Legal Argument
Legal Argument

Author: James A. Gardner

Publisher: LexisNexis/Matthew Bender

Published: 2007

Total Pages: 196

ISBN-13:

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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.

The Moot Court Advisor's Handbook
The Moot Court Advisor's Handbook

Author: James Dimitri

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9781531019495

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Perhaps you are a law professor who has been asked to advise a moot court team. Maybe you teach an appellate advocacy course or run an internal moot court competition. You might be an attorney recruited to coach a team, or your school's entire moot court program might have just been dropped in your lap. No matter your role or level of experience, the Legal Writing Institute's Moot Court Advisor's Handbook is a resource of best practices for running moot court and other legal skills competitions. Drawing on the combined expertise of the Legal Writing Institute's Moot Court Committee, the handbook has chapters on administering a moot court program, running an internal moot court competition, coaching teams at external moot court competitions, and establishing your own external moot court competition. The second edition adds a new chapter on virtual competitions, updates regarding new ABA Standards relevant to legal skills competitions, and a trove of updated online resources you can customize to meet your program's needs.

Art of Advocacy
Art of Advocacy

Author: Noah Messing

Publisher: Aspen Publishing

Published: 2013-06-28

Total Pages: 487

ISBN-13: 1454836288

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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

Tongue-Tied America
Tongue-Tied America

Author: Robert N. Sayler

Publisher: Aspen Publishing

Published: 2018-08-21

Total Pages: 458

ISBN-13: 1543805388

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A brief, practical text that focuses on the art of speaking persuasively. A discretionary purchase for law students, business school students, lawyers, and other professionals, this text compliments any course covering persuasion, trials, appellate advocacy, and any clinical program with an oral component. New to the Third Edition: Porter v. Donnelly Case File: With these materials, readers can practice making opening statements, closing arguments, examining witnesses, and making arguments to a court. Exercises at the end of each chapter to help you master new skills. Expanded historical examples of effective and ineffective speeches. Analysis of how social media has affected verbal persuasion, the dangers of propaganda, and the roles of facts and emotions in effective rhetoric. Professors and students will benefit from: This book offers a practical, easy-to-understand approach to improve your public speaking. The lessons are derived from the best teachings of classical rhetoric, psychology, law, and the theater. Readers are exposed to concrete lessons in topics such as how to write an effective verbal presentation, how to create and use memorable visual aids, how to improve physical delivery and stage presence, vocal exercises, and techniques to conquer stage fright. The book also explores how to speak effectively in a world dominated by social media and in today’s political climate. This book is suitable for a trial practice class because includes a complete case file for the trial of Porter v. Donnelly. However, it exceeds the offerings of a typical case file because readers are not simply learning the nuts and bolts of trial practice exercises; instead, they are asked to view each of those exercises through the lens of rhetoric.

How to Please the Court
How to Please the Court

Author: Paul I. Weizer

Publisher: Peter Lang

Published: 2004

Total Pages: 204

ISBN-13: 9780820469492

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Designed for anyone who has an interest in using moot court simulations as an educational exercise, How to Please the Court brings together prominent moot court faculty who share their collective years of experience in building a successful moot court program. Touching on all aspects of the moot court experience, this book guides the reader through conducting legal research, the structure of an oral argument, the tournament experience, and the successes and rewards of competition.

Critical Race Judgments
Critical Race Judgments

Author: Bennett Capers

Publisher: Cambridge University Press

Published: 2022-04-21

Total Pages: 725

ISBN-13: 1316732592

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By re-writing US Supreme Court opinions that implicate critical dimensions of racial justice, Critical Race Judgments demonstrates that it's possible to be judge and a critical race theorist. Specific issues covered in these cases include the death penalty, employment, voting, policing, education, the environment, justice, housing, immigration, sexual orientation, segregation, and mass incarceration. While some rewritten cases – Plessy v. Ferguson (which constitutionalized Jim Crow) and Korematsu v. United States (which constitutionalized internment) – originally focused on race, many of the rewritten opinions – Lawrence v. Texas (which constitutionalized sodomy laws) and Roe v. Wade (which constitutionalized a woman's right to choose) – are used to incorporate racial justice principles in novel and important ways. This work is essential for everyone who needs to understand why critical race theory must be deployed in constitutional law to uphold and advance racial justice principles that are foundational to US democracy.

Technological Innovation
Technological Innovation

Author: Marie C. Thursby

Publisher: Emerald Group Publishing

Published: 2016-08-23

Total Pages: 432

ISBN-13: 1786352370

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This is the 2nd edition of Technological Innovation. Profiting from technological innovation requires scientific and engineering expertise, and an understanding of how business and legal factors facilitate commercialization. This volume presents a multidisciplinary view of issues in technology commercialization and entrepreneurship.

Advanced Appellate Advocacy
Advanced Appellate Advocacy

Author: Susan E. Provenzano, Sarah O. Schrup, Carter G. Phillips, Jeffrey T. Green

Publisher: Aspen Publishing

Published: 2016-02-29

Total Pages: 0

ISBN-13: 9781454847205

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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