Persuasive Written And Oral Advocacy In Trial And Appellate Courts

Author : Michael R. Fontham,Michael Vitiello
Publisher : Aspen Publishing
Page : 597 pages
File Size : 46,8 Mb
Release : 2018-09-06
Category : Law
ISBN : 9781543805413

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Persuasive Written and Oral Advocacy by Michael R. Fontham,Michael Vitiello Pdf

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 : Michael R. Fontham,Michael Vitiello,David W. Miller
Publisher : Aspen Publishers
Page : 460 pages
File Size : 52,7 Mb
Release : 2007
Category : Law
ISBN : 073556230X

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Persuasive Written and Oral Advocacy in Trial and Appellate Courts by Michael R. Fontham,Michael Vitiello,David W. Miller Pdf

This effective text offers in-depth and detailed coverage of appellate practice as well as trial court motions practice. Persuasive Written and Oral Advocacy: In Trial and Appellate Courts, Second Edition, guides the reader through the process of preparing forceful arguments iquest; finding the law, organizing the presentation, writing clearly and persuasively, and planning for oral argument. the strengths of this classroom-tested text include: 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 with an emphasis on the how important it is to consider of the judgeiquest;s time and perspective when preparing an argument liberal use of concrete examples based on a hypothetical case file throughout the book, along with extensive advice for editing accompanying Case File published each year -- designed to put in practice the principles advocated throughout the text, case files are sophisticated, realistic litigation problems and are designed to allow instructors a great deal of flexibility. Each case file is accompanied by its own Teacheriquest;s Manual detailed Teacheriquest;s Manual, including lectures, sample exercises, and sample syllabi Updated and fine tuned, The Second Edition includes: recent developments, including electronic filing and video conference oral arguments a streamlined Chapter Six (Preparing for Oral Argument) making the presentation more student-friendly new sections on harmless error and changes to Rule 32 And The status of unpublished opinions updated chapter on research to include developments in electronic research New design enhances the accessibility of the text

Author : Michael R. Fontham,Michael Vitiello
Publisher : Aspen Law & Business Publishers
Page : 180 pages
File Size : 50,7 Mb
Release : 2002
Category : Law
ISBN : 0735524513

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Persuasive Written and Oral Advocacy by Michael R. Fontham,Michael Vitiello Pdf

Author : David W. Miller,Michael Vitiello,Michael R. Fontham
Publisher : Wolters Kluwer Law & Business
Page : 226 pages
File Size : 47,6 Mb
Release : 2002
Category : Law
ISBN : STANFORD:36105063751296

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Practicing Persuasive Written and Oral Advocacy by David W. Miller,Michael Vitiello,Michael R. Fontham Pdf

Case File I incorporates issues of service of process and personal jurisdiction in a format designed to build written and oral advocacy skills through practice.

Author : Nancy Vaidik,Rebecca Diaz-Bonilla
Publisher : Aspen Publishing
Page : 316 pages
File Size : 42,5 Mb
Release : 2021-05-14
Category : Law
ISBN : 9781601569424

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Point Well Made by Nancy Vaidik,Rebecca Diaz-Bonilla Pdf

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 : Michael D. Murray,Christy Hallam DeSanctis
Publisher : Foundation Press
Page : 598 pages
File Size : 52,7 Mb
Release : 2009
Category : Law
ISBN : STANFORD:36105134451801

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Advanced Legal Writing and Oral Advocacy by Michael D. Murray,Christy Hallam DeSanctis Pdf

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.

Author : M. H. Sam Jacobson
Publisher : Unknown
Page : 181 pages
File Size : 50,8 Mb
Release : 2007-01
Category : Appellate procedure
ISBN : 0977274039

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Appellate Advocacy by M. H. Sam Jacobson Pdf

After providing an overview of the appellate process, this book explains how to draft an appellate brief and present an oral argument before a court of appeal. The overview discusses whether a person can appeal an adverse ruling of a lower court, including issues of scope of review, rights to appeal, and procedures on appeal. If a person can appeal, then an appellate brief must be filed with the reviewing court. This book describes the types of appellate briefs that a person can file, the parts to be included in an appellate brief, and how to properly develop and communicate legal arguments to persuade the court. After the appellate brief is filed, the appellate court may listen to an oral argument; the book describes the purpose and protocol of that oral argument. The book includes several sample appellate briefs that students can use for comparison.

Author : David W. Miller,Michael Vitiello,Michael R. Fontham
Publisher : Unknown
Page : 136 pages
File Size : 54,8 Mb
Release : 2003
Category : Legal briefs
ISBN : 0735536457

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Practicing Persuasive Written and Oral Advocacy by David W. Miller,Michael Vitiello,Michael R. Fontham Pdf

Author : David W. Miller,Michael Vitiello,Michael R. Fontham
Publisher : Wolters Kluwer Law & Business
Page : 164 pages
File Size : 42,6 Mb
Release : 2003
Category : Law
ISBN : 0735536449

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Practicing Persuasive Written and Oral Advocacy by David W. Miller,Michael Vitiello,Michael R. Fontham Pdf

This text will expose you to the many documents used in preparing for trial and appellate advocacy by providing a complete set of documents to supplement your persuasive legal writing, pre-trial practice, appellate advocacy, or moot court class. Case File II spotlights First Amendment and substantive tort issues that teach you how to argue legal and factual issues, extrapolate issues from the record, find evidentiary support for their position, and grapple with challenges of scope of review and harmless error. Practicing Persuasive Written and Oral Advocacy: Case File II demonstrates the link between the classroom and the courtroom: a simulated case, Coburn v. Martinez, is based on actual events and offers high human-interest valuedocuments are designed to achieve precise teaching objectives; they faithfully replicate reality, but improve upon itthe case file includes: a compliant, defensive motions with supporting and opposing declaration, depositions, and a detailed record-on-appeal transcriptexercises may contain one or more memoranda and oral arguments before the trial courts, as well as briefs and oral arguments before an appellate courts

Author : Ruth Anne Robbins,Steve Johansen,Ken Chestek
Publisher : Aspen Publishing
Page : 469 pages
File Size : 48,6 Mb
Release : 2018-11-06
Category : Law
ISBN : 9781543805406

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Your Client's Story by Ruth Anne Robbins,Steve Johansen,Ken Chestek Pdf

Your Client’s Story: Persuasive Legal Writing centers on the foundations of advocating for a client, with a focus on ways to persuade the reader to grant the relief each client seeks. That sets it apart from other legal writing textbooks, which mainly organize around parts of an appellate brief. Organized to reflect the client-advocacy process that results in written documents, the text begins with meeting the client, moves to investigating the facts, and then provides guidance on analyzing and choosing the appropriate persuasive strategy. The material is rooted in concepts of narrative theory, brain science, and cognitive psychology. The book is written in an easy-to-read, conversational style to guide students through an explanation that classical rhetoric and modern persuasion theory provide the foundation for memorable legal writing. Coverage includes both the trial and appellate levels. By focusing on the process of persuasion, Your Client’s Story: Persuasive Legal Writing creates strong connections between the first-year objectives and the upper-level skills, externship, and clinic courses. Editable versions of the sample briefs appear in the appendices so that professors can tailor them to individual needs. New to the Second Edition: A new chapter on logical fallacies, unique among legal coursebooks, categorizing and describing 16 common logical fallacies, providing examples and guidance on how to spot and avoid them A new chapter on reasoning with facts (inferential reasoning), covering fact synthesis, weight of facts, and drawing negative inferences from the absence of critical facts Expanded coverage of how to write a powerful conclusion to your brief Professors and students will benefit from: This book focuses on the question, “How can the lawyer persuade the audience through legal writing?” rather than “What does a brief look like?” This book puts the facts first. It is the only text on the market to devote several chapters to factual research, fact synthesis, and reasoning with facts. The client-centered focus makes this textbook unique in the legal writing market. By learning how to effectively tell “Your Client’s Story,” this book helps students stay grounded in client-based advocacy. The book includes more extensive coverage of visual design than competing books, including a discussion of visualized legal reasoning. The authors have individually and collective written germinal legal scholarship about legal narrative and legal document design. The authors are all prior presidents of the Legal Writing Institute. One of them is the co-editor-in-chief of the legal journal devoted to publishing persuasive-writing articles for practicing attorneys.

Author : Bryan A. Garner
Publisher : West Academic Publishing
Page : 292 pages
File Size : 55,8 Mb
Release : 2009
Category : Forensic oratory
ISBN : IND:30000128376807

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The Winning Oral Argument by Bryan A. Garner Pdf

Softbound - New, softbound print book.

Author : Edward Domenic Re
Publisher : Unknown
Page : 0 pages
File Size : 40,9 Mb
Release : 1974
Category : Forensic oratory
ISBN : OCLC:468578045

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Brief Writing and Oral Argument by Edward Domenic Re Pdf

Author : Robert Barr Smith
Publisher : Vandeplas Pub.
Page : 208 pages
File Size : 54,7 Mb
Release : 2009
Category : Law
ISBN : STANFORD:36105134479372

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The Literate Lawyer by Robert Barr Smith Pdf

Not long ago, an appellate court fined a lawyer for filing an "incomprehensible brief." That negligence hurt the lawyer's wallet and reputation, but his carelessness hurt his client's case even more. Today, most of our law depends on the written word. A single error can tarnish the writer's image in the eyes of the court and make his or her writing less persuasive. In the end, the client suffers. Even the simplest error reduces the effectiveness of any brief or pleading. Spellcheck won't cure every ill; neither will a loyal and efficient secretary. This little book is dedicated to real legal writing, terse, persuasive, and accurate. It not only teaches brevity, clarity and power in writing, but lists the common pitfalls that infest so much legal writing and destroy the lawyer's meaning and the client's life. It includes tables of commonly misspelled and misused words and commonly confused prepositions. It lays out guidelines for persuasive brief-writing, deals with the letters lawyers regularly write - and some they shouldn't - with office memoranda, and with the basic rules of punchy, persuasive oral argument. It addresses the rules of grammar; the violations of those rules that instantly mark the writer as illiterate at best, and can destroy any amount of clever reasoning and knowledge of the law. It gives examples of how to write effectively . . . and some horrors that good lawyers must avoid. Most important, The Literate Lawyer shows the road to simple, common-sense persuasion, powerful, solid writing that makes the lawyer's point with strength and clarity. And wins cases. About the author: Robert Barr Smith is a Professor at the University of Oklahoma Law Center. He earned a BA in History and a Doctor of Laws from Stanford, and is a member of both the Oklahoma and California Bars. He came to the Law Center in 1982, after retiring from the United States Army as a Colonel. He designed the Law Center's writing, oral advocacy and research class, taught and directed it for fifteen years, served six years as Associate Dean for Academics, and taught trial and appellate advocacy, advanced brief writing, and paralegal writing courses.

Author : Tessa L. Dysart,Leslie H. Southwick,Ruggero J. Aldisert
Publisher : Aspen Publishing
Page : 532 pages
File Size : 43,8 Mb
Release : 2017-08-15
Category : Law
ISBN : 9781601567253

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Winning on Appeal by Tessa L. Dysart,Leslie H. Southwick,Ruggero J. Aldisert Pdf

When the late Ruggero J. Aldisert wrote Winning on Appeal in 1992, it became an instant classic in law school classrooms and appellate law practices across the country. To celebrate the twenty-fifth anniversary of the book’s release, Tessa L. Dysart and Leslie H. Southwick carry on the Aldisert tradition of revealing the "nuts and bolts" of how to prepare an effective brief with the nuanced art of a delivering a persuasive appeal to the court. Their meticulously rendered update is replete with dozens of interviews with leading appeals judges and practitioners—treasured guidance from a bona fide who’s who of appellate advocacy in America—and escorts readers into the “wired” courtroom of the twenty-first century, where they explore the benefits and challenges of melding technology with appellate advocacy. With a Foreword penned by U.S. Supreme Court Associate Justice Samuel A. Alito, Jr., Winning on Appeal conveys the perfect blueprint for any lawyer who wants to win on appeal. Reviews "I argued before Judge Aldisert as a young attorney, and I learned from the experience of trying to hold my own in front of the former Marine. I will certainly never forget those occasions. Arguing before Judge Aldisert was the best (and therefore the most demanding) Socratic experience imaginable. Woe to the lawyer who was unprepared or, worse yet, tried to pull something on the court! But to paraphrase that famous Sinatra song, if you could make it arguing in front of Judge Aldisert, you could make it anywhere. I am very pleased that Rugi’s teaching will live on after him in this new edition of Winning on Appeal. For new appellate advocates, this volume should be required reading. I wish that it had been available when I argued my first case. For more experienced attorneys, the book contains advanced tips and reminders that may serve as a corrective against the bad habits that are easy to acquire. For any attorney who wants to know how to win on appeal, this is where to look." — Samuel A. Alito, Jr., Associate Justice, U.S. Supreme Court

Author : Mary Beth Beazley
Publisher : Aspen Publishing
Page : 420 pages
File Size : 48,6 Mb
Release : 2022-09-15
Category : Law
ISBN : 9781543846775

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A Practical Guide to Appellate Advocacy by Mary Beth Beazley Pdf

The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The original process-based text for teaching students how to write a brief, A Practical Guide to Appellate Advocacy illuminates each step with clear, specific guidance and annotated examples of both good and bad writing that illustrate how it’s done. A Practical Guide to Appellate Advocacyis the original process-based persuasive writing text. With her trademark specificity and clarity, author Mary Beth Beazley explains each step in the process of writing a legal brief, using annotated good and bad examples that illustrate how it’s done. Recognizing the needs of neophyte legal writers, the text offers formulas such as CREAC that students can use to write sound arguments, effective case descriptions, and thesis sentences. In addition, Chapter 4, “Facing the Blank Page”, offers solutions for addressing procrastination; Chapter 14 provides thorough coverage to prepare students for Moot Court Competitions, with helpful advice for communicating productively with teachers, mentors, and moot court coaches. Now a Connected eBook, A Practical Guide to Appellate Advocacyoffers a host of supportive resources and materials on CasebookConnect, such as sample briefs and motions, guidance on brief writing style and citation, and reference material for court rules and related sources. New to the Sixth Edition: Updated to reflect changes in law school and practice in response to the COVID pandemic, with detailed guidance on how to participate in online oral arguments Streamlined to ensure that the text remains succinct and timely through successive editions Recall and Review self-assessment questions at the end of each chapter Professors and students will benefit from: Annotated examples of both good and bad legal writing End-of-chapter summaries and Recall and Review questions Balanced coverage of legal reasoning, rhetoric, and skills Generous fund of resources on CC, including additional sample documents, exercises, and other pedagogical materials Four-part process for writing a brief: 1) prewriting (research, analysis, outline); 2) writing (first draft); 3) revising (second draft); 4) polishing (final draft) Uses humor and interesting examples to engage and teach, for example… Uses “phrase-that-pays” instead of “key terms” to remind students to focus on the specific language in controversy when they analyze legal rules Uses "Six Degrees of Kevin Bacon" to explain how to make connections between the various points in their arguments.