Effective Appellate Advocacy

Author: Frederick Bernays Wiener
Editor: American Bar Association
ISBN: 9781590312346
Size: 19,61 MB
Format: PDF, Kindle
Read: 432

How can you best persuade an appellate court to decide a case in your favor? This book is packed with useful examples and clever ancedotes that will sharpen your presentation and argument skills for use at the state, federal and Supreme Court level.

Effective Appellate Advocacy

Author: Carole C. Berry
Editor: West Academic Publishing
ISBN: 9780314908759
Size: 13,94 MB
Format: PDF, ePub
Read: 274

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.

Effective Appellate Advocacy

Author: Ashley Tsacalos
Size: 12,61 MB
Format: PDF, ePub, Mobi
Read: 99

Persuasive Written And Oral Advocacy In Trial And Appellate Courts

Author: Michael R. Fontham
Editor: Wolters Kluwer Law & Business
ISBN: 1454828862
Size: 16,92 MB
Format: PDF
Read: 231

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

A Practical Guide To Appellate Advocacy

Author: Mary Beth Beazley
Editor: Wolters Kluwer Law & Business
ISBN: 1454847646
Size: 11,93 MB
Format: PDF, Docs
Read: 764

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

Domestic Violence

Author: Patricia G. Barnes
Editor: Taylor & Francis
ISBN: 9780815330639
Size: 12,53 MB
Format: PDF, ePub, Docs
Read: 317

Domestic violence has evolved in recent years from a husband's prerogative, to a technical violation of the law, to a crime with potentially serious consequences. As the toll of domestic violence becomes increasingly apparent, society is growing less and less tolerant of it. This three-volume series charts a revolution that arguably is as important to the lives of women as obtaining the rights to own property and to vote.Through incisive articles by leading authorities, landmark cases and diverse historical and contemporary documents, this three-volume set explores the history, nature and causes of domestic violence. A comprehensive introduction by the editor provides an analytical overview of the problem, presents a wide variety of viewpoints on controversial issues and a roadmap to challenges that lay ahead.The series chronicles the legal systems historically lackluster response to battering, tactics used by victims to force authorities to respond to their calls for help and innovative efforts underway to deter the problem through, among other things, education and enhanced legal sanctions.Libraries, law schools, law enforcement agencies, the judiciary, medical and social service professionals will find these books to be an indispensable reference work, the richest and most comprehensive collection available on the subject of domestic violence. For scholars in diverse fields such as history, sociology, psychology and women's studies, the anthology is an invaluable tool for interdisciplinary research. All readers will find the series to be a treasure trove of information regarding the evolving status of women in modern history.

The Appellate Prosecutor

Author: Ronald H. Clark
Editor: Trafford
ISBN: 9781412051309
Size: 11,81 MB
Format: PDF, ePub
Read: 900

The Appellate Prosecutor: A Practical and Inspirational Guide to Appellate Advocacy is a new book for appellate advocates, particularly those in attorney general's and prosecutor's offices. The importance of an appellate prosecutor's work cannot be overstated. Don Zelenka, a consummate appellate advocate, expressed it well when he wrote, "If the maxim that 'the best use of life is to spend it for something that outlasts life' is correct, the life and work of an appellate prosecutor is one to be cherished." Appellate prosecutors not only preserve just convictions through their advocacy but also shape the law for the future. Authors for this book are some of the best-of-the-best teachers and authorities on how to be an effective appellate advocate. They were selected from across the country and include appellate prosecutors from attorney general's and prosecutor's offices as well as appellate judges and justices and a law professor. The authors have crafted information-packed chapters on these subjects: Persuasion, Planning and Analysis for Appellate Advocacy - The building blocks of persuasion and how to use them in appellate advocacy Writing the Persuasive Brief - How to effectively craft the three major sections of the brief The Key to Good Legal Writing A Sample Appellate Brief Template Appellate Strategies - How to: find procedural and other bars; uncover flaws in Appellant's brief; determine the real issue; enhance your credibility with the court and more. Research Resources: An Appellate Lawyer's Tools of the Trade - Internet sites, prosecutor association information banks and written resources for appellate prosecutors. Standards of Review: The First Line of Defence Protecting the Record for Appeal: Advice to the Trial Prosecutor Professional Responsibility on Appeal - How to respond to ethical dilemmas that confront appellate prosecutors. Prosecutor Appeals - eight considerations that may influence your decision to appeal. Successful Appellate Oral Advocacy. Appellate Court Conferencing of Cases - How appellate courts conference and how that can effect your advocacy. Answering the Difficult Questions from the Bench. Inspirational Words for the Appellate Advocate. As Judge Charles Moylan, thirty-year veteran of the appellate bench, renowned lecturer and author, put it, "This work in my judgement will find an indispensable place on the desk, or at the bedside before argument, of every successful appellate prosecutor."

California Court Of Appeal 2nd Appellate District Records And Briefs

Author: California (State).
Size: 20,96 MB
Format: PDF, ePub, Mobi
Read: 917

Patent Appeals

Author: Mark Simon Davies
Editor: OUP USA
ISBN: 9780195338348
Size: 16,14 MB
Format: PDF, ePub, Mobi
Read: 406

The need for a legal "Elements of Style" aimed at U.S. patent litigators has long been acknowledged by patent law attorneys and judges within the Federal Circuit. The United States Court of Appeals for the Federal Circuit has recently embarked on a campaign to improve the quality of briefing. With Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit, Mark Davies has provided attorneys with an indispensable guide to briefing and arguing cases before the Federal Circuit. Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit is a practical guide to appellate advocacy for patent attorneys appearing before the federal appellate court responsible for patent law. The book guides readers through the organizational requirements needed for a Federal Circuit appellate brief, as set out in the Federal Rules of Appellate Procedure, with an emphasis on developing an appellate style for briefing a patent appeal. It is an essential manual of instruction for litigators and anyone interested in understanding the procedures of writing a winning appellate brief and presenting it in court. Topics include clear writing, the importance of presentation, the types of arguments most likely to succeed, and the formal requirements for filing a brief. Other issues include effective oral argument presentation and petitions for panel rehearing and rehearing en banc. Samples (all written by the author) are included.

Appellate Advocacy In A Nutshell

Author: Alan D. Hornstein
Editor: West Academic Publishing
ISBN: 9780314223784
Size: 13,84 MB
Format: PDF, Mobi
Read: 214

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.