what works and why, what destroys effective advocacy, and how you can better represent your clients on appeal. You cannot afford to take or defend another appeal before you read The How-To-Win Appeal Manual! For the fourth edition, all of the chapters have been revised and updated. Content Highlights: How Judges Decide Cases (and Why That is Important To You)Too Many Cases - What the Heavy Appellate Caseloads Mean to You (and How You Can Get Your Briefs Noticed)The BriefHow to Give the Judges the Tools to Decide Your WayThe Keys to Writing an Effective and Persuasive BriefBe Honest and ForthrightHow to Make the Bad Facts Work for YouHow to Write a Powerful and Persuasive "Question Presented"How to Pick Your Best Issues (and Why This is Crucial)How to Write a Powerful and Persuasive "Statement of Facts" That Will Make the Court Want You to WinHow to Write a Powerful and Persuasive "Summary of Argument"How to Make the Statutes Relevant to Your Case Work For YouHow to Write a Forceful and Persuasive "Argument"How to Make the "Statement of the Case" ClearThe Real Role of the "Conclusion"How the Appendix Can Help You WinWhy You Should Always File a Reply Brief If You are the Appellant (and How to Use it to Nail Down Your Win)The Secrets of a Winning Oral Argument"Standards of Review" Dangers and Opportunities: How to Make Them Tools for VictoryHow to Avoid the "Black Hole of Waiver"Why the Typical Appellate Brief is Suicidal (and What you can do to Avoid Common but Deadly Traps)How to Use Unpublished DecisionsAdvocacy in the Real World: A Step-by-Step Analysis of Briefs in Two Real Cases ( A Civil Appeal and a Criminal Appeal)Learn What Appellate Judges Like and What They HatePractice Analyzing Issues to Come up with Winning ThemesPractice Honing-in on Your Most Powerful Points (and How to Avoid the Traps that Snare Other Lawyers)Practice Crafting a Winning, Powerful Brief That Judges Will Love to Read

The How To Win Appeal Manual

Author: Ralph Adam Fine
Editor: Juris Publishing, Inc.
ISBN: 1933833122
Size: 18,32 MB
Format: PDF, ePub, Docs
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Persuasive Written And Oral Advocacy In Trial And Appellate Courts

Author: Michael R. Fontham
Editor: Wolters Kluwer Law & Business
ISBN: 1454828862
Size: 10,57 MB
Format: PDF, Docs
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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

The Encyclopedia Of American Law

Author: David Andrew Schultz
Editor: Infobase Publishing
ISBN: 1438109911
Size: 14,20 MB
Format: PDF, ePub
Read: 484
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There's an old saying: Ignorance of the law is no excuse for breaking it. Yet for most people

The How To Win Trial Manual Sixth Edition

Author: Ralph Adam Fine
Editor: Juris Publishing, Inc.
ISBN: 1933833165
Size: 13,42 MB
Format: PDF, Kindle
Read: 278
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Win More Cases and Help More Clients! Ralph Adam Fine pulls no punches. In the sixth edition of his highly acclaimed How-To-Win Trial Manual shows why the traditional ways to try a case in court are suicidal, and gives extensive examples of such suicidal advocacy by famous, high-profile, well-paid trial lawyers. In each of his examples, Ralph Adam Fine shows how the lawyers could have done a better job. This will help you hone your winning skills! Ralph Adam Fine also demonstrates why many of Irving Younger’s famous Ten Commandments of Cross-Examination are not only wrong, but why following them significantly reduces your chances of winning. Since it was first published by JURIS in 1998, Ralph Adam Fine’s The How-To-Win Trial Manual has been giving lawyers that special edge so they can win even the toughest cases. Now, in this newly revised sixth edition, The How-To-Win Trial Manual takes the unique extra step of showing how and why famed trial lawyers Vincent Bugliosi and Gerry Spence, both superb advocates, could have been even more effective in their ground breaking face-off when Bugliosi “prosecuted” and Spence “defended” Lee Harvey Oswald in connection with the assassination of President John F. Kennedy. The trial, memorialized in a superb two-disc DVD set, On Trial: Lee Harvey Oswald, was before a sitting Texas federal district-court judge and a jury of Dallas citizens taken from the Dallas jury rolls. Although the trial was more than two-decades removed from the assassination, Bugliosi and Spence managed to get as witnesses many of the people who were at the assassination and its aftermath; none of the witnesses testifying in the trial were actors. The “trial” was in London, in a replica of a Texas federal courtroom, and both Bugliosi and Spence gave it their all—preparing as they would have for a real trial, and arguing their respective positions with the gusto for which each is justifiably famous. Ralph Adam Fine has taken the transcript of the two-disc DVD set and shown with his interleaved comments, as he has done with the O.J. Simpson, Martha Stewart, and Enron (Jeffrey Skilling and Ken Lay) trials, as well as a federal-court antitrust trial, how Bugliosi and Spence could have been better. The Oswald chapter, new for the sixth edition, will help all trial lawyers nail the winning techniques to be successful in the courtroom. The sixth edition also gives us Ralph Adam Fine’s special insights into the strategies and trial techniques of the prosecution and defense in the murder trial of Michael Peterson, memorialized in the six-hour DVD set, Death on the Staircase. Peterson was charged with killing his wife. He claimed at trial that she accidentally fell down the stairs in their Durham, North Carolina, mansion. This chapter, too, is new for the sixth edition How-To-Win Trial Manual and it shows what works and what does not work and why. It will help lawyers avoid the common traps that sink even the best “plans well laid.” The How-To-Win Trial Manual shows how to win by using your most powerful tool: The jury’s belief that you, the lawyer, know the “truth” of the case. Ralph Adam Fine also shows how to ask questions on both direct-examination and cross-examination so the jury will know the answers before the witnesses (whether lay or expert) respond. Simply put, if you phrase your questions so that the jury answers them the way you want, before your witnesses answer and irrespective of what your adversary’s witnesses may say on cross-examination, you will win! For a further explanation of Ralph Adam Fine's - and winning - techniques, as well as what other lawyers have said about The How To Win Trial Manual, visit his website www.win-your-trial.com Ralph Adam Fine shows you how to do all of this and more! You and your clients deserve no less!

Finding The Answers To Legal Questions Second Edition

Author: Virginia M. Tucker
Editor: American Library Association
ISBN: 0838915698
Size: 10,42 MB
Format: PDF, ePub, Mobi
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Whether for self-representation, to be an informed consumer of legal services, or to learn the U.S. legal system, more people than ever are using the library to obtain legal information and legal research advice. The new edition of Finding the Answers to Legal Questions is a comprehensive guide to help librarians confidently assist users in finding the legal information they need. Newly revised and updated, this timely, clearly organized, and easy-to-use resource is packed with guidance to help librarians answer questions that span the gamut of the law. An ideal book for practicing librarians looking to better serve users' legal needs, as well as for students preparing for careers as librarians, it provides an overview of fundamental legal information, including the basic structure of the U.S. legal system and primary law;how-to instructions for finding primary law in print sources, free websites, and pay-for-view databases;information on how to evaluate the trustworthiness of online and print resources;tips for conducting a legal reference interview;guidance for handling common legal questions, such as lawsuits, family law, landlord-tenant disputes, wills and estate planning, debt, bankruptcy, employment, and criminal law; andadvice on how to build a basic legal reference collection. This book will help librarians connect users to the most accurate, up-to-date legal information.

Law And Leadership

Author: Dr Susan McCarty
Editor: Ashgate Publishing, Ltd.
ISBN: 1409484726
Size: 14,88 MB
Format: PDF, ePub, Docs
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Leadership includes the ability to persuade others to embrace one’s ideas and to act upon them. Teaching law students the art of persuasion through advocacy is at the heart of legal education. But historically law schools have not included leadership studies in the curriculum. This book is one of the first to examine whether and how to integrate the theory and practice of leadership studies into legal education and the legal profession. Interdisciplinary in its scope, with contributions from legal educators and practitioners, the book defines leadership in the context of the legal profession and explores its challenges in legal academia, private practice, and government. It also investigates whether law students need to study leadership and, if they should, why it should be offered as part of the curriculum. Finally, it considers how leadership should be taught and how it should be integrated into classes. It evaluates new leadership courses and the adaptation of existing courses to reflect on how to effectively blend law and leadership in doctrinal, clinical, and experiential classrooms. The book includes a foreword by Pulitzer Prize-winning historian and noted leadership scholar, James MacGregor Burns and a foundational essay by prominent leadership scholar and one of the founders of the International Leadership Association, Georgia Sorenson. It will be a valuable resource to anyone interested in leadership, education policy and legal ethics.

Federal Appellate Practice And Procedure In A Nutshell

Author: Gregory A. Castanias
Editor: West Academic Publishing
ISBN: 9780314153074
Size: 20,56 MB
Format: PDF, ePub, Mobi
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The nutshell provides a comprehensive overview of federal appellate practice and procedure. It focuses both on the federal courts of appeals and on the US Supreme Court. Federal circuit court topics include, among others, preservation of error, the final judgment rule and its exceptions, the notice of appeal, parties to the appeal, relief pending appeal, standards and scope of review, briefing and oral argument, alternative dispute resolution, entry of judgment, and rehearing en banc. Supreme Court topics include, among others, jurisdiction over federal cases, jurisdiction over state cases, the certiorari process, original jurisdiction, briefing and oral argument, and the role of the Solicitor General.

A Practical Guide To Appellate Advocacy

Author: Mary Beth Beazley
Editor: Aspen Publishers
ISBN: 1454896345
Size: 13,89 MB
Format: PDF, Docs
Read: 204
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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