Judicial Writing

A Benchmark for the Bench
Author: Chinua Asuzu
Publisher: Partridge Africa
ISBN: 1482862255
Category: Education
Page: 304
View: 1569

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To validate their institutional continuance as a branch of government, writes Chinua Asuzu, judges must make sound decisions. They must also articulate and express those decisions efficiently and comprehensibly. This book shows how. This book will help judges, arbitrators, and other decision-writers master the art and science of judicial writing. A most welcome guide, Judicial Writing: A Benchmark for the Benchsets a high, yet attainable, standard of excellence for writing judicial decisions. It will no doubt become the reference point for judging judges and their judgments. Chinua Asuzu is that uncommon lawyer who wrote The Uncommon Law of Learned Writing. His other works includeAnatomy of a Brief andFair Hearing in Nigeria. A versatile arbitrator, Asuzu served as an administrative-law judge at the Tax Appeal Tribunal in Nigeria from 2010 to 2016.He is now the Senior Partner of Assizes Lawfirm, a team of tax lawyers.

Judicial Writing Manual

A Pocket Guide for Judges
Author: Federal Judicial Federal Judicial Center
Publisher: Createspace Independent Publishing Platform
ISBN: 9781539435617
Category:
Page: 56
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This manual is not intended to proclaim the right way of writing an opinion. Anyone who attempts to announce authoritative rules of good writing invites debate and comparison. As one judge said, "I have one overarching rule. That is, don't have any such rules." Indeed, in a leading text on good writing, E. B. White acknowledged that "[s]tyle rules of this sort are, of course, somewhat a matter of individual preference, and even the established rules of grammar are open to challenge." Instead, the purpose of the manual is to stimulate judges to think as systematically about writing their opinions as they do about deciding their cases. Judges should ask themselves: Am I writing this way because this is how I've always done it, or is there a better way? Is there a reason for organizing the opinion this way? For including these particular facts? For discussing this issue at length? For citing this case? Is this sentence clear? Are all the words in it necessary? In the following parts, the manual takes readers through the opinion-writing process. Part 2 suggests issues to consider in deciding whether to write a formal opinion, a memorandum, or an unpublished opinion. Part 3 discusses steps a judge should take before starting to write. Part 4 discusses the organization and content of an opinion. Part 5 offers suggestions on language, style, and editing. Part 6 presents considerations for cowriting an opinion, commenting on the opinions of other members of the court, and writing dissenting and concurring opinions. Part 7 contains a list of books and articles that may be useful to those who want to read more about judicial writing. The appendices provide examples of some of the writings discussed in the manual, such as summary orders and dissenting opinions.

Law and Literature


Author: Richard A. Posner
Publisher: Harvard University Press
ISBN: 0674054415
Category: Law
Page: 592
View: 9219

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Law and Literature is the only book-length treatment of a widely popular subject that is drawing considerable academic attention. Leading legal scholar Richard Posner believes that courses and scholarship in law and literature provide an attractive alternative to courses and scholarship in jurisprudence (philosophy of law), especially since the study of literature can assist lawyers and judges by sharpening their rhetorical skills. The revised edition features considerable new material, including a consideration of plagiarism as well as discussions of novels that grapple with issues very pertinent today, such as illegal immigration, global warming, bioterrorism, surveillance, artificial reproduction, and virtual reality. Posner also discusses the role of the law in popular literature, movies, and television.

Introduction to Classical Legal Rhetoric

A Lost Heritage
Author: Michael H. Frost
Publisher: Routledge
ISBN: 1351926322
Category: Law
Page: 170
View: 1827

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Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern theories on the topic. Beginning with Aristotle's Rhetoric and culminating with Cicero's De Oratore and Quintilian's Institutio Oratoria, Greek and Roman rhetoricians created a clear, experience-based theoretical framework for analyzing legal discourse. This book is the first to systematically examine the connections between classical rhetoric and modern legal discourse. It traces the history of legal rhetoric from the classical period to the present day and shows how modern theorists have unknowingly benefited from the classical works. It also applies classical rhetorical principles to modern appellate briefs and judicial opinions to demonstrate how a greater familiarity with the classical sources can deepen our understanding of legal reasoning.

Opinion Writing


Author: Ruggero J. Aldisert
Publisher: AuthorHouse
ISBN: 1438982275
Category: Law
Page: 334
View: 388

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This book is based on real life experiences where the possibility of the living being able to communicate with the deceased is investigated. The belief in reincarnation and life after death raises a tantalising question: Can the living communicate with the dead? Most churchmen and scientists are sceptical, but many people, including churchmen and scientists, believe such a thing is possible. The belief in the immortal soul is a dogma of Christianity (resurrection), Hinduism (reincarnation or samsara), Islam (Day of Judgement), Judaism (sheol), and the Shona (NyikaDzimu). Moreover, man has been familiar with the concept of life after death since time immemorial. Immortality has been rejected by those who feel its only basis is wishful thinking that when the body dies, the personality dies with it because it is part of the physical body. Believers can cite the resurrection of Jesus, and maintain that since life on earth is not completely fulfilled an afterlife is necessary for completion. Another argument in favour of an afterlife is that since matter and energy may be transformed but not destroyed, neither can personality, which exists just as do the elements in nature, be destroyed. In many of the ancient societies, including Egypt and Greece, dreaming was considered a supernatural communication or a means of divine intervention, whose message could be unravelled by those with certain powers. In modern times, various schools of psychology have offered theories about the meaning of dreams. In Communication with the Deceased is meant to serve only as a basis for reflection in order for the reader to examine all the clues and then derive further meaning from specific circumstances of his/her own dreams. To be able to interpret a dream, one does not need to have an academic degree in psychology. What is important is to use one's instinct and common sense. Try to develop your own personal insights into what the common symbols in your dreams mean. When it comes to dream symbols, there are no equivocally universal rules or meanings. Dreams dictionaries help by providing hints at the meaning of symbols that appear in one's dreams. This book is of value to those studying psychology and those participating

In Chambers

A Guide for Judicial Clerks and Externs
Author: Jennifer L. Sheppard
Publisher: Wolters Kluwer Law & Business
ISBN: 1454820535
Category: Law
Page: 228
View: 5906

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In Chambers is a refreshingly brief and focused book that addresses the key concepts and basic skills clerks and externs need to have on day one. It explains rudimentary tasks, such as reading a docket sheet and working with a case file, and offers detailed instructions on drafting jury instructions. Sources of authority commonly relied upon by the courts are identified for specific topics, and a helpful note-taking system is provided. Standards of review are covered in detail, including the standard for mixed questions of fact and law. Useful checklists are provided as well for drafting documents. Exercises at the end of chapters evaluate the reader’s comprehension and application of the materials. The text of In Chambers is informed by the author's own experience as a judicial clerk as well as her involvement with the externship programs at Appalachian School of Law and Mercer University School of Law. Features: Addresses key concepts and basic skills that clerks and externs need to have on day one Explains rudimentary tasks reading a docket sheet working with a case file Offers detailed instructions on drafting jury instructions Identifies sources of authority commonly relied upon by the courts in specific areas Provides a helpful note-taking system Explains standards of review in detail includes standard for mixed questions of fact and law Includes checklists for drafting documents Features chapter-ending exercises evaluate the reader's comprehension apply materials to real situations Informed by author's experience served as a judicial clerk involved in the externship programs at Appalachian School of Law and Mercer University School of Law

In the Opinion of the Court


Author: William Domnarski
Publisher: University of Illinois Press
ISBN: 9780252065569
Category: Political Science
Page: 183
View: 5118

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In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.

Judicial Writing Manual

A Pocket Guide for Judges
Author: Federal Judicial Center
Publisher: Createspace Independent Publishing Platform
ISBN: 9781492315285
Category: Law
Page: 56
View: 2391

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Judicial Writing ManualA Pocket Guide for JudgesSecond EditionFederal Judicial CenterThe link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community. Whatever the court's statutory and constitutional status, the written word, in the end, is the source and the measure of the court's authority. It is therefore not enough that a decision be correct—it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and to satisfy the world that the decision is principled and sound. What the court says, and how it says it, is as important as what the court decides. It is important to the reader. But it is also important to the author because in the writing lies the test of the thinking that underlies it. “Good writing,” Ambrose Bierce said, “essentially is clear thinking made visible.” Ambrose Bierce, Write It Right 6 (rev. ed. 1986). To serve the cause of good opinion writing, the Federal Judicial Center has prepared this manual. It is not held out as an authoritative pronouncement on good writing, a subject on which the literature abounds. Rather, it distills the experience and reflects the views of a group of experienced judges, vetted by a distinguished board of editors. No one of them would approach the task of writing an opinion, or describe the process, precisely as any of the others would. Yet, though this is a highly personal endeavor, some generally accepted principles of good opinion writing emerge and they are the subject of this manual. We hope that judges and their law clerks will find this manual helpful and that it will advance the cause for which it has been prepared.William W SchwarzerDirector Emeritus, Federal Judicial Center

Legal writing

sense and nonsense
Author: David Mellinkoff
Publisher: West Group
ISBN: N.A
Category: Law
Page: 242
View: 6002

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How to write plain English

a book for lawyers and consumers
Author: Rudolf Franz Flesch
Publisher: Harpercollins
ISBN: N.A
Category: Language Arts & Disciplines
Page: 126
View: 4912

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Tackling the obfuscation inherent in legal language, Flesch isolates the elements in legal writing that make most documents beyond the layman's comprehension and offers remedies for each obstacle to easy reading and understanding

Handbook of Markov Chain Monte Carlo


Author: Steve Brooks,Andrew Gelman,Galin Jones,Xiao-Li Meng
Publisher: CRC Press
ISBN: 1420079425
Category: Mathematics
Page: 619
View: 3451

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Since their popularization in the 1990s, Markov chain Monte Carlo (MCMC) methods have revolutionized statistical computing and have had an especially profound impact on the practice of Bayesian statistics. Furthermore, MCMC methods have enabled the development and use of intricate models in an astonishing array of disciplines as diverse as fisheries science and economics. The wide-ranging practical importance of MCMC has sparked an expansive and deep investigation into fundamental Markov chain theory. The Handbook of Markov Chain Monte Carlo provides a reference for the broad audience of developers and users of MCMC methodology interested in keeping up with cutting-edge theory and applications. The first half of the book covers MCMC foundations, methodology, and algorithms. The second half considers the use of MCMC in a variety of practical applications including in educational research, astrophysics, brain imaging, ecology, and sociology. The in-depth introductory section of the book allows graduate students and practicing scientists new to MCMC to become thoroughly acquainted with the basic theory, algorithms, and applications. The book supplies detailed examples and case studies of realistic scientific problems presenting the diversity of methods used by the wide-ranging MCMC community. Those familiar with MCMC methods will find this book a useful refresher of current theory and recent developments.

Mein Kampf


Author: Adolf Hitler
Publisher: Createspace Independent Publishing Platform
ISBN: 9781983638206
Category:
Page: 822
View: 9279

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Published in the German language, this is the infamous Main Kampf, by Adolf Hitler.

Handbook on the Law of Judicial Precedents: Or, the Science of Case Law


Author: Henry Campbell Black
Publisher: Wentworth Press
ISBN: 9780270459043
Category: History
Page: 828
View: 2344

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This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Opinion Writing and Case Preparation


Author: The City Law School
Publisher: Oxford University Press
ISBN: 0198765983
Category:
Page: 400
View: 1044

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Opinion Writing and Case Preparation equips trainee barristers with the tools and techniques they need to identify, analyse, and present convincing legal arguments, and gives a thorough grounding in the skill of writing opinions. With its systematic approach to legal research and fact management, the manual provides trainee barristers with an efficient and reliable method for preparing a client's case. The fundamental qualities of effective writing are also clearly identified and explained, helping you develop this essential skill. Particular care is taken to guide you through the appropriate ways of writing opinions in a variety of contexts.

The Elements of Legal Style


Author: Bryan A. Garner
Publisher: Oxford University Press, USA
ISBN: N.A
Category: Language Arts & Disciplines
Page: 236
View: 2904

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Offers advice on a variety of expository writing concerns, including grammar, clarity, and persuasive rhetoric

Reasons for judgment

a handbook for judges and other judicial officers
Author: Roman N. Komar
Publisher: N.A
ISBN: 9780409843644
Category: Law
Page: 103
View: 7896

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