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Author: Alan D. Hornstein Publisher: ISBN: Category : Law Languages : en Pages : 378
Book Description
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.
Author: Alan D. Hornstein Publisher: ISBN: Category : Law Languages : en Pages : 378
Book Description
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.
Author: Ralph Adam Fine Publisher: Juris Publishing, Inc. ISBN: 1578233194 Category : Law Languages : en Pages : 358
Book Description
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 - 3rd 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 third edition, all of the chapters have been revised and updated, along with the addition of a new chapter on Oral Argument in the Real World. 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 Brief How to Give the Judges the Tools to Decide Your Way The Keys to Writing an Effective and Persuasive Brief Be Honest and Forthright How to Make the Bad Facts Work for You How 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 Win How to Write a Powerful and Persuasive "Summary of Argument" How to Make the Statutes Relevant to Your Case Work For You How to Write a Forceful and Persuasive "Argument" How to Make the "Statement of the Case" Clear The Real Role of the "Conclusion" How the Appendix Can Help You Win Why 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 Victory How 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 Decisions Advocacy 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 Hate Practice Analyzing Issues to Come up with Winning Themes Practice 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
Author: Mary Beth Beazley Publisher: Aspen Publishing ISBN: 9781454896340 Category : Law Languages : en Pages : 0
Book Description
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks 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
Author: Tracy Walters McCormack Publisher: ISBN: 9781647089726 Category : Trial practice Languages : en Pages : 429
Book Description
"The definitive guide to the brave new world of remote advocacy for the trial and appellate practitioner—as well as law students and recent law grads. Full of keen insights and practice tips to help you be the best advocate you can be in remote proceedings of all types, including remote courtrooms (hearings, bench and jury trial), arbitrations, mediations, appellate practice, depositions, and other forums. This book combines leading research on persuading audiences over remote platforms combined with tips on conquering the technical aspects of using remote platforms to your fullest potential. A useful tech section covers the basics to more advanced applications. Based on extensive troubleshooting sessions and discussions with judges and lawyers in remote proceedings following the onset of the COVID-19 crisis, this is the essential guide for remote proceedings that have since proliferated in the legal world—while acknowledging the continuing need for remote advocacy in the future." -- Publisher.
Author: Michael R. Fontham Publisher: Aspen Publishing ISBN: 1543805418 Category : Law Languages : en Pages : 597
Book Description
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 and electronic research. New to the Second Edition: Revisions to Supreme Court Rules and Federal Rules of Appellate Procedure Updated use and citation of literature Additional advice on achieving writing and speaking goals Professors and students will benefit from: The book explains "how to" achieve effective briefs and argument. Examples make the advice concrete rather than abstract. The book provides extensive review and citation of advice from judges and practitioners. Organization permits teachers to select material as appropriate for class needs.
Author: Susan E. Provenzano, Sarah O. Schrup, Carter G. Phillips, Jeffrey T. Green Publisher: Aspen Publishing ISBN: 9781454847205 Category : Law Languages : en Pages : 0
Book Description
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
Author: Daniel P. Selmi Publisher: Aspen Publishing ISBN: 1543831214 Category : Law Languages : en Pages : 302
Book Description
Appellate Advocacy books can overwhelm students with a disparate mixture of appellate rules, arcane procedural requirements, multiple writing instructions, practice tips, etc. This book avoids that problem by focusing on the most important aspect of appellate advocacy: how to write a persuasive appellate brief. It sets forth very specific, well-defined rules--adapted from the recommendations of experienced appellate practitioners and judges--for students to learn and follow. Principles of Appellate Advocacy stresses three overreaching principles that students need to understand: (1) The perspective principle: putting the brief writer in the shoes of the judge; (2) The structural principle: building the brief around issues; and (3) The organizational principle: separating the thought process from the writing process. New to the Second Edition: Expanded coverage of standards of review, with explanations of the most commonly employed standards, examples from decisions using the standards and from briefs that apply them, plus exercises to assist students in recognizing the applicable standards of review. Increased emphasis on the concept of appealable error and preservation of issues. Additional exercises that require students to implement the rules for writing discussed in the text and to practice revision and editing techniques. An updated sample appellate brief that implements the book’s rules for writing a brief. A video illustrating the “dos and don’ts” of oral argument. Professors and student will benefit from these features: The direct, practical approach to teaching students how to write an appellate brief—the most important aspect of appellate advocacy. The concepts as presented are straightforward and accessible to facilitate understanding. Students will learn and then implement specific rules that appellate experts nationwide agree are essential to good appellate writing. The first edition has been proven effective by students in a very successful law school appellate program. This approach and these materials work.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Alan D. Hornstein
Author: Alan D. Hornstein
Author: David C. Frederick
Author: Ralph Adam Fine
Author: Gregory A. Castanias
Author: Mary Beth Beazley
Author: Tracy Walters McCormack
Author: Michael R. Fontham
Author: Susan E. Provenzano, Sarah O. Schrup, Carter G. Phillips, Jeffrey T. Green
Author: Daniel P. Selmi
Author: American Bar Association. House of Delegates