Legal Reasoning Writing And Other Lawyering Skills

Author : Robin Wellford Slocum,Gina Nerger
Publisher : Carolina Academic Press LLC
Page : 0 pages
File Size : 53,8 Mb
Release : 2022
Category : Law
ISBN : 1531024041

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Legal Reasoning, Writing, and Other Lawyering Skills by Robin Wellford Slocum,Gina Nerger Pdf

The fourth edition of Legal Reasoning, Writing and Other Lawyering Skills draws on lessons from neuroscience and psychology to deepen students' understanding of self and others, and of the emotional biases and filters that undermine their efforts to "think like a lawyer." The fourth edition retains the same core chapters of earlier editions that emphasize and illustrate the "process" of thinking through, and writing about, a client problem. Within those core chapters, however, the fourth edition refines and adds clarity to foundational concepts. For example, the fourth edition distinguishes between types of client conclusions within legal analysis--ultimate conclusions and legal issue conclusions, and it breaks down the types of reasoning provided within court opinions--explanatory reasoning and application reasoning. These labels foster deeper understanding of the core concepts needed to engage in legal analysis. The fourth edition also provides a more specific formula for successfully drafting rule statements for use within memorandums and briefs. In addition, the fourth edition retains chapters covering the practicalities of modern-day legal practice, with a focus on documents students will draft in day-to-day law practice, from client letters, email responses, demand/settlement letters, and trial briefs. The fourth edition adds a new chapter on drafting summary judgment briefs, and introduces students to working with and citing record evidence. It also adds additional exercises throughout for more hands-on learning opportunities. This book can be used in a typical two-semester legal skills course, as well as more intensive two-semester courses, and three- and even four-semester courses.

Author : Nancy L. Schultz
Publisher : Unknown
Page : 772 pages
File Size : 45,6 Mb
Release : 2004
Category : Law
ISBN : STANFORD:36105063263698

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Legal Writing and Other Lawyering Skills by Nancy L. Schultz Pdf

Author : Nancy Lusignan Schultz
Publisher : Aspen Publishing
Page : 691 pages
File Size : 49,6 Mb
Release : 2014-03-04
Category : Law
ISBN : 9781454846598

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Legal Writing and Other Lawyering Skills by Nancy Lusignan Schultz Pdf

With a consistent emphasis on precision and good organization, this text teaches students how to draft memoranda, opinion letters, pleadings, briefs, and other legal documents, as well as communications skills including client counseling, negotiating, and presenting oral arguments. Features: An expanded chapter on trial briefs, including pretrial motion briefs A new chapter on communicating by email A new chapter on time management A new chapter on mediation and related documents.

Author : Robin S. Wellford
Publisher : Unknown
Page : 606 pages
File Size : 45,6 Mb
Release : 2002-01
Category : Law
ISBN : 0820553891

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Legal Reasoning, Writing, and Persuasive Argument by Robin S. Wellford Pdf

Author : Nadia E. Nedzel
Publisher : Aspen Publishing
Page : 1344 pages
File Size : 51,9 Mb
Release : 2021-01-31
Category : Law
ISBN : 9781543831184

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Legal Reasoning, Research, and Writing for International Graduate Students by Nadia E. Nedzel Pdf

Legal Reasoning, Research, and Writing for International Graduate Students, Fifth Edition, helps international students understand and approach legal reasoning and writing the way law students and attorneys do in the United States. With concise and clear text, Professor Nedzel introduces the unique and important features of the American legal system and American law schools. Using clear instruction, examples, visual aids, and practice exercises, she teaches practical lawyering skills with sensitivity to the challenges of ESL students. New to the Fifth Edition: Streamlined presentation makes the material even more accessible. Chapters are short, direct, and to the point. Five chapters on reasoning and writing, including exam skills, office memos, and rewriting. Full chapters on contract drafting and scholarly writing. New flowcharts provide a concise, visual overview for each chapter. Citation coverage updated to new 21st edition of The Bluebook. Simplified examples and exercises. Three thoroughly revised chapters on legal research, including non-fee legal research and technological changes in the practice of U.S. law. Professors and student will benefit from: Comparative perspective informs readers about the unique features of American law as compared to civil law, Islamic law, and Asian traditions. Explanations of practical skills assume no former knowledge of the American legal system. U.S. law school necessary skills explained immediately: case briefing, creating a course outline, time management, reading citations, and writing answers to hypothetical exam questions. Short, lucid chapters that reiterate major points to aid comprehension. Clear introductions to writing hypothetical-based exams, legal memoranda, contract drafting and scholarly writing. An integrated approach to proper citation format, with explanation and instruction provided in context. Discussion of plagiarism and U.S. law school honor codes. Practical skill-building exercises in each chapter. Research exercises are primarily Internet-based Charts and summaries that are useful learning aids and reference tools

Author : Richard K. Neumann Jr.,Ellie Margolis,Kathryn M. Stanchi
Publisher : Wolters Kluwer
Page : 0 pages
File Size : 42,8 Mb
Release : 2021-01-31
Category : Law
ISBN : 1543810853

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Legal Reasoning and Legal Writing by Richard K. Neumann Jr.,Ellie Margolis,Kathryn M. Stanchi Pdf

Legal Reasoning and Legal Writing teaches students how to organize and incorporate a legal argument into strong and cogent writing for a variety of applications in legal practice. This clear and coherent text has been updated to address the new skills required for modern law practice. While the Ninth Edition still includes the fundamental tools that has made it one of the best-selling legal writing texts, it has been updated to incorporate current and more sophisticated material for students wishing to take their advocacy skills to the next level. Designed for utility in a wide range of legal writing courses, the book covers multiple types of legal writing, including office memos, appellate and motion briefs, client letters, and email correspondence, as well as all aspects of legal reasoning from rule-based analysis to strategies of persuasion. It also covers other key skills such as oral reports to supervisors, appellate and motion argument, tips about the realities of online law practice and modern changes in language and style. The Ninth Edition reflects the collective wisdom of three leaders in the legal writing discipline who together have over 90 years of experience teaching, writing and speaking about legal writing. New to the Ninth Edition: New chapters 23-33 (The Shift to Persuasion). The new chapters are thoroughly modernized and to incorporate the best ideas of the legal scholarship on persuasion in an accessible and clear fashion. The newly organized chapters reflect that legal writing courses might teach appellate briefs or motion briefs, or some combination, and make the assigning of chapters easier for all approaches. New content about theory of the case, motions, procedural posture and the client’s story. Professors and student will benefit from: Clear coverage of the nuts and bolts of writing an office memo, a motion memo, and an appellate brief organized to make assigning chapters easier for all different course approaches. The authors’ paradigm for Organizing a Proof of a Conclusion of Law, which provides the best explanation available of the reasoning underlying the proof of a conclusion of law. Immersive pedagogy where students learn both to think like lawyers and to think like writers. A thoughtful look at all aspects of legal reasoning, from rule-based analysis to the strategy of persuasion An accessible approach that focuses on the process of writing timely examples and exercises from legal practice A full complement of sample documents in the Appendices Teaching materials Include: Teacher’s Manual Additional resources included with Connected Coursebook

Author : Robin Wellford Slocum
Publisher : Unknown
Page : 810 pages
File Size : 49,6 Mb
Release : 2006
Category : Language Arts & Disciplines
ISBN : STANFORD:36105063835172

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Legal Reasoning, Writing, and Persuasive Argument by Robin Wellford Slocum Pdf

Author : Festus Emiri,Ernest Owusu-Dapaa
Publisher : African Books Collective
Page : 511 pages
File Size : 47,8 Mb
Release : 2020-07-01
Category : Law
ISBN : 9789785916553

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Essentials of Lawyering Skills in Africa by Festus Emiri,Ernest Owusu-Dapaa Pdf

In twenty-two chapters, divided into six parts for convenience, the authors not only lay bare the art of lawyering but also provide invaluable nuggets of perfecting and excelling as a solicitor and advocate. There is little doubt that the contents of this book dramatically make a lawyer, especially the lawyer in Africa, to be more effective, more skilful and a proper lawyer useful to the client and society.

Author : Robin S. Wellford
Publisher : Unknown
Page : 140 pages
File Size : 46,9 Mb
Release : 2002
Category : Law
ISBN : 0820555150

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Legal Reasoning, Writing and Persuasive Argument by Robin S. Wellford Pdf

Author : Cass R. Sunstein
Publisher : Oxford University Press
Page : 233 pages
File Size : 50,7 Mb
Release : 1998-02-26
Category : Law
ISBN : 9780195353495

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Legal Reasoning and Political Conflict by Cass R. Sunstein Pdf

The most glamorous and even glorious moments in a legal system come when a high court recognizes an abstract principle involving, for example, human liberty or equality. Indeed, Americans, and not a few non-Americans, have been greatly stirred--and divided--by the opinions of the Supreme Court, especially in the area of race relations, where the Court has tried to revolutionize American society. But these stirring decisions are aberrations, says Cass R. Sunstein, and perhaps thankfully so. In Legal Reasoning and Political Conflict, Sunstein, one of America's best known commentators on our legal system, offers a bold, new thesis about how the law should work in America, arguing that the courts best enable people to live together, despite their diversity, by resolving particular cases without taking sides in broader, more abstract conflicts. Sunstein offers a close analysis of the way the law can mediate disputes in a diverse society, examining how the law works in practical terms, and showing that, to arrive at workable, practical solutions, judges must avoid broad, abstract reasoning. Why? For one thing, critics and adversaries who would never agree on fundamental ideals are often willing to accept the concrete details of a particular decision. Likewise, a plea bargain for someone caught exceeding the speed limit need not--indeed, must not--delve into sweeping issues of government regulation and personal liberty. Thus judges purposely limit the scope of their decisions to avoid reopening large-scale controversies. Sunstein calls such actions incompletely theorized agreements. In identifying them as the core feature of legal reasoning--and as a central part of constitutional thinking in America, South Africa, and Eastern Europe-- he takes issue with advocates of comprehensive theories and systemization, from Robert Bork (who champions the original understanding of the Constitution) to Jeremy Bentham, the father of utilitarianism, and Ronald Dworkin, who defends an ambitious role for courts in the elaboration of rights. Equally important, Sunstein goes on to argue that it is the living practice of the nation's citizens that truly makes law. For example, he cites Griswold v. Connecticut, a groundbreaking case in which the Supreme Court struck down Connecticut's restrictions on the use of contraceptives by married couples--a law that was no longer enforced by prosecutors. In overturning the legislation, the Court invoked the abstract right of privacy; the author asserts that the justices should have appealed to the narrower principle that citizens need not comply with laws that lack real enforcement. By avoiding large-scale issues and values, such a decision could have led to a different outcome in Bowers v. Hardwick, the decision that upheld Georgia's rarely prosecuted ban on sodomy. And by pointing to the need for flexibility over time and circumstances, Sunstein offers a novel understanding of the old ideal of the rule of law. Legal reasoning can seem impenetrable, mysterious, baroque. This book helps dissolve the mystery. Whether discussing the interpretation of the Constitution or the spell cast by the revolutionary Warren Court, Cass Sunstein writes with grace and power, offering a striking and original vision of the role of the law in a diverse society. In his flexible, practical approach to legal reasoning, he moves the debate over fundamental values and principles out of the courts and back to its rightful place in a democratic state: the legislatures elected by the people.

Author : Jeffrey Lipshaw
Publisher : Routledge
Page : 300 pages
File Size : 52,5 Mb
Release : 2017-03-27
Category : Law
ISBN : 9781315410791

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Beyond Legal Reasoning: a Critique of Pure Lawyering by Jeffrey Lipshaw Pdf

The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.

Author : E Scott Fruehwald
Publisher : Unknown
Page : 200 pages
File Size : 55,8 Mb
Release : 2020-07-23
Category : Electronic
ISBN : 9798668582976

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Think Like a Lawyer by E Scott Fruehwald Pdf

This book's purpose is to better prepare law students and lawyers for the practice of law by providing them with a firm foundation in legal reasoning, showing them how to apply legal reasoning skills to facts, and teaching them legal problem solving. I will do this by focusing explicitly on the different types of legal reasoning and the types of miniskills needed to develop the different types of legal reasoning.The chapters in this book will present the different types of legal reasoning, the miniskills that are related to the different types of legal reasoning, and how to use these miniskills in combination. Chapter One discusses the five types of legal reasoning. Chapter Two will teach you how to be a critical and engaged reader and analyze cases, skills that are needed before you can learn the other miniskills in detail. Chapter Three concerns reasoning by analogy, which involves showing how your case is like a precedent case. Chapter Four examines rule-based reasoning, and how to apply rules to facts. Chapter Five involves synthesizing cases into rules, which is an important skill in establishing the law. Chapter Six investigates statutory interpretation. Chapter Seven brings the prior chapters together, by demonstrating how the different types of legal reasoning relate to the small-scale paradigm (how to organize a simple analysis). Chapter Eight fills in this paradigm by examining how to respond to opposing arguments and distinguish cases. Finally, Chapter Nine serves as a capstone to this book with its presentation of advanced problem solving and creative thinking. The appendices cover how the American legal system developed and canons of statutory construction.One of the purposes of this book is to allow law students to learn legal skills independently. I want students to be able to get immediate feedback on their learning. Consequently, I have put answers to the exercises at the end of each chapter.

Author : Steven J. Burton
Publisher : Aspen Publishers
Page : 240 pages
File Size : 41,5 Mb
Release : 2007
Category : Law
ISBN : STANFORD:36105063750496

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An Introduction to Law and Legal Reasoning by Steven J. Burton Pdf

A dependable, practical source that: - Covers analogical and deductive reasoning, as well as the roles of legal conventions, purposes, and policies in legal reasoning - Discusses cases of varying difficulty to diversify the learning process - Presents law and legal reasoning primarily through discussions of cases and examples that avoid the abstraction characteristic of most competing books - Emphasizes the law as used in practice by lawyers and judges - Provides an explicit and systematic introduction to law and legal reasoning - Offers a source suitable for use as supplementary reading in any first year course, in legal research and writing courses, in paralegal courses, and in other settings This great new edition has been carefully updated to include: - A new chapter, "Hardest Cases," that highlights cases notorious in the press - Updates throughout that guarantee the most current legal information

Author : Nancy L. Schultz,Louis J. Sirico
Publisher : Wolters Kluwer Law and Business
Page : 415 pages
File Size : 46,7 Mb
Release : 2010
Category : Law
ISBN : 0735594023

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Legal Writing and Other Lawyering Skills by Nancy L. Schultz,Louis J. Sirico Pdf

With a consistent emphasis on precision and good organization, Legal Writing and Other Lawyering Skills, Fifth Edition, shows students how to draft memoranda, opinion letters, pleadings, briefs, and other legal documents. But because communication in the practice of law occurs in specific contexts, authors Nancy L. Schultz and Louis J. Sirico, Jr . teach other valuable lawyering skills, such as client counseling, negotiating, and how to present an oral argument before the court, in this timely and student-friendly text. Now with a more contemporary look that reflects a new publisher and revisions requested by users of the text, the Fifth Edition of Legal Writing and Other Lawyering Skills features: a straightforward and student-friendly approach, framed and supported by a logical organization streamlined coverage that focuses on basic communication skills in practice complete coverage of legal writing--with outstanding chapters on writing style and how to write a memo in-depth instruction on legal analysis, oral argument, and how to write an appellate brief a helpful preliminary overview of the American legal system refreshed, updated, and carefully honed practice exercises expanded coverage of electronic research new coverage of electronic communicationformat, etiquette, ethics, and liability thoroughly up-to-date court citations, cases, and sample documents generous use of sample documents within the text and in the Appendices The focused exercises and examples in Legal Writing and Other Lawyering Skills, Fifth Edition, simulate the tasks performed by lawyers in practice and reflect the authors' forward-looking, practice-based approach to teaching writing and lawyering skills to law students

Author : Richard K. Neumann
Publisher : Aspen Publishers
Page : 532 pages
File Size : 53,6 Mb
Release : 1998
Category : Droit
ISBN : STANFORD:36105062035485

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Legal Reasoning and Legal Writing by Richard K. Neumann Pdf

A revision of Neumann's very successful basic legal writing text, this edition continues to give a strong foundation in legal analysis and to writing while refining and further improving the text based on user's responses. The text focuses on constructing a proof of a conclusion of law and teaches format, style, and grammar alongside the reasoning skills. (Chapter 9, How to Organize Proof of a Conclusion of Law, Is widely regarded as the best explanation of this topic in any legal writing text). The goal is to help students learn how to make writing decisions based on the need to prove analysis. Of special interest are chapters on client interviewing and client letters, sample client letters, An updated citation/quotation chapter to reflect changes in the 16th Edition of the Blue Book, sections that show students how to convert their raw materials into an organized first draft, and explanations on the process of writing - in detail and in many contexts. Combining clear, readable text with effective sample documents and exercises, Neumann has succeeded in creating a sophisticated, yet accessible, text carefully crafted for beginning legal writers. Table of Contents Preface Acknowledgments PART I: INTRODUCTION TO LAW AND ITS STUDY 1: An Introduction to American Law 1.1 the Origin of Common Law 1.2 How American Courts Are Organized 1.3 an Overview of the Litigation Process 1.4 the Importance of Understanding Procedure 1.5 the Adversary System 2: Rule-Based Reasoning 2.1 the Inner Structure of a Rule 2.2 Organizing the Application of a Rule 2.3 Some Things to Be Careful About with Rules 2.4 Causes of Action and Affirmative Defenses 2.5 Where Rules Come From (Sources of Law) 3: An Introduction to Judicial Opinions 3.1 the Anatomy of an Opinion 3.2 the Interdependence Among Facts, Issues, and Rules 4: Briefing Cases 4.1 Introduction 4.2 How to Brief a Case PART II: INTRODUCTION TO LEGAL WRITING 5: The Art of Legal Writing 5.1 the Language as a Professional Tool 5.2 Your Writing and Your Career 5.3 Predictive Writing and Persuasive Writing 5.4 the Art Forms of Legal Writing 6: The Process of Writing 6.1 Writing in Four Stages 6.2 Analyzing 6.3 Organizing 6.4 the First Draft 6.5 Rewriting 6.6 Some General Advice about Writing PART III: OFFICE MEMORANDA 7: Office Memoranda 7.1 Office Memorandum Format 7.2 Writing an Office Memorandum 8: Initially Obtaining the Facts: Client Interviewing 8.1 Introduction 8.2 Lawyers and Clients 8.3 How to Interview 9:Predictive Writing 9.1 How to Predict 9.2 How to Test Your Writing for Predictiveness 10: How to Organize Proof of a Conclusion of Law 10.1 A Paradigm for Structuring Proof 10.2 Why Readers Prefer This Type of Organization 10.3 How to Vary the Paradigm to Suit Your Needs 10.4 How to Start Working with the Paradigm 10.5 How to Test Your Writing for Effective Organization 11: Selecting Authority 11.1 Introduction 11.2 the Hierarchy of Authority 11.3 How Courts Use Dicta 11.4 How Courts React to Foreign Precedent 11.5 How to Use Foreign Precedent and Other Nonmandatory Authority to Fill a Gap in Local Law 11.6 How to Select Nonmandatory Precedent 11.7 How to Work Effectively in the Library 12: Working with Precedent 12.1 Eight Skills for Working with Precedent 12.2 Formulating a Variety of Rules from the Same Precedent 12.3 Analogizing and Distinguishing 12.4 Eliciting Policy from Precedent 12.5 Synthesis and Reconciliation 12.6 Testing for Realism and Marketability 12.7 Pulling it All Together 13: Working with Statutes 13.1 Ten Tools of Statutory Interpretation 13.2 How to Pull Together Statutory Analysis (Before