Effective Appellate Advocacy

Author: Frederick Bernays Wiener
Editor: American Bar Association
ISBN: 9781590312346
Size: 13,86 MB
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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: 11,98 MB
Format: PDF, ePub, Docs
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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.

Effective Appellate Advocacy

Author: Ashley Tsacalos
Editor:
ISBN:
Size: 17,83 MB
Format: PDF, ePub
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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: 17,88 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

Advanced Appellate Advocacy

Author: Susan E. Provenzano
Editor: Wolters Kluwer Law & Business
ISBN: 1454876042
Size: 16,10 MB
Format: PDF, Docs
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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

Briefing And Arguing Federal Appeals

Author: Frederick Bernays Wiener
Editor: The Lawbook Exchange, Ltd.
ISBN: 1584771836
Size: 12,86 MB
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Originally published: Washington, D.C.: BNA Incorporated, 1961. iii (New Introduction), xvi, 506 pp. With a New Introduction by Bryan A. Garner, President, LawProse, Inc. This book tells how to brief and how to argue a Federal case on appeal. Its primary purpose is to explain to the lawyer how to best persuade a Federal appellate court to decide a case in his favor. It is neither a practice manual nor a text of Federal appellate procedure, being written on the assumption that all the procedural steps necessary to perfect the appeal have been or will be timely taken. Consequently this book deals with problems that are common to appeals in whatever Federal court they may be presented. Many of the principles defined and discussed herein are applicable also to the argument, oral and written, of questions of fact and law presented and heard in Federal trial courts. The task of presenting facts and law effectively, the psychology of persuasion, the requirements of candor and accuracy-these are matters common to forensic effort in every courtroom, at every state of a litigated proceeding. In addition to its discussion of appellate advocacy and a description of procedure in the federal appellate courts (Supreme Court, U.S. Court of Appeals, and specialized federal courts), it provides valuable guidelines for writing briefs and appeals and the preparing oral arguments. Among other lessons, it teaches ways to -think before writing, -state facts and phrase issues persuasively, -use argumentative headings, -employ clear, forceful English, -handle questions in oral argument, -use maps and charts effectively and -prevent "forensic halitosis." AALS Law Books Recommended for Libraries List 26, Legal Profession, page 20, "A" Rated. "To get into court and to maintain your right to be there is the object of all pleading and is as important in an appellate court as in a trial court () This book is a guide to handling of cases on appeal in the Federal courts by one who is eminently qualified to instruct and direct in this field." --from the foreword by Sherman Minton, Associate Justice, U.S. Supreme Court "Anyone familiar with Mr. Wiener's reputation as an appellate advocate and with his earlier works would expect his new book to be either required reading or strongly recommended in a course in Appellate Practice and Procedure. My own choice for next spring's seminar at this law school is to require it. This is not to say, however, that the book is directed solely to the student in law school. There are probably few practicing attorneys who would not benefit substantially from the author's ability, drawing on his vast personal experience, to expound the art of appellate advocacy in a fascinating and instructive way." -- Monroe H. Freedman, The George Washington Law Review 30 (1961-62) 148. "This is a brilliant book by a brilliant mind. It's the seminal 20th-century book on appellate advocacy, with wisdom, insight, and concrete examples packed into page after page." --Bryan A. Garner Frederick Bernys Wiener [1906-1996], or "Fritz" as he was known to his friends, was educated at Brown University and Harvard Law School, where he was a note editor on Harvard Law Review. In addition to several years in private practice, Wiener held positions in the U.S. Department of the Interior, the Judge Advocate General's Corps (as an officer during the Second World War) and the Solicitor General's Office, where he successfully argued the landmark Supreme Court case Reid v. Covert. Also a scholar of vast learning and high reputation, he wrote copiously on courts-martial, martial law and legal history. "

Art Of Advocacy Series Appeals

Author: Marshall Houts
Editor: LexisNexis
ISBN: 1579110665
Size: 11,75 MB
Format: PDF
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Step-by-step practical analysis of written and oral arguments, with expert advice on preparation and presentation. Included are sample written briefs and oral arguments in products liability cases, medical malpractice cases, and wrongful death actions. Arguments are compared, do's and don'ts are highlighted, and checklists are provided.

A Practical Guide To Appellate Advocacy

Author: Mary Beth Beazley
Editor: Wolters Kluwer Law & Business
ISBN: 1454847646
Size: 19,85 MB
Format: PDF, ePub, Docs
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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

The Appellate Prosecutor

Author: Ronald H. Clark
Editor: Trafford
ISBN: 9781412051309
Size: 20,69 MB
Format: PDF
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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."

Domestic Violence

Author: Patricia G. Barnes
Editor: Taylor & Francis
ISBN: 9780815330639
Size: 10,10 MB
Format: PDF, Mobi
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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.