Appellate Advocacy Principles and Practice

Author: Ursula Bentele
Publisher: LexisNexis
ISBN: 0327176652
Format: PDF, Kindle
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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.

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: 1454876042
Format: PDF, Mobi
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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

Effective Appellate Advocacy

Author: Frederick Bernays Wiener
Publisher: American Bar Association
ISBN: 9781590312346
Format: PDF, ePub, Docs
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How can you best persuade an appellate court to decide a case in your favor? This book is packed with useful examples and clever ancedotes that will sharpen your presentation and argument skills for use at the state, federal and Supreme Court level.

The Winning Oral Argument

Author: Bryan A. Garner
Publisher: West Academic
ISBN:
Format: PDF, Mobi
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In this eminently browsable book, Bryan A. Garner has collected and arranged the most important, interesting, and penetrating statements from judges and lawyers about how to conduct an oral argument. Each didactic principle is stated, briefly explained, and then illustrated with quotations from a dazzling array of sources, ancient and modern. Novices and veterans alike will find helpful advice in these pages, which systematically explain the subtleties of the art more lucidly than any previous work has done.

Practicing Persuasive Written and Oral Advocacy

Author: David W. Miller
Publisher: Aspen Publishers
ISBN: 9780735564220
Format: PDF
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Prepared by the authors of Persuasive Written and Oral Advocacy, Case File IV offers a complete set of court documents to supplement any persuasive legal writing, pre-trial practice, appellate advocacy, or moot court class. The case files are sophisticated, realistic litigation problems, designed to allow users a great deal of flexibility in their courses. It is carefully designed to help students put into practice the principles advocated throughout the aforementioned text, but can also be used to supplement any appellate advocacy book. Case File IV spotlights a variety of great features, including: Pre-trial motions and depositions, trial transcripts, and reaching the judicial opinion A basis for written and oral exercises, one or more memoranda and oral arguments before the district court, and briefs and oral arguments before the court of appeals A central legal issue around which the text is grounded, specifically the constitutionality of a state statute that forbids the adoption of children by couples of the same sex Subordinate issues, including a federal court's "supplemental" jurisdiction over a claim governed entirely by state law, the standards for admissibility of expert testimony based on social science studies of adoptive children, and a state's waiver of immunity from suit under the Eleventh Amendment An accompanying Teacher's Manual: describes various assignments that professors might give as an advocacy unit in a larger course, in a short course in appellate advocacy, or in a longer course in pretrial and appellate advocacy contains a "bench memorandum," analyzing the various legal issues for the benefit of those evaluating student work reproduces orders and opinions by the trial court to be released to students at appropriate times during the litigation