The Winning Brief 100 Tips For Persuasive Briefing In Trial And Appellate Courts

Author : Bryan A. Garner
Publisher : Oxford University Press
Page : 534 pages
File Size : 55,6 Mb
Release : 2004-02-13
Category : Law
ISBN : 9780199826629

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The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts by Bryan A. Garner Pdf

Good legal writing wins court cases. It its first edition, The Winning Brief proved that the key to writing well is understanding the judicial readership. Now, in a revised and updated version of this modern classic, Bryan A. Garner explains the art of effective writing in 100 concise, practical, and easy-to-use sections. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present. In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he warns-and demonstrates how to do just that. Beginning each tip with a set of quotable quotes from experts, he then gives masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words ("Strike pursuant to from your vocabulary."), quoting authority, citing sources, and designing a document that looks as impressive as it reads. Throughout, he shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. Filled with examples of good and bad writing from actual briefs filed in courts of all types, The Winning Brief also covers the new appellate rules for preparing federal briefs. Constantly collecting material from his seminars and polling judges for their preferences, the second edition delivers the same solid guidelines with even more supporting evidence. Including for the first time sections on the ever-changing rules of acceptable legal writing, Garner's new edition keeps even the most seasoned lawyers on their toes and writing briefs that win cases. An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf--it should be open on your desk.

Author : Antonin Scalia,Bryan A. Garner
Publisher : West Publishing Company
Page : 0 pages
File Size : 41,9 Mb
Release : 2008
Category : Appellate procedure
ISBN : 0314184716

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Making Your Case by Antonin Scalia,Bryan A. Garner Pdf

In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.

Author : Ross Guberman
Publisher : Oxford University Press
Page : 338 pages
File Size : 50,6 Mb
Release : 2014-03-06
Category : Law
ISBN : 9780199967971

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Point Made by Ross Guberman Pdf

With Point Made, legal writing expert, Ross Guberman, throws a life preserver to attorneys, who are under more pressure than ever to produce compelling prose. What is the strongest opening for a motion or brief? How to draft winning headings? How to tell a persuasive story when the record is dry and dense? The answers are "more science than art," says Guberman, who has analyzed stellar arguments by distinguished attorneys to develop step-by-step instructions for achieving the results you want. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers, including Barack Obama, John Roberts, Elena Kagan, Ted Olson, and David Boies. Their strategies, demystified and broken down into specific, learnable techniques, become a detailed writing guide full of practical models. In FCC v. Fox, for example, Kathleen Sullivan conjures the potentially dangerous, unintended consequences of finding for the other side (the "Why Should I Care?" technique). Arguing against allowing the FCC to continue fining broadcasters that let the "F-word" slip out, she highlights the chilling effect these fines have on America's radio and TV stations, "discouraging live programming altogether, with attendant loss to valuable and vibrant programming that has long been part of American culture." Each chapter of Point Made focuses on a typically tough challenge, providing a strategic roadmap and practical tips along with annotated examples of how prominent attorneys have resolved that challenge in varied trial and appellate briefs. Short examples and explanations with engaging titles--"Brass Tacks," "Talk to Yourself," "Russian Doll"--deliver weighty materials with a light tone, making the guidelines easy to remember and apply. In addition to all-new examples from the original 50 advocates, this Second Edition introduces eight new superstar lawyers from Solicitor General Don Verrilli, Deanne Maynard, Larry Robbins, and Lisa Blatt to Joshua Rosencranz, Texas Senator Ted Cruz, Judy Clarke, and Sri Srinvasan, now a D.C. Circuit Judge. Ross Guberman also provides provocative new examples from the Affordable Care Act wars, the same-sex marriage fight, and many other recent high-profile cases. Considerably more commentary on the examples is included, along with dozens of style and grammar tips interspersed throughout. Also, for those who seek to improve their advocacy skills and for those who simply need a step-by-step guide to making a good brief better, the book concludes with an all-new set of 50 writing challenges corresponding to the 50 techniques.

Author : Frederick Bernays Wiener
Publisher : Unknown
Page : 0 pages
File Size : 45,9 Mb
Release : 1967
Category : Electronic
ISBN : OCLC:1405012126

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Briefing and Arguing Federal Appeals by Frederick Bernays Wiener Pdf

Author : Bryan A. Garner
Publisher : American Bar Association
Page : 884 pages
File Size : 54,5 Mb
Release : 2009
Category : Law
ISBN : 1604424451

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Garner on Language and Writing by Bryan A. Garner Pdf

Since the 1987 appearance of A Dictionary of Modern Legal Usage, Bryan A. Garner has proved to be a versatile and prolific writer on legal-linguistic subjects. This collection of his essays shows both profound scholarship and sharp wit. The essays cover subjects as wide-ranging as learning to write, style, persuasion, contractual and legislative drafting, grammar, lexicography, writing in law school, writing in law practice, judicial writing, and all the literature relating to these diverse subjects.

Author : Brian Johnson,Marsha Hunter
Publisher : Crown King Books
Page : 248 pages
File Size : 50,7 Mb
Release : 2016-03-01
Category : Law
ISBN : 9781939506047

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Articulate Advocate by Brian Johnson,Marsha Hunter Pdf

An advocate may know what to say but is only effective when he or she knows how to be persuasive. Combining fact with know-how to persuade judges, juries, and arbitrator, the book teaches immediately useful techniques such as how to channel the initial adrenaline buzz, grab and hold the fact finder's attention, gesture while speaking, speaking in phrases, and polishing the persuasive style. Based on 25 years of experience from coaching practitioners, this guide integrates cutting edge discoveries in human factors, gesture studies, linguistics, neuroscience, and sports psychology to give litigators a competitive edge. This brand new edition includes all new illustrations and new information on motions, arbitrations, and appeals.

Author : Matthew Butterick
Publisher : Unknown
Page : 0 pages
File Size : 47,8 Mb
Release : 2015
Category : Desktop publishing
ISBN : 159839262X

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Typography for Lawyers by Matthew Butterick Pdf

"Originally released to great acclaim in 2010, Typography for Lawyers was the first guide to the essentials of typography aimed specifically at lawyers. Author Matthew Butterick, an attorney and Harvard-trained typographer, dispelled the myth that legal documents are incompatible with excellent typography. Butterick explained how to get professional results with the tools you already have quickly and easily. Revised and updated & the second edition includes: new topics such as email, footnotes, alternate figures, and OpenType features; avice for presentations, contracts, grids of numbers, and court opinions; technical tips covering the newest versions of Word and WordPerfect for Windows and OS X; new font recommendations, including two that are free; new essays on the font copyrights, screen-reading considerations, and typographic disputes that have reached the courts; a refreshed layout, featuring type features designed by the author."--from Amazon.com website.

Author : Antonin Scalia,Bryan A. Garner
Publisher : West Publishing Company
Page : 0 pages
File Size : 52,8 Mb
Release : 2012
Category : Judicial process
ISBN : 031427555X

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Reading Law by Antonin Scalia,Bryan A. Garner Pdf

In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is textualism? Why is strict construction a bad thing? What is the true doctrine of originalism? And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

Author : Bryan A. Garner
Publisher : University of Chicago Press
Page : 285 pages
File Size : 45,7 Mb
Release : 2013-08-26
Category : Law
ISBN : 9780226031392

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Legal Writing in Plain English by Bryan A. Garner Pdf

“This easy-to-follow guide is useful both as a general course of instruction and as a targeted aid in solving particular legal writing problems.” —Harvard Law Review Clear, concise, down-to-earth, and powerful—all too often, legal writing embodies none of these qualities. Its reputation for obscurity and needless legalese is widespread. For more than twenty years, Bryan A. Garner’s Legal Writing in Plain English has helped address this problem by providing lawyers, judges, paralegals, law students, and legal scholars with sound advice and practical tools for improving their written work. The leading guide to clear writing in the field, this indispensable volume encourages legal writers to challenge conventions and offers valuable insights into the writing process that will appeal to other professionals: how to organize ideas, create and refine prose, and improve editing skills. Accessible and witty, Legal Writing in Plain English draws on real-life writing samples that Garner has gathered through decades of teaching. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting, and the book’s principles are reinforced by sets of basic, intermediate, and advanced exercises in each section. In this new edition, Garner preserves the successful structure of the original while adjusting the content to make it even more classroom-friendly. He includes case examples from the past decade and addresses the widespread use of legal documents in electronic formats. His book remains the standard guide for producing the jargon-free language that clients demand and courts reward. “Those who are willing to approach the book systematically and to complete the exercises will see dramatic improvements in their writing.” —Law Library Journal

Author : Bryan A. Garner
Publisher : Oxford University Press, USA
Page : 0 pages
File Size : 44,9 Mb
Release : 2002
Category : Business & Economics
ISBN : 0195141628

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The Elements of Legal Style by Bryan A. Garner Pdf

Focusing on the argumentative, narrative, and descriptive style found in legal briefs and judicial opinions, this text should be a thought provoking examination of effective argumentation in law.

Author : Chinua Asuzu
Publisher : Partridge Publishing Singapore
Page : 693 pages
File Size : 55,9 Mb
Release : 2022-08-23
Category : Education
ISBN : 9781543771190

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Brief-Writing Master Plan by Chinua Asuzu Pdf

As much a sword as a shield, Brief-Writing Master Plan offers an unparalleled and unprecedented curriculum of written advocacy. It’s a sparkling, alchemical blend of doctrine, ethics, and skills. It recruits linguistics, logic, psychology, rhetoric, and semantics into the arsenal of learned advocacy. It contains the rhetorical wisdom of ages, pages, and sages. An advocate files a brief to persuade the judge to decide the lawsuit in favor of the advocate’s client. The keyword is persuade. Too often, advocates forget this and write to please themselves. They address themselves instead of the court. They write in chest-thumping prose and style. Advocates will do well to keep in mind that in advocacy, all that counts is persuading the judiciary. Hence, Brief-Writing Master Plan responds to the judicial wish list for advocates’ writing style and substance. This book is a transformative resource with the potential to accelerate court proceedings by easing judicial burdens and caseloads. A sober reflection on the advocate’s duty to the court, Brief-Writing Master Plan encourages professional candor, decency, and honesty. Writing as taught in this book will surely propel you to the top 1% of the global legal profession and secure your legacy.

Author : Bryan A. Garner,Carlos Tiburcio Bea,Rebecca White Berch,Neil McGill Gorsuch,Harris L Hartz,Nathan L. Hecht,Brett Kavanaugh,Alex Kozinski,Sandra Lea Lynch,William H. Pryor (Jr.),Thomas Morrow Reavley,Jeffrey Stuart Sutton,Diane P. Wood
Publisher : Unknown
Page : 0 pages
File Size : 55,5 Mb
Release : 2016
Category : Judicial process
ISBN : 0314634207

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The Law of Judicial Precedent by Bryan A. Garner,Carlos Tiburcio Bea,Rebecca White Berch,Neil McGill Gorsuch,Harris L Hartz,Nathan L. Hecht,Brett Kavanaugh,Alex Kozinski,Sandra Lea Lynch,William H. Pryor (Jr.),Thomas Morrow Reavley,Jeffrey Stuart Sutton,Diane P. Wood Pdf

The Law of Judicial Precedent is the first hornbook-style treatise on the doctrine of precedent in more than a century. It is the product of 13 distinguished coauthors, 12 of whom are appellate judges whose professional work requires them to deal with precedents daily. Together with their editor and coauthor, Bryan A. Garner, the judges have thoroughly researched and explored the many intricacies of the doctrine as it guides the work of American lawyers and judges. The treatise is organized into nine major topics, comprising 93 blackletter sections that elucidate all the major doctrines relating to how past decisions guide future ones in our common-law system. The authors' goal was to make the book theoretically sound, historically illuminating, and relentlessly practical. The breadth and depth of research involved in producing the book will be immediately apparent to anyone who browses its pages and glances over the footnotes: it would have been all but impossible for any single author to canvass the literature so comprehensively and then distill the concepts so cohesively into a single authoritative volume. More than 2,500 illustrative cases discussed or cited in the text illuminate the points covered in each section and demonstrate the law's development over several centuries. The cases are explained in a clear, commonsense way, making the book accessible to anyone seeking to understand the role of precedents in American law. Never before have so many eminent coauthors produced a single lawbook without signed sections, but instead writing with a single voice. Whether you are a judge, a lawyer, a law student, or even a nonlawyer curious about how our legal system works, you're sure to find enlightening, helpful, and sometimes surprising insights into our system of justice.

Author : Steven D. Stark
Publisher : Crown
Page : 322 pages
File Size : 40,6 Mb
Release : 2012-04-24
Category : Law
ISBN : 9780307888747

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Writing to Win by Steven D. Stark Pdf

From a master teacher and writer, a fully revised and updated edition of the results-oriented approach to legal writing that is clear, that persuades—and that WINS. More than almost any profession, the law has a deserved reputation for opaque, jargon-clogged writing. Yet forceful writing is one of the most potent weapons of legal advocacy. In this new edition of Writing to Win, Steven D. Stark, a former lecturer on law at Harvard Law School, who has inspired thousands of aspiring and practicing lawyers, applies the universal principles of powerful, vigorous prose to the job of making a legal case—and winning it. Writing to Win focuses on the writing of lawyers, not judges, and includes dozens of examples of effective (and ineffective) real-life legal writing—as well as compelling models drawn from advertising, journalism, and fiction. It deals with the challenges lawyers face in writing, from organization to strengthening and editing prose; offers incisive ways of improving arguments; addresses litigation and technical writing in all its forms; and covers the writing attorneys must perform in their daily practice, from email memos to briefs and contracts. Each chapter opens with a succinct set of rules for easy reference. With new sections on client communication and drafting affidavits, as well as updated material throughout, Writing to Win is the most practical and efficacious legal-writing manual available.

Author : Chinua Asuzu
Publisher : Partridge Africa
Page : 304 pages
File Size : 40,9 Mb
Release : 2016-05-04
Category : Education
ISBN : 9781482862256

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Judicial Writing by Chinua Asuzu Pdf

To validate their institutional continuance as a branch of government, writes Chinua Asuzu, judges must make sound decisions. They must also articulate and express those decisions efficiently and comprehensibly. This book shows how. This book will help judges, arbitrators, and other decision-writers master the art and science of judicial writing. A most welcome guide, Judicial Writing: A Benchmark for the Benchsets a high, yet attainable, standard of excellence for writing judicial decisions. It will no doubt become the reference point for judging judges and their judgments. Chinua Asuzu is that uncommon lawyer who wrote The Uncommon Law of Learned Writing. His other works includeAnatomy of a Brief andFair Hearing in Nigeria. A versatile arbitrator, Asuzu served as an administrative-law judge at the Tax Appeal Tribunal in Nigeria from 2010 to 2016.He is now the Senior Partner of Assizes Lawfirm, a team of tax lawyers.

Author : Bryan A. Garner
Publisher : West Academic Publishing
Page : 292 pages
File Size : 51,9 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.