Advanced Appellate Advocacy


Author: Susan E. Provenzano,Sarah O. Schrup,Carter G. Phillips,Jeffrey T. Green
Publisher: Wolters Kluwer Law & Business
ISBN: 1454847204
Category: Law
Page: 416
View: 6004

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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

Appellate Advocacy

Principles and Practice
Author: Ursula Bentele,Mary R. Falk,Eve Cary
Publisher: LexisNexis
ISBN: 0769849113
Category: Appellate procedure
Page: 364
View: 8869

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Appellate Advocacy and Moot Court


Author: Michael D. Murray,Christy Hallam DeSanctis
Publisher: N.A
ISBN: 9781587789786
Category: Law
Page: 230
View: 2615

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This publication focuses on writing and advocacy in appellate courts. It is well suited for use as a primary text in an upper-division appellate advocacy or advanced writing course or moot court program, or as a primary or supplemental text for first-year legal writing courses that focus on appellate advocacy as the pedagogical model to teach legal writing skills.

Advanced Legal Writing and Oral Advocacy

Trials, Appeals, and Moot Court
Author: Michael D. Murray,Christy Hallam DeSanctis
Publisher: N.A
ISBN: 9781599413976
Category: Law
Page: 562
View: 8842

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The Murray and DeSanctis titles are designed for the current generation of law students whose familiarity and comfort with on-line and computer-based learning create a demand for teaching resources that take advantage of that familiarity and comfort level. Advanced Legal Writing and Advocacy: Trials, Appeals, and Moot Court is designed for second semester and upper-division advanced writing courses involving advocacy and oral argument at the trial and appellate levels and in moot court competitions. This book employs the TREAT paradigm and doctrine of explanatory synthesis to maximize the persuasive potential of appellate-level legal writing for actual practice and for moot court competitions. It is well suited for use as a primary text in an upper division appellate advocacy or advanced writing course or moot court program, or as a primary or supplemental text for first year legal writing courses that focus on appellate advocacy as the pedagogical model to teach legal writing skills. Paired with the book is an electronic, computer-based version of the text that adds links to on-line databases and internet-based resources and supplements the text with pop-up definitions from Black's Law Dictionary. The electronic version of the text is searchable and highly portable, with internal and external navigation links, making them more valuable for use in class and out. The interactive text employs a layout that departs from the traditional, all-text casebook format through use of callout text boxes, diagrams, and color/border segregated feature sections for hypotheticals, references to scholarly debates, or other useful information for law students.

A Practical Guide To Appellate Advocacy


Author: Mary Beth Beazley
Publisher: Wolters Kluwer Law & Business
ISBN: 1454847646
Category: Law
Page: 480
View: 4940

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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

Principles of Appellate Advocacy


Author: Daniel P. Selmi
Publisher: Wolters Kluwer Law & Business
ISBN: 1454838000
Category: Law
Page: 200
View: 5845

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Written by acclaimed appellate lawyer and professor Daniel Selm Principles of Appellate Advocacy concentrates exclusively on a few rules and principles that are essential to writing clear appellate briefs and oral arguments. Designed for students preparing their first appellate arguments, as well as those who struggle with the writing process, this concise, student-friendly text helps students identify core principles at issue, frame their arguments from an appellate judge's perspective, and write clear, compelling briefs and oral arguments. Features: Written by a highly experienced appellate lawyer who has briefed more than 35 appellate cases involving environmental and land use law, and argued over 20 of those in the appellate courts, including three in the California Supreme Court. Focuses on the core skills in appellate advocacy: brief writing and oral argument. Concise treatment that focuses on a few essential rules, allowing students to focus on core principles. Teaches students how to derive, rather than just state, essential principles . Emphasis is on helping students learn to identify the issue that must be resolved before developing a written or oral argument that responds to that issue. "Thinking like a judge" is a unifying theme--students are consistently challenged to put themselves in the appellate judge's shoes throughout the text. Separates the writing process from the analytic process, guiding students through the dual process of writing a brief while confronting difficult questions about the substance of the law by first creating an outline and then going on to the actual writing. Includes a DVD featuring real judges presenting do's and don'ts for appellate argument.

Advanced Legal Writing

Theories and Strategies in Persuasive Writing, Third Edition
Author: Michael R. Smith
Publisher: Wolters Kluwer Law & Business
ISBN: 1454819170
Category: Law
Page: 416
View: 2788

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With a practical focus on persuasive writing strategies, Advanced Legal Writing: Theory and Strategies in Persuasive Writing explores three classical techniques: logos, pathos, and ethos, and provides students with a thorough introduction to the elements of rhetorical style. Unlike many other advanced legal writing texts, which tend to focus on a document-specific approach, this unique coursebook focuses on classical writing strategies that students can apply to a wide range of settings. The depth and scope of this text make it appropriate for upper-level legal writing courses. The Third Edition has been expanded to include the use of movies and other popular culture media in chapters dealing with literary references. There have also been substantial revisions to the chapter on policy. Features: Comprehensive coverage of the technical aspects of rhetorical style: metaphor, literary allusion, and figures of speech. Emphasizes theory as well as practice, building on three basic strategies of persuasive legal writing: Logos: Logic and rational argument. o Pathos: Value-based argument. Ethos: Establishing credibility. Highlights interdisciplinary contributions to persuasive writing from diverse fields, including cognitive psychology, classical rhetoric, and morality theory. Presents effective strategies that extend beyond the trial or appellate brief to a broad range of documents and settings. Covers new developments in cognitive psychology, pathos, persuasion, and the role of metaphor in persuasive legal writing. Depth and scope appropriate for upper-level legal writing classes. Thoroughly updated, the revised Third Edition offers: Substantial revisions to the chapter on policy. Expanded chapters on literary references now include other media, e.g., movies and other pop culture platforms.

Effective Appellate Advocacy

Brief Writing and Oral Argument
Author: Carole C. Berry
Publisher: West Academic Publishing
ISBN: 9780314908759
Category: Law
Page: 510
View: 1840

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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.

Appellate Advocacy in a Nutshell


Author: Alan D. Hornstein
Publisher: West Academic Publishing
ISBN: 9780314223784
Category: Law
Page: 323
View: 7345

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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.

Moot Court Workbook

Finding Educational Success and Competition Glory
Author: Sue Painter-Thorne,Karen J. Sneddon
Publisher: Wolters Kluwer Law & Business
ISBN: 1454892609
Category: Law
Page: 160
View: 6609

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The Moot Court Workbook offers an opportunity to participate a range of lawyerly skills, such as collaborating, scheduling, and managing stress, in addition to honing the skills of legal analysis, research, persuasive writing, and oral advocacy. This workbook enhances the educational and practical experience of moot court, including the development of professional identity, and offers basic information students need to perform well in Moot Court and to cultivate professional skills that will make them successful after graduation. Professors and students will benefit from: A focus on active learning—with annotated examples drawn from filed briefs and oral arguments, exercises, tip sheets, rubrics, and checklists—to engage students and to help them learn and retain core content. The authors' experience as professors who teach legal writing (including persuasive writing and oral argument), coach moot court teams, and judge moot court competitions. Clear organization and descriptive headings that ensure easy access to relevant topics Workbook topics that are designed to advance students’ understanding and use of persuasive advocacy skills without limitation to a particular competition problem. Examples and exercises (with suggested answers) that are drawn from a variety of subject areas.

Pretrial Advocacy

Planning, Analysis, and Strategy
Author: Marilyn J. Berger,John B. Mitchell,Ronald H. Clark
Publisher: Wolters Kluwer Law & Business
ISBN: 1454870001
Category: Law
Page: 816
View: 4527

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Pretrial Advocay: Planning, Analysis, and Strategy, Fifth Edition provides an excellent conceptual and practical foundation for pretrial litigation for both teachers and students. Pretrial Advocay covers both criminal and civil pretrial practice, with a focus on federal and state litigation. Professional responsibilty and civility are emphasized through the text. Checklists of skills, techniques, and ethics, which appear in each chapter, as well as 79 assignments, designed for student role-play performances, allow for greater student comprehension. Features New complete password-protected website (aspenadvocacybooks.com) containing: Streaming videos 79 assignments for role-play skills performances, such as drafting pleadings and taking and defending a deposition Drafting demand letters and mediation briefs with a step-by-step explanation of how to draft effective demand letters and mediation bries with examples Pleadings Chapter newly revised and enhanced Up-to-date Rules changes are incorporated

Winning On Appeal: Better Briefs and Oral Argument, Second Edition


Author: Hon. Ruggero J. Aldisert
Publisher: LexisNexis
ISBN: 1632814099
Category: Law
Page: N.A
View: 1348

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Winning on Appeal has been adopted by top-flight law schools for appellate advocacy courses. It also has become a popular desk reference on how to write an effective brief and deliver a persuasive oral argument. In the Second Edition, Ruggero J. Aldisert, a 40-year veteran of the federal appeals bench, fundamentally reorganizes the book. By creating 25 chapters in place of the previous 17, Aldisert creates a wonderfully instructive how-to manual for the appellate advocate and a must volume for those who select appellate advocates. Throughout Winning on Appeal, 19 current chief justices of state courts, nine chief judges of U.S. Courts of Appeals, more than 20 U.S. Circuit and state appellate judges contribute their thoughts on how to write a brief and how to argue a case-information that is not available in any other publication or resource. Judge Aldisert draws the perfect roadmap for the attorney who wants to win on appeal. Reviews "With 35 years on the appellate bench, Judge Aldisert has a huge network of friends in judicial and appellate practitioner ranks - people who now provide quotable guidance throughout his book, in one or a few sentences, on everything from perfecting the written argument to pet peeves, from vignettes on being persuasive to a "compendium of advice" on what makes a brief effective." -Oregon Bar Bulletin "Winning on Appeal is an impressive achievement. Appellate lawyers and judges will profit immensely from consulting it." -William J. Brennan, Jr., Justice, U.S. Supreme Court (1957-1990) "Told from a judge's viewpoint, the book is an expose of appellate lawyering from the other side of the bench. It fills a curious void in the existing literature on appellate advocacy, until now authored almost exclusively by non-judges. While practitioners and academics often have invaluable insights, theirs is only half the story." -Alex Kozinski, Judge, U.S. Court of Appeals for the Ninth Circuit

Point Made

How to Write Like the Nation's Top Advocates
Author: Ross Guberman
Publisher: Oxford University Press
ISBN: 0199943850
Category: Law
Page: 352
View: 485

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In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.

Persuasive Written and Oral Advocacy in Trial and Appellate Courts


Author: Michael R. Fontham,Michael Vitiello
Publisher: Wolters Kluwer Law & Business
ISBN: 1454828862
Category: Law
Page: 460
View: 1613

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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

The moot court book

a student guide to appellate advocacy
Author: John T. Gaubatz,Taylor Mattis
Publisher: Lexis Pub
ISBN: N.A
Category: Law
Page: 307
View: 8867

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Sourcebook on legal writing programs


Author: Eric B. Easton,Mary Beth Beazley,American Bar Association. Section of Legal Education and Admissions to the Bar. Communication Skills Committee
Publisher: N.A
ISBN: N.A
Category: Law
Page: 241
View: 2983

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The Best 172 Law Schools 2011


Author: Esq. Eric Owens,Princeton Review (Firm)
Publisher: Princeton Review
ISBN: 0375427899
Category: Law
Page: 479
View: 7071

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Profiles the top law schools in the United States and Canada, offering information on such topics as the average LSAT scores for admitted students, job placement rates for graduates, and student demographics.