The Five Types of Legal Argument

Author: Wilson Huhn
Publisher:
ISBN: 9781611635881
Format: PDF, ePub, Docs
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Huhn demonstrates that there are five different types of legal arguments (based on text, intent, precedent, tradition and policy), and through myriad examples this book teaches law students, lawyers, and judges how to identify, create, attack, and evaluate each type of argument. The book contains useful advice and illustrations on how to weave the different types of arguments together to make them more persuasive. The third edition of the book adds a chapter on the role that reasoning by analogy plays in resolving difficult cases and in the development of the law.

Legal Argument The Structure and Language of Effective Advocacy

Author: James A. Gardner
Publisher: LexisNexis
ISBN: 032717708X
Format: PDF, Kindle
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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.

Your Client s Story

Author: Ruth Anne Robbins
Publisher: Wolters Kluwer Law & Business
ISBN: 1454830158
Format: PDF, Kindle
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Unlike most document-centric first-year legal writing texts, Your Client's Story: Persuasive Legal Writing centers on the client, with a focus on ways to persuade the reader to grant the relief each client seeks. Organized to reflect the process, the text begins with meeting the client, moves to investigating the facts, and then provides guidance on analyzing and choosing the appropriate persuasive strategy. The material is rooted in concepts of brain science and cognitive psychology--in an easy-to-read, conversational style--and shows how classical rhetoric and modern persuasion theory provide the foundation for memorable legal writing. Persuasion and argument presentation cover both the trial and appellate levels. By focusing on the process of persuasion, Your Client's Story: Persuasive Legal Writing creates strong connections between the first year objectives and the upper level skills and clinic courses. Editable versions of the sample briefs appear in the appendices, so that professors can tailor to individual needs. The authors, are all distinguished former Presidents of The Legal Writing Institute and have published significant articles about persuasive techniques in legal writing. Robbins and Johansen co-organize the Applied Legal Storytelling conferences, and Robbins is Co-Editor-in-Chief of Legal Communications and Rhetoric: JALWD. Features: client-centered--rather than document-centric--focusing on ways to persuade the reader to grant the relief each client seeks organized to reflect the process meeting the client investigating the facts analyzing and choosing appropriate persuasive strategies rooted in concepts of brain science and cognitive psychology, made accessible to first-year law students engages classical rhetoric and modern persuasion theory as a foundation conversational tone covers persuasion and argument presentation at both the trial and appellate levels creates strong connections between first year course objective and upper level skill-building curriculum editable versions of sample briefs in the appendices, for professors to tailor as needed stellar authors All are former Presidents of The Legal Writing Institute. All have published significant articles on persuasive techniques in legal writing. Professor Robins is Editor-in-Chief of Legal Communications and Rhetoric: JALWD. Professors Robbins and Johansen co-organize Applied Legal Storytelling conferences. Professor Chestek is Associate Director of the Center for the Study of Written Advocacy at the University of Wyoming College of Law.

Readings in Persuasion

Author: Linda H. Edwards
Publisher: Wolters Kluwer Law & Business
ISBN: 145482154X
Format: PDF, Kindle
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An innovative and riveting look at briefs from a highly respected author that can be used a primary text in an advanced legal writing class or as a secondary text in a basic legal writing course. The chapters can be taken in any order. In the first part of the book, individual chapters cover advanced legal writing topics such as rhetoric, voice, emotion, metaphor, and narrative. The second part of the book introduces famous cases, with the story of each case. Chapter introductions provide interesting insights, such as historical context, the story of the case and of the litigation of it, information about the lawyers who wrote the briefs on both sides, what the courts decided, and, where relevant, about what has happened since. Compelling content makes it easy to engage students while photos throughout enliven the text. Features: Highly respected author Flexibility can be used as core text in advanced legal writing with other materials secondary text in a basic legal writing course chapters can be taken in any order High-interest, engaging content Each chapter focuses on important legal writing topics rhetoric voice emotion metaphor narrative Features famous case Chapter introductions with compelling insights historical context the story of the case and its litigation information about the lawyers who wrote the briefs on both sides what the courts decided what has happened since Full-text cases and briefs offered on a companion website Photos that enliven the text

More Guns Less Crime

Author: John R. Lott
Publisher: University of Chicago Press
ISBN: 9780226493671
Format: PDF
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On its initial publication in 1998, John R. Lott’s More Guns, Less Crime drew both lavish praise and heated criticism. More than a decade later, it continues to play a key role in ongoing arguments over gun-control laws: despite all the attacks by gun-control advocates, no one has ever been able to refute Lott’s simple, startling conclusion that more guns mean less crime. Relying on the most rigorously comprehensive data analysis ever conducted on crime statistics and right-to-carry laws, the book directly challenges common perceptions about the relationship of guns, crime, and violence. For this third edition, Lott draws on an additional ten years of data—including provocative analysis of the effects of gun bans in Chicago and Washington, D.C—that brings the book fully up to date and further bolsters its central contention.

How to Read the Bible for All Its Worth

Author: Gordon D. Fee
Publisher: Zondervan
ISBN: 0310517834
Format: PDF, Mobi
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Understanding the Bible isn’t for the few, the gifted, the scholarly. The Bible is accessible. It’s meant to be read and comprehended by everyone from armchair readers to seminary students. A few essential insights into the Bible can clear up a lot of misconceptions and help you grasp the meaning of Scripture and its application to your twenty-first-century life. More than three quarters of a million people have turned to How to Read the Bible for All Its Worth to inform their reading of the Bible. This fourth edition features revisions that keep pace with current scholarship, resources, and culture. Changes include: Updated language for better readability Scripture references now appear only in brackets at the end of a sentence or paragraph, helping you read the Bible as you would read any book—without the numbers A new authors’ preface Redesigned and updated diagrams Updated list of recommended commentaries and resources Covering everything from translational concerns to different genres of biblical writing, How to Read the Bible for All Its Worth is used all around the world. In clear, simple language, it helps you accurately understand the different parts of the Bible—their meaning for ancient audiences and their implications for you today—so you can uncover the inexhaustible worth that is in God’s Word.

The Redbook

Author: Bryan A. Garner
Publisher: West Academic
ISBN: 9780314168917
Format: PDF, Mobi
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This book provides a comprehensive guide to the essential rules of legal writing. Unlike most style or grammar guides, it focuses on the special needs of legal writers, answering a wide spectrum of questions about grammar and style -- both rules and exceptions. It also gives detailed, authoritative advice on punctuation, capitalization, spelling, footnotes, and citations, with illustrations in legal context. Designed for law students, law professors, practicing lawyers, and judges, the work emphasizes the ways in which legal writing differs from other styles of technical writing. Its how-to sections deal with editing and proofreading, numbers and symbols, and overall document design. Features: * Cautions on use of 500 stuffy phrases and needless legalisms, along with their everyday English translations * Details rules for 800 words with required prepositions in certain contexts * Explains the correct usage of more than 1,000 words that are often troublesome to legal writers * Gives tips on preparing briefs and other court documents, opinion letters and demand letters, research memos, and contracts * Provides model documents of all types of legal documents and pleadings Reviews 200 terms of art that take on new meanings in legal contexts

The Elements of Legal Style

Author: Bryan A. Garner
Publisher: Oxford University Press, USA
ISBN: 9780195141627
Format: PDF, ePub
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A new edition of the classic in legal writing covers the basics of the field with new examples that illuminate mechanics, word choice, structure, and rhetoric.

Getting to Yes

Author: Roger Fisher
Publisher: Penguin
ISBN: 9781101539545
Format: PDF, ePub, Docs
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The key text on problem-solving negotiation-updated and revised Since its original publication nearly thirty years ago, Getting to Yes has helped millions of people learn a better way to negotiate. One of the primary business texts of the modern era, it is based on the work of the Harvard Negotiation Project, a group that deals with all levels of negotiation and conflict resolution. Getting to Yes offers a proven, step-by-step strategy for coming to mutually acceptable agreements in every sort of conflict. Thoroughly updated and revised, it offers readers a straight- forward, universally applicable method for negotiating personal and professional disputes without getting angry-or getting taken. From the Trade Paperback edition.

The Uses of Argument

Author: Stephen E. Toulmin
Publisher: Cambridge University Press
ISBN: 1139442309
Format: PDF, Kindle
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A central theme throughout the impressive series of philosophical books and articles Stephen Toulmin has published since 1948 is the way in which assertions and opinions concerning all sorts of topics, brought up in everyday life or in academic research, can be rationally justified. Is there one universal system of norms, by which all sorts of arguments in all sorts of fields must be judged, or must each sort of argument be judged according to its own norms? In The Uses of Argument (1958) Toulmin sets out his views on these questions for the first time. In spite of initial criticisms from logicians and fellow philosophers, The Uses of Argument has been an enduring source of inspiration and discussion to students of argumentation from all kinds of disciplinary background for more than forty years.