A Litigator's Guide to Building Your Best Argument PDF Download

Author: Cecil C. Kuhne
Publisher:
ISBN: 9781641055024
Category : Law
Languages : en
Pages : 388

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Book Description
A Litigator's Guide to Building Your Best Argument, Second Edition, helps lawyers strategize to fully inform judges about the background of the case and to carefully construct an argument that both candidly and completely applies the facts to law.

Author: Cecil C. Kuhne (III)
Publisher: American Bar Association
ISBN: 9781604428384
Category : Law
Languages : en
Pages : 274

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Book Description
Through the sheer volume of litigation facing the courts, complete, concise and well-reasoned arguments are demanded of today's lawyers. Both trial and appellate benches are more dependent than ever on well-prepared written arguments of counsel, particularly because many decisions occur without any oral argument. In cases where oral argument is permitted, there are additional challenges including rigid time constraints that make every statement count.

Author: Michaela Keet
Publisher:
ISBN: 9781641055703
Category : Actions and defenses
Languages : en
Pages : 240

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Book Description
"The main premise of this book is that lawyers and mediators should help parties make decisions in litigation by combining an assessment of likely court outcomes with a careful consideration of how their interests are likely to be affected if they (continue to) engage in litigation"--

Author: Joel P. Trachtman
Publisher: Createspace Independent Publishing Platform
ISBN: 9781481246385
Category : Forensic oratory
Languages : en
Pages : 0

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Book Description
Joel Trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.

Author: James A. Gardner
Publisher: LexisNexis/Matthew Bender
ISBN:
Category : Law
Languages : en
Pages : 196

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Book Description
Legal Argument: The Structure and Language of Effective Advocacy is a full-featured guide designed primarily for law students in research, writing, analysis and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation--cases, statutes, testimony, documents, common sense--into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument. Intuitive organization presents the material in five parts: Part I sets out a general methodology for constructing legal arguments. Part II focuses more closely on the construction of persuasive, well-grounded legal premises, and covers the effective integration of legal doctrine and evidence into the argument's structure. Part III shows how to put the method to work by giving two detailed examples of the construction of complete legal arguments from scratch. Part IV provides a detailed protocol for reducing well-constructed legal arguments to written form, along with a concrete illustration of that process. It also provides concrete advice on how to recognize and avoid a host of common mistakes in the written presentation of legal arguments. Part V moves from the basics into more advanced techniques of persuasive legal argument, including rhetorical tactics like framing and emphasis, how to respond to arguments, maintaining professionalism in advocacy, and the ethical limits of argument.

Author: Noah Messing
Publisher: Aspen Publishing
ISBN: 1454836288
Category : Law
Languages : en
Pages : 487

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Book Description
The Art of Advocacy: Briefs, Motions, and Writing Strategies of America’s Best Lawyers presents more than 150 examples of masterful advocacy to show lawyers how to write winning motions and briefs. The book focuses on the strategic and substantive choices that top litigators make, drawing examples from important, timely, and controversial cases. Detailed annotations give readers insight into what makes each document so effective. In addition to presenting a host of storytelling, stylistic, and organizational strategies, the book's examples demonstrate how to build and rebut different types of arguments. The Appendices provide a wealth of additional resources, including Karl Llewellyn’s previously unpublished advice from 1957 about the art of advocacy, which one top law professor described as the “best advice on legal writing I’ve ever seen.” Features Compiles more than 150 examples of masterfully written legal advocacy and analysis Succinct introductory text presents the facts of each case Detailed annotations by the author highlight How to tell your client’s story How to build and counter six types of legal argument How to organize your arguments How to develop a theme Excerpts from high-interest cases, such as The battle over “Obamacare” A massive copyright suit involving YouTube BP’s oil spill in the Gulf of Mexico Facebook’s infamous feud with the Winklevoss twins Apple’s billion-dollar patent dispute with Samsung Lance Armstrong’s attempt to retain his Tour de France titles Major cases involving gay rights and affirmative action For year-long courses, a stellar option for second-semester students Perfect for practicing litigators who want to see a playbook of moves and strategies from top lawyers and from major cases Stresses strategic choices and the art of building compelling substantive arguments Focuses on briefs and motions Developing a theme Framing issues Isolates examples of specific arguments—doctrinal, textual, legislative history policy, and so on Innovative layout

Author: Gerry Spence
Publisher: Macmillan
ISBN: 9780312144777
Category : Language Arts & Disciplines
Languages : en
Pages : 324

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Book Description
A noted attorney gives detailed instructions on winning arguments, emphasizing such points as learning to speak with the body, avoiding being blinding by brilliance, and recognizing the power of words as a weapon.

Author: Philip M. Halpern
Publisher:
ISBN: 9781641056700
Category : Burden of proof
Languages : en
Pages :

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Book Description
"This book's mission is to demystify the theory and workings of the burden of proof in civil trials in New York State"--

Author: Tom Goldstein
Publisher: Univ of California Press
ISBN: 0520288432
Category : Law
Languages : en
Pages : 296

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Book Description
This best-selling book outlines the causes and consequences of bad legal writing and prescribes straightforward, easy-to-apply remedies that will make your writing readable. Usage notes address lawyers' most common errors, and editing exercises allow readers to test their skills, making this an invaluable tool for practicing lawyers as well as a sensible grounding for law students. New sections in this edition: - Getting to the point - Communicating digitally - Writing persuasively - Twenty-five common mistakes"--Provided by publisher.

Author: Philip Meyer
Publisher: Oxford University Press
ISBN: 0199875413
Category : Law
Languages : en
Pages : 257

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Book Description
Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.