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"This unique book offers a practical guide to deconstructing judgments for the purpose of fair criticism and appeal. It shows how judgments are written and examines the style and language of judges expressing judicial opinion. The work is founded upon independent research in the form of interviews conducted with judges at every level from deputy district judge to Lords of Appeal in ordinary, and the practical application of existing academic material more usually devoted to the structure and analysis of wider prose writing. It is illustrated by reference to reported judgments, both well-known and obscure, of the past 100 years. It will assist both experienced practitioners, newly appointed recorders and tribunal chairman, and vocational students alike.Contents include: The nature of judgment, How to read a judgment, The use of language in judicial opinion, Argument and legal logic, Fair criticism, Writing judgments, How judges decide, The appellate judgment, Problems with law reporting
Reading, Writing and Analysing Judgments by Andrew Goodman Pdf
This unique book offers a practical guide to deconstructing judgments for the purpose of fair criticism and appeal. It shows how judgments are written and examines the style and language of judges expressing judicial opinion. The work is founded upon independent research in the form of interviews conducted with judges at every level from deputy district judge to Lords of Appeal in ordinary, and the practical application of existing academic material more usually devoted to the structure and analysis of wider prose writing. It is illustrated by reference to reported judgments, both well-known and obscure, of the past 100 years. Contents include: . The nature of judgment . How to read a judgment . The use of language in judicial opinion . Argument and legal logic . Fair criticism . Writing judgments . How judges decide . The appellate judgment . Problems with law reporting . Judicial style It will assist vocational and research students alike - as well as fascinate those interested more general in the law and judicial process.
Universals of Legal Reasoning by Judges by Thomas Lundmark Pdf
How do judges influence the development of law in Germany and should their behaviour set a precedent for others to follow? This book explores whether or not German judicial methods should serve as a model for the development of European law, both by the European courts and by the courts of other European member states.
ADJOURNMENTS: A CAUSE FOR DELAY IN ADMINISTRATION OF JUSTICE by Dr. Suhasrao Shripatrao Jagatap Pdf
In today's day to day life common citizens are facing many problems. The law evaders and law breakers are stronger than the common persons. It is said the law breakers are more united than the common persons. The persons who are law breakers use to see the loopholes in legal provisions and take advantage of the same. The true victim suffers lot due to such persons. The advocates play important role as they are actual persons who bring litigations to the Court, of course at the instance of their clients.
Reading and Writing for Civic Literacy by Donald Lazere Pdf
This brief edition of a groundbreaking textbook addresses the need for college students to develop critical reading, writing, and thinking skills for self-defense in the contentious arena of American civic rhetoric. Designed for first-year or more advanced composition and critical thinking courses, it is one-third shorter than the original edition, more affordable for students, and easier for teachers to cover in a semester or quarter. It incorporates up-to-date new readings and analysis of controversies like the growing inequality of wealth in America and the debates in the 2008 presidential campaign, expressed in opposing viewpoints from the political left and right. Exercises help students understand the ideological positions and rhetorical patterns that underlie such opposing views. Widely debated issues of whether objectivity is possible and whether there is a liberal or conservative bias in news and entertainment media, as well as in education itself, are foregrounded as topics for rhetorical analysis.
Comparative Legal Linguistics by Heikki E.S. Mattila Pdf
This book examines legal language as a language for special purposes, evaluating the functions and characteristics of legal language and the terminology of law. Using examples drawn from major and lesser legal languages, it examines the major legal languages themselves, beginning with Latin through German, French, Spanish and English. This second edition has been fully revised, updated and enlarged. A new chapter on legal Spanish takes into account the increasing importance of the language, and a new section explores the use (in legal circles) of the two variants of the Norwegian language. All chapters have been thoroughly updated and include more detailed footnote referencing. The work will be a valuable resource for students, researchers, and practitioners in the areas of legal history and theory, comparative law, semiotics, and linguistics. It will also be of interest to legal translators and terminologists.
Preliminary Injunctions: Germany, England/Wales, Italy and France by Torsten Frank Koschinka,Piero Leanza Pdf
Every legal system, at the outset of court proceedings, has rules aimed at safeguarding parties' interests during the time needed to obtain a judgment on the merits. However, as the European Commission put the case in a 1997 communication, 'a comparative survey of national legislation reveals that there are virtually no definitions of provisional/protective measures and that the legal situations vary widely. The only convergence that can be ascertained is between the function of such measures.' Recognizing that after almost twenty years the issues noted by the Commission have not found a satisfactory solution, here at last is a book that collects and compares the ideas behind the 'preliminary injunction' (an expression the authors use as a general term for a great variety of provisional and precautionary measures) with an eye to defining and organizing this small but very important aspect of the law. Although the analysis touches on relevant measures from many countries, the authors focus on the national legislation in four EU Member States – England, France, Germany, and Italy – to highlight the nature of the differences these kinds of measures entail. They compare and contrast such aspects as the following: – differences in civil procedure; - the types of measures that may be taken; - the terms on which preliminary injunctions, which are normally directly enforceable, may be ordered by a court; - the kind of assets that may be affected; - the relationship between proceedings in an interlocutory action and proceedings on the substance; - necessity of credible evidence that immediate and irreparable injury, loss, or damage will result if no preliminary injunction is granted; and - the role of protective measures in summary proceedings. The study also describes and examines the recent European order for payment (EC Regulation No. 1896/2006), the most significant existing transnational instrument aimed at granting preliminary protection of creditors' rights. This incomparable book represents a major contribution to a growing debate, particularly in Europe, on ways and means of securing equivalent protection for all litigants. Given the variety of legal systems and of measures available, the debate will have to focus on the functions served by provisional/protective measures, the minimum conditions to be satisfied, the adversary procedure requirement, the enforceability of the measures, and possible redress procedures. There is no more thorough and reliable resource available to clarify these issues for practitioners and interested policymakers everywhere.
Author : Christopher Williams Publisher : Taylor & Francis Page : 133 pages File Size : 52,9 Mb Release : 2022-08-23 Category : Language Arts & Disciplines ISBN : 9781000620481
The Impact of Plain Language on Legal English in the United Kingdom by Christopher Williams Pdf
This volume offers insights into the ways in which plain language has influenced the language of the law in the United Kingdom, critically reflecting on its historical development and future directions. The book opens with an overview of the theoretical frameworks underpinning plain language and a brief history of plain language initiatives as a foundation from which to outline ongoing debates on the opportunities and challenges of using plain language in the legal domain. The volume details strands where plain language has had considerable impact thus far on legal English in the UK, notably in legislative drafting, but it also explores areas in which plain language has made fewer inroads, such as the language of court judgments and that of online terms and conditions. The book looks ahead to unpack highly topical areas within the plain language debate, including the question of design and visualisation and the ramifications of digitalisation, contributing to ongoing conversations on the importance of plain language both in the UK and beyond. This book will be of particular interest to students and scholars interested in the intersection of language and the law as well as related disciplinary areas such as applied linguistics and English for Specific Purposes.
NEW YORK TIMES BESTSELLER The guru to the gurus at last shares his knowledge with the rest of us. Nobel laureate Daniel Kahneman's seminal studies in behavioral psychology, behavioral economics, and happiness studies have influenced numerous other authors, including Steven Pinker and Malcolm Gladwell. In Thinking, Fast and Slow, Kahneman at last offers his own, first book for the general public. It is a lucid and enlightening summary of his life's work. It will change the way you think about thinking. Two systems drive the way we think and make choices, Kahneman explains: System One is fast, intuitive, and emotional; System Two is slower, more deliberative, and more logical. Examining how both systems function within the mind, Kahneman exposes the extraordinary capabilities as well as the biases of fast thinking and the pervasive influence of intuitive impressions on our thoughts and our choices. Engaging the reader in a lively conversation about how we think, he shows where we can trust our intuitions and how we can tap into the benefits of slow thinking, contrasting the two-system view of the mind with the standard model of the rational economic agent. Kahneman's singularly influential work has transformed cognitive psychology and launched the new fields of behavioral economics and happiness studies. In this path-breaking book, Kahneman shows how the mind works, and offers practical and enlightening insights into how choices are made in both our business and personal lives--and how we can guard against the mental glitches that often get us into trouble.
Contemporary Second Language Assessment by Jayanti Veronique Banerjee,Dina Tsagari Pdf
Includes chapters on key aspects of second language assessment such as test construct, diagnosis, exam design, and the growing range of public policy, social and ethical issues. Each of the contributors is an expert in their area; some are established names while others are talented newcomers to the field. The chapters present new research or perspectives on traditional concerns such as test quality; fairness and bias; the testing of different language skills; the needs of different groups of examinees, including English language learners who need to take content tests in English; and the use of language assessments for gate-keeping purposes. The volume demonstrates how language assessment is informed by and engages with neighbouring areas of applied linguistics such as technology and language corpora. The book represents the best of current practice in second language assessment and, as a one volume reference, will be invaluable to students and researchers looking for material that extends their understanding of the field.
Connecting Disciplinary Literacy and Digital Storytelling in K-12 Education by Haas, Leslie,Tussey, Jill Pdf
The idea of storytelling goes beyond the borders of language, culture, or traditional education, and has historically been a tie that bonds families, communities, and nations. Digital storytelling offers opportunities for authentic academic and non-academic literacy learning across a multitude of genres. It is easily accessible to most members of society and has the potential to transform the boundaries of traditional education. As concepts around traditional literacy education evolve and become more culturally and linguistically relevant and responsive, the connections between digital storytelling and disciplinary literacy warrant considered exploration. Connecting Disciplinary Literacy and Digital Storytelling in K-12 Education develops a conceptual framework around pedagogical connections to digital storytelling within K-12 disciplinary literacy practices. This essential reference book supports student success through the integration of digital storytelling across content areas and grade levels. Covering topics that include immersive storytelling, multiliteracies, social justice, and pedagogical storytelling, it is intended for stakeholders interested in innovative K-12 disciplinary literacy skill development, research, and practices including but not limited to curriculum directors, education faculty, educational researchers, instructional facilitators, literacy professionals, teachers, pre-service teachers, professional development coordinators, teacher preparation programs, and students.
