Appellate Advocacy Principles and Practice

Author: Ursula Bentele
Publisher: LexisNexis
ISBN: 0327176652
Format: PDF, Mobi
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Appellate Advocacy: Principles and Practice is designed primarily for use in an upper class appellate practice course. It will provide students with a basic understanding of the most fundamental principles of appellate litigation, using examples from the federal system as well as several illustrative states. And, by helping law students to understand the basic principles behind appellate litigation, which are not covered in any other law school course, Appellate Advocacy: Principles and Practice can also enhance their study of law in general. Like the prior edition of Appellate Advocacy: Principles and Practice published in 2004, this new edition also includes exercises revolving around the most important principles of appellate practice. And, in addition to the updated materials throughout the book, the Fifth Edition also: • Addresses the important matter of seeking stays pending appeal, the possibility of en banc review, and alternative dispute resolution in the appellate context (Chapter 2) • Expands the discussion of the preservation doctrine to include more materials on civil litigation and augments discussion of scope of review to include judicial notice (Chapter 3) • Provides more treatment of review of administrative agency decisions (Chapter 4) • Offers more detailed discussion of the evolving constitutional harmless error doctrine (Chapter 5) • Includes new exercises to emphasize some of the ethical issues that arise in appellate practice (Chapter 6) • Adds new sections on amicus briefs and on persuasive citations (Chapter 7) • Eliminates the chapter on federal habeas corpus and other avenues of collateral attack on judgments, which will be the subject of a future text.

Principles of Appellate Advocacy

Author: Daniel P. Selmi
Publisher: Wolters Kluwer Law & Business
ISBN: 1454838000
Format: PDF, Docs
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Written by acclaimed appellate lawyer and professor Daniel Selm Principles of Appellate Advocacy concentrates exclusively on a few rules and principles that are essential to writing clear appellate briefs and oral arguments. Designed for students preparing their first appellate arguments, as well as those who struggle with the writing process, this concise, student-friendly text helps students identify core principles at issue, frame their arguments from an appellate judge's perspective, and write clear, compelling briefs and oral arguments. Features: Written by a highly experienced appellate lawyer who has briefed more than 35 appellate cases involving environmental and land use law, and argued over 20 of those in the appellate courts, including three in the California Supreme Court. Focuses on the core skills in appellate advocacy: brief writing and oral argument. Concise treatment that focuses on a few essential rules, allowing students to focus on core principles. Teaches students how to derive, rather than just state, essential principles . Emphasis is on helping students learn to identify the issue that must be resolved before developing a written or oral argument that responds to that issue. "Thinking like a judge" is a unifying theme--students are consistently challenged to put themselves in the appellate judge's shoes throughout the text. Separates the writing process from the analytic process, guiding students through the dual process of writing a brief while confronting difficult questions about the substance of the law by first creating an outline and then going on to the actual writing. Includes a DVD featuring real judges presenting do's and don'ts for appellate argument.

A Practical Guide to Appellate Advocacy

Author: Mary Beth Beazley
Publisher: Aspen Publishers
ISBN: 1454896345
Format: PDF, Docs
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Mary Beth Beazley’s highly regarded A Practical Guide to Appellate Advocacy is a comprehensive student-focused guide to writing appellate briefs. Written in an understandable, direct writing style, this concise paperback’s effective structure centers on a four-point approach to writing and breaks each point down into key elements that are then treated in-depth. New to the Fifth Edition: New bullets at the end of each chapter reviewing major takeaways Expanded coverage of research advice in Chapter 3, including discussion on Boolean searches A new chapter on using statutes in briefs, covering Reading statutes effectively Making statutory interpretation arguments Research techniques for statutory interpretation arguments Professors and students will benefit from: Student-friendly writing that is easy to read and understand Annotated examples – both good and bad – that help students understand why certain methods are effective Chapters on effective use of cases and statutes that address common problems experienced by students Numerous formulas that make learning and remembering easy: Creac Formula for effective topic sentences Formula for effective case descriptions ""Template"" formula for effective signals to the reader Teaching materials include: Powerpoints with effective examples and teaching notes Self-grading guidelines and examples of self-grading of effective and ineffective legal writing

Persuasive Written and Oral Advocacy in Trial and Appellate Courts

Author: Michael R. Fontham
Publisher: Wolters Kluwer Law & Business
ISBN: 1454828862
Format: PDF, ePub, Docs
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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, video conference oral arguments, and electronic research. The revised Third Edition presents updated and expanded information on electronic filings as well as rule updates, especially local rule issues, and an updated, two-color design. Features: clear and practical guide to legal writing and oral argument the selection of a main message or theme employment of research, language, and speaking skills achieving a clear, persuasive legal message content is applicable to all legal writing and speaking includes practical guidance for advocacy in federal courts, trial courts, and other settings 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 emphasizes consideration of the judge's time and perspective when preparing arguments liberal use of concrete examples based on a hypothetical case file, with extensive advice for editing accompanied by Case Files help put in practice the principles advocated throughout the text sophisticated, realistic litigation problems designed to allow instructors flexibility features technological developments--electronic filing, video conference, oral arguments, electronic research sections on harmless error, changes to Rule 32, and the status of unpublished opinions The revised Third Edition presents: updated and expanded information on electronic filings rule updates, especially local rule issues updated, two-color design

Advanced Appellate Advocacy

Author: Susan E. Provenzano
Publisher: Wolters Kluwer Law & Business
ISBN: 1454847204
Format: PDF, ePub
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Advanced Appellate Advocacy is a mastery textbook, designed to bridge students from second and third semester writing courses to appellate simulations and clinics that involve substantial writing projects. Because it offers a robust appellate education, conveying the creativity, strategy, and sophistication behind real appeals, the text can also serve as a handbook for new lawyers entering appellate practice. This textbook is a first-of-its kind collaboration among authors with decades of appellate practice and clinical and legal writing teaching among them. The author team includes Carter Phillips, one of the most highly rated Supreme Court advocates of our time. Advanced Appellate Advocacy also uses charts, diagrams, and reflection questions to engage readers, and practice pointers based on the authors' interviews with appellate specialists and their own practice experiences are sprinkled throughout the chapters. The text is enriched by an on-line companion that houses all of the text's exercises, additional briefs and working documents, and interviews with prominent appellate practitioners. Features: Organized to track the progress of an appeal, the text offers students explicit process-based guidance linked to each phase Going Beyond IRAC, the text teaches more flexible, sophisticated writing approaches, illustrating them with models from expert appellate briefs Includes charts, diagrams, examples, and reflection questions

Tort Law

Author: James Underwood
Publisher: Wolters Kluwer Law & Business
ISBN: 1454898461
Format: PDF, Mobi
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Tort Law: Principles in Practice is an approachable and engaging casebook, with a variety of pedagogical features and tools to examine tort law doctrine and rules and their application in practice. Introductory text for each chapter, subsection, and cases frame the issues under discussion, aiding student comprehension. Key Features: Text boxes and photographs, sample pattern jury instructions, checklists, and end-of-chapter essay questions. Chapter Goals are listed at the beginning of each chapter to highlight the key areas of coverage and provide a checklist for students when reviewing material. New key cases (e.g., new cases dealing with “but-for” causation and cutting edge coverage of the seat-belt defense showing a recent trend toward acceptance of this defense). Expanded short practice problems after most cases.

Briefing and Arguing Federal Appeals

Author: Frederick Bernays Wiener
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771836
Format: PDF, Kindle
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Originally published: Washington, D.C.: BNA Incorporated, 1961. iii (New Introduction), xvi, 506 pp. With a New Introduction by Bryan A. Garner, President, LawProse, Inc. This book tells how to brief and how to argue a Federal case on appeal. Its primary purpose is to explain to the lawyer how to best persuade a Federal appellate court to decide a case in his favor. It is neither a practice manual nor a text of Federal appellate procedure, being written on the assumption that all the procedural steps necessary to perfect the appeal have been or will be timely taken. Consequently this book deals with problems that are common to appeals in whatever Federal court they may be presented. Many of the principles defined and discussed herein are applicable also to the argument, oral and written, of questions of fact and law presented and heard in Federal trial courts. The task of presenting facts and law effectively, the psychology of persuasion, the requirements of candor and accuracy-these are matters common to forensic effort in every courtroom, at every state of a litigated proceeding. In addition to its discussion of appellate advocacy and a description of procedure in the federal appellate courts (Supreme Court, U.S. Court of Appeals, and specialized federal courts), it provides valuable guidelines for writing briefs and appeals and the preparing oral arguments. Among other lessons, it teaches ways to -think before writing, -state facts and phrase issues persuasively, -use argumentative headings, -employ clear, forceful English, -handle questions in oral argument, -use maps and charts effectively and -prevent "forensic halitosis." AALS Law Books Recommended for Libraries List 26, Legal Profession, page 20, "A" Rated. "To get into court and to maintain your right to be there is the object of all pleading and is as important in an appellate court as in a trial court () This book is a guide to handling of cases on appeal in the Federal courts by one who is eminently qualified to instruct and direct in this field." --from the foreword by Sherman Minton, Associate Justice, U.S. Supreme Court "Anyone familiar with Mr. Wiener's reputation as an appellate advocate and with his earlier works would expect his new book to be either required reading or strongly recommended in a course in Appellate Practice and Procedure. My own choice for next spring's seminar at this law school is to require it. This is not to say, however, that the book is directed solely to the student in law school. There are probably few practicing attorneys who would not benefit substantially from the author's ability, drawing on his vast personal experience, to expound the art of appellate advocacy in a fascinating and instructive way." -- Monroe H. Freedman, The George Washington Law Review 30 (1961-62) 148. "This is a brilliant book by a brilliant mind. It's the seminal 20th-century book on appellate advocacy, with wisdom, insight, and concrete examples packed into page after page." --Bryan A. Garner Frederick Bernys Wiener [1906-1996], or "Fritz" as he was known to his friends, was educated at Brown University and Harvard Law School, where he was a note editor on Harvard Law Review. In addition to several years in private practice, Wiener held positions in the U.S. Department of the Interior, the Judge Advocate General's Corps (as an officer during the Second World War) and the Solicitor General's Office, where he successfully argued the landmark Supreme Court case Reid v. Covert. Also a scholar of vast learning and high reputation, he wrote copiously on courts-martial, martial law and legal history. "

Persuasive Written and Oral Advocacy in Trial and Appellate Courts

Author: Michael R. Fontham
Publisher: Wolters Kluwer Law & Business
ISBN: 1454828862
Format: PDF, ePub, Mobi
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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, video conference oral arguments, and electronic research. The revised Third Edition presents updated and expanded information on electronic filings as well as rule updates, especially local rule issues, and an updated, two-color design. Features: clear and practical guide to legal writing and oral argument the selection of a main message or theme employment of research, language, and speaking skills achieving a clear, persuasive legal message content is applicable to all legal writing and speaking includes practical guidance for advocacy in federal courts, trial courts, and other settings 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 emphasizes consideration of the judge's time and perspective when preparing arguments liberal use of concrete examples based on a hypothetical case file, with extensive advice for editing accompanied by Case Files help put in practice the principles advocated throughout the text sophisticated, realistic litigation problems designed to allow instructors flexibility features technological developments--electronic filing, video conference, oral arguments, electronic research sections on harmless error, changes to Rule 32, and the status of unpublished opinions The revised Third Edition presents: updated and expanded information on electronic filings rule updates, especially local rule issues updated, two-color design

Advanced Appellate Advocacy

Author: Susan E. Provenzano
Publisher: Wolters Kluwer Law & Business
ISBN: 1454847204
Format: PDF, ePub, Docs
Download Now
Advanced Appellate Advocacy is a mastery textbook, designed to bridge students from second and third semester writing courses to appellate simulations and clinics that involve substantial writing projects. Because it offers a robust appellate education, conveying the creativity, strategy, and sophistication behind real appeals, the text can also serve as a handbook for new lawyers entering appellate practice. This textbook is a first-of-its kind collaboration among authors with decades of appellate practice and clinical and legal writing teaching among them. The author team includes Carter Phillips, one of the most highly rated Supreme Court advocates of our time. Advanced Appellate Advocacy also uses charts, diagrams, and reflection questions to engage readers, and practice pointers based on the authors' interviews with appellate specialists and their own practice experiences are sprinkled throughout the chapters. The text is enriched by an on-line companion that houses all of the text's exercises, additional briefs and working documents, and interviews with prominent appellate practitioners. Features: Organized to track the progress of an appeal, the text offers students explicit process-based guidance linked to each phase Going Beyond IRAC, the text teaches more flexible, sophisticated writing approaches, illustrating them with models from expert appellate briefs Includes charts, diagrams, examples, and reflection questions