Author: David W. Miller Publisher: Wolters Kluwer Law & Business ISBN: 9780735556645 Category : Legal briefs Languages : en Pages : 0
Book Description
Based on a tort action in federal court against an Alabama church for financial explotation by a pastoral counselor, this case simulation problem offers a complete set of court documents to supplement your Persuasive Legal Writing, Pretrial Practice, Appellate Advocacy, or Moot Court class. Case File III presents a complete set of realistic court documents: A complaint, defensive motions with supporting documentation, and transcripts of six depositions in Petrillo v. Rooks A notice of appeal from a dispositive opinion and order Case File III is a solid platform for: Written and oral exercises One or more memoranda and oral arguments before the district court Briefs and oral arguments before the court of appeals Case File III raises numerous legal issues, such as: Diversity jurisdiction State law bases for church liability for pastoral misconduct Constitutional limits on church liability for pastoral misconduct Testimonial privilege for confidential communications with clergy members
Author: Nancy Harris Vaidik Publisher: Aspen Publishing ISBN: 1601569432 Category : Law Languages : en Pages : 316
Book Description
Persuasive, engaging oral argument is breathtaking. Envision a self-assured attorney leading the court through the salient points of the case, deftly addressing questions from the bench, and steering those questions to the next relevant topic. It’s like watching a magician at work. Think that magic is beyond you? Think again. You can learn to be a persuasive oral advocate with the tips and advice in Point Well Made:Persuasive Oral Advocacy. Whether you are a first-year law student prepping for your Moot Court presentation, a public defender managing mountains of motions, an appellant or respondent on appeal before a panel, or a seasoned lawyer arguing in front of the US Supreme Court, you need Point Well Made. Indiana Court of Appeals Judge Nancy Vaidik and international legal communications coach Rebecca Diaz-Bonilla again bring their expertise to your fingertips. This completely revised and expanded edition of Point Well Made gets even more “under the hood” of judges, pointing out ways to recognize the reactions of your audience and effectively persuade. You will learn how to prepare the right notes for your hearings, so you are confident in your facts, theories, and themes. You will also learn to handle a judge’s questions, how to deal with multi-judge panels, when and how to pivot when the court is unpersuaded, and how to lay out your argument to the best advantage. In addition to helping you address the facts of your legal arguments, Point Well Made will enhance your presentation skills—how to deliver the motion with successful voice and body language techniques to capture the attention and trust of your listeners. Examples and exercises throughout the book help you practice your skills and learn from the experience of other attorneys. The wealth of knowledge you will gain by reading Point Well Made is quickly and easily reviewed, thanks to the many tables summarizing and highlighting the concrete tools the book provides. Unsure how to respond to a judge’s question? The tables spell out effective responses. Nervous about an upcoming argument? Review the tables for methods of relieving your jitters. Dialing into your first remote hearing? Point Well Made provides a step-by-step guide. Expanded to address appellate argument and remote hearings, the new edition of Point Well Made is a hands-on, practical guide that helps you develop persuasive themes, effectively convey your facts, simplify the law, gain insight into your particular judge(s) so you can customize your argument, and answer challenging questions with confidence.
Author: Carole C. Berry Publisher: West Academic Publishing ISBN: 9780314908759 Category : Appellate procedure Languages : en Pages : 0
Book Description
Berry's Effective Appellate Advocacy: Brief Writing and Oral Argument contains analysis that begins by providing an overview of the appellate process, including factors to consider before appealing. Technicalities of appealing are discussed, and extensive Internet sources are provided. Ethics of advocacy as informed by the new Model Rules with Internet sites provide the latest information. Sound persuasive theory is developed. Preparing and writing the opening, responding, and reply briefs, including examples, follows. Preparing and presenting the oral argument with examples concludes the appeal, absent post-argument procedures. These include post-argument memos and petition for rehearing or for writ of certiorari. Closing the case after appeal concludes the text.
Author: Stephen Jagusch Publisher: Law Business Research Ltd. ISBN: 1912377802 Category : Languages : en Pages : 224
Book Description
Global Arbitration Review's Guide to Advocacy is a practical book for specialists and would-be specialists on how to be persuasive during international arbitration, featuring unique insight from well-known arbitrators on advocacy. The fully revised Second Edition is a useful tool for junior lawyers who wish to develop their advocacy skills, as well as a manual for civil trained lawyers who would like to feel more at ease with cross-examination as it breaks the arbitral process into key steps and explains the advocacy "e;opportunity"e; that each represents (focusing on the principles at work rather than specifics).Woven throughout are gems from big name arbitrators - tips, complaints, musings and reminiscences - providing a new, 360-degree view of written and oral submissions.The Second Edition contains several new chapters and a fresh tranche of arbitrator contributions.While the first edition covers the basics through chapters on, inter alia, written submissions, cross-examination, opening submissions and closing arguments, this second edition delves deeper by exploring 'Cultural Considerations in Advocacy'. These are aimed at advocates raised within a particular national or regional style who wish to know what adjustments to make when in the international mileu; and vice versa. These chapters contain observations of help when some of the players in the arbitration - be they arbitrators, opponents or others - hale from Asia, Latin America, United States or the UK.
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: Antonin Scalia Publisher: West Publishing Company ISBN: 9780314184719 Category : Appellate procedure Languages : en Pages : 0
Book Description
In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.
Author: Austen L. Parrish Publisher: ISBN: Category : Briefs Languages : en Pages : 188
Book Description
This book is for law students and practitioners who want to learn, or be reminded of, the fundamentals of legal writing and oral advocacy. Effective Lawyering concisely describes useful, yet often neglected, writing techniques. The book has pithy discussions of:(1) ways to avoid recurring, yet frequently overlooked, writing problems;(2) sensible approaches to writing common legal documents; and(3) methods for preparing an oral argument.In addition, it provides the reader with a series of checklists to turn to when undertaking a writing project or preparing for oral argument. The authors have designed the book for practicing attorneys as well as law students. The book is an ideal supplement for first-year and advanced legal writing courses, for upper-division skills courses, and for students participating in law journals or moot court programs. Short and to-the-point, the book's unique check-list approach will help law students and practitioners improve their writing methodically.
Author: David W. Miller
Author: Nancy Harris Vaidik
Author: Carole C. Berry
Author: Edward Domenic Re
Author: MICHAEL D.. DESANCTIS MURRAY (CHRISTY H.)
Author: Stephen Jagusch
Author: Michael R. Fontham
Author: Antonin Scalia
Author: Austen L. Parrish
Author: Gerald Lebovits