The Five Types Of Legal Argument

Author : Wilson Ray Huhn
Publisher : Unknown
Page : 232 pages
File Size : 55,6 Mb
Release : 2002
Category : Judicial process
ISBN : STANFORD:36105063192855

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The Five Types of Legal Argument by Wilson Ray Huhn Pdf

Organized simply and logically, The Five Types of Legal Argument shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy). It also describes how to weave the arguments together to make them more persuasive and how to attack legal arguments.In this book, Huhn demonstrates exactly why the legal reasoning in a case is difficult to analyze. Each type of legal argument has a different structure and draws upon different evidence of what the law is. Thus this book does not merely introduce readers to law and legal reasoning, but shows how the five different legal arguments are constructed so that various strategies can be developed for attacking each one.

Author : James A. Gardner
Publisher : LexisNexis/Matthew Bender
Page : 196 pages
File Size : 52,9 Mb
Release : 2007
Category : Communication in law
ISBN : STANFORD:36105064228427

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Legal Argument by James A. Gardner Pdf

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.

Author : Douglas Walton
Publisher : Penn State Press
Page : 400 pages
File Size : 45,5 Mb
Release : 2010-11-01
Category : Law
ISBN : 0271048336

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Legal Argumentation and Evidence by Douglas Walton Pdf

A leading expert in informal logic, Douglas Walton turns his attention in this new book to how reasoning operates in trials and other legal contexts, with special emphasis on the law of evidence. The new model he develops, drawing on methods of argumentation theory that are gaining wide acceptance in computing fields like artificial intelligence, can be used to identify, analyze, and evaluate specific types of legal argument. In contrast with approaches that rely on deductive and inductive logic and rule out many common types of argument as fallacious, Walton&’s aim is to provide a more expansive view of what can be considered &"reasonable&" in legal argument when it is construed as a dynamic, rule-governed, and goal-directed conversation. This dialogical model gives new meaning to the key notions of relevance and probative weight, with the latter analyzed in terms of pragmatic criteria for what constitutes plausible evidence rather than truth.

Author : Ruggero J. Aldisert
Publisher : Unknown
Page : 308 pages
File Size : 44,9 Mb
Release : 1997
Category : Law
ISBN : STANFORD:36105062256768

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Logic for Lawyers by Ruggero J. Aldisert Pdf

Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 50,8 Mb
Release : 2007
Category : Law
ISBN : 1590318730

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Model Rules of Professional Conduct by American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association) Pdf

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author : Giorgio Bongiovanni,Gerald Postema,Antonino Rotolo,Giovanni Sartor,Chiara Valentini,Douglas Walton
Publisher : Springer
Page : 764 pages
File Size : 45,5 Mb
Release : 2018-07-02
Category : Philosophy
ISBN : 9789048194520

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Handbook of Legal Reasoning and Argumentation by Giorgio Bongiovanni,Gerald Postema,Antonino Rotolo,Giovanni Sartor,Chiara Valentini,Douglas Walton Pdf

This handbook addresses legal reasoning and argumentation from a logical, philosophical and legal perspective. The main forms of legal reasoning and argumentation are covered in an exhaustive and critical fashion, and are analysed in connection with more general types (and problems) of reasoning. Accordingly, the subject matter of the handbook divides in three parts. The first one introduces and discusses the basic concepts of practical reasoning. The second one discusses the general structures and procedures of reasoning and argumentation that are relevant to legal discourse. The third one looks at their instantiations and developments of these aspects of argumentation as they are put to work in the law, in different areas and applications of legal reasoning.

Author : Fernando Atria,Fernando Atria Lemaître
Publisher : Hart Publishing
Page : 264 pages
File Size : 53,7 Mb
Release : 2001
Category : Law
ISBN : STANFORD:36105060684714

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On Law and Legal Reasoning by Fernando Atria,Fernando Atria Lemaître Pdf

This book seeks to examine the relations that obtain between law and a theory of law and legal reasoning and a theory of legal reasoning.

Author : Bruce Dennis Sales,Daniel A. Krauss
Publisher : Law and Public Policy: Psychol
Page : 0 pages
File Size : 48,7 Mb
Release : 2015
Category : Law
ISBN : 1433819368

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The Psychology of Law by Bruce Dennis Sales,Daniel A. Krauss Pdf

Much legal research undertaken by psychologists has had a minimal impact upon law and public policy in the United States. This book diagnoses and offers a blueprint for correcting this fundamental problem.

Author : Wilson Ray Huhn
Publisher : Unknown
Page : 224 pages
File Size : 51,6 Mb
Release : 2002
Category : Judicial process
ISBN : UCAL:B5121738

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The Five Types of Legal Argument by Wilson Ray Huhn Pdf

Organized simply and logically, The Five Types of Legal Argument shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy). It also describes how to weave the arguments together to make them more persuasive and how to attack legal arguments.In this book, Huhn demonstrates exactly why the legal reasoning in a case is difficult to analyze. Each type of legal argument has a different structure and draws upon different evidence of what the law is. Thus this book does not merely introduce readers to law and legal reasoning, but shows how the five different legal arguments are constructed so that various strategies can be developed for attacking each one.

Author : Michael Burton
Publisher : Xpl Pub
Page : 600 pages
File Size : 43,5 Mb
Release : 2011-12-01
Category : Law
ISBN : 1858113792

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Civil Appeals by Michael Burton Pdf

Any practitioner faced with the decision as to whether to appeal, or who has questions arising at each stage, will benefit enormously from a book that examines the law, principles, procedures, and processes involved. This leading work has been updated and restructured, to ensure it provides guidance on the complete and complex process of making a civil appeal. Clearly written and cross referenced, the books UK/European coverage of appeals includes: -- District Judges to Circuit Judges in the County Court -- Masters and District Judges to High Court Judges -- Court of Appeal -- House of Lords -- Privy Council -- The European Court -- The European Court of Human Rights -- Administrative Law and Elections

Author : Kitty Calavita
Publisher : University of Chicago Press
Page : 245 pages
File Size : 55,8 Mb
Release : 2016-04-11
Category : Social Science
ISBN : 9780226296616

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Invitation to Law & Society by Kitty Calavita Pdf

Research and real-life examples that “lucidly connect some of the divisive social issues confronting us today to that thing we call ‘the law’” (Law and Politics Book Review). Law and society is a rapidly growing field that turns the conventional view of law as mythical abstraction on its head. Kitty Calavita brilliantly brings to life the ways in which law is found not only in statutes and courtrooms but in our institutions and interactions, while inviting readers into conversations that introduce the field’s dominant themes and most lively disagreements. Deftly interweaving scholarship with familiar examples, Calavita shows how scholars in the discipline are collectively engaged in a subversive exposé of law’s public mythology. While surveying prominent issues and distinctive approaches to both law as it is written and actual legal practices, as well as the law’s potential as a tool for social change, this volume provides a view of law that is more real but just as compelling as its mythic counterpart. With this second edition of Invitation to Law and Society, Calavita brings up to date what is arguably the leading introduction to this exciting, evolving field of inquiry and adds a new chapter on the growing law and cultural studies movement. “Entertaining and conversational.” —Law and Social Inquiry

Author : Margaret Elizabeth McCallum,Christina L. Kunz,Deborah A. Schmedemann
Publisher : CCH Canadian Limited
Page : 394 pages
File Size : 41,6 Mb
Release : 2003
Category : Law
ISBN : 1553671430

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Synthesis by Margaret Elizabeth McCallum,Christina L. Kunz,Deborah A. Schmedemann Pdf

Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 53,7 Mb
Release : 1926
Category : Electronic
ISBN : OCLC:1127151816

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Introduction to the Study of Law by Anonim Pdf

Author : Patrick Keyzer
Publisher : Unknown
Page : 0 pages
File Size : 44,6 Mb
Release : 2003
Category : Law
ISBN : 0409312401

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Legal Problem Solving by Patrick Keyzer Pdf

Provides guidance for undergraduate law students in the problem solving method. The method adopted follows the five steps practitioners use when preparing an advice. Problems drawn from a wide variety of subject areas including contract, torts, criminal, constitutional and administrative law are posed and analysed.

Author : Hugh Jones,Christopher Benson
Publisher : Routledge
Page : 449 pages
File Size : 43,9 Mb
Release : 2016-03-22
Category : Language Arts & Disciplines
ISBN : 9781317570974

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Publishing Law by Hugh Jones,Christopher Benson Pdf

Publishing Law is an authoritative and engaging guide to a wide range of legal issues affecting publishing today. Hugh Jones and Christopher Benson present readers with clear and accessible guidance to the complex legal areas specific to the ever evolving world of contemporary publishing, including copyright, moral rights, contracts and licensing, privacy, confidentiality, defamation, infringement and trademarks, with analysis of legal issues relating to sales, advertising, marketing, distribution and competition. This new fifth edition presents updated coverage of the key principles of copyright , as well as new copyright exceptions, licensing and open access. There is also further in-depth coverage of the legal issues around the sale of digital content. Key features of the fifth edition include: updated coverage of EU and UK copyright, including a new chapter on copyright exceptions following the significant changes in the 2014 Regulations Comprehensive coverage of publishing contracts with authors, as well as with other providers, including translators, contributors and contracts for subsidiary rights up to date coverage of the Defamation Act 2013, and other changes to EU and UK legislation exploration of the legal issues relating to digital publishing, including eBook and other electronic agreements, data protection and online issues in relation to privacy, and copyright infringement a range of summary checklists on key issues, ranging from copyright ownership to promotion and data protection useful appendices offering an A to Z glossary of legal terms and lists of useful address and further reading.