The Five Types of Legal Argument

Author: Wilson Ray Huhn
Publisher:
ISBN: 9781594605161
Format: PDF, Mobi
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"The Five Types of Legal Argument succeeds both as a work of legal theory and as a practical guide to legal reasoning for law students, lawyers and judges. Huhn shows readers how to identify, create, attack, and evaluate the five types of legal arguments (text, intent, precedent, tradition and policy) and how to weave the different types of arguments toge the theoretical and practical themes of the work. Huhn introduces two additional ways of attacking legal arguments, and in a new chapter he utilizes principles of deductive logic to demonstrate the validity of the theory of the five types of legal arguments. The principal strength of this book is its clarity. Organized simply and logically, the book is written in plain language that is easily understood both by lay persons and professionals. The Five Types of Legal Argument is required reading at a number of leading American law schools, and it is recommended for anyone who wishes to understand how to construct and how to critique legal arguments. ther to make them more persuasive. The second edition further develops both the theoretical and practical themes of the work.Huhn introduces two additional ways of attacking legal arguments, and in a new chapter he utilizes principles of deductive logic to demonstrate the validity of the theory of the five types of legal arguments. The principal strength of this book is its clarity. Organized simply and logically, the book is written in plain language that is easily understood both by lay persons and professionals. The Five Types of Legal Argument is required reading at a number of leading American law schools, and it is recommended for anyone who wishes to understand how to construct and how to critique legal arguments."

Legal Argument The Structure and Language of Effective Advocacy

Author: James A. Gardner
Publisher: LexisNexis
ISBN: 032717708X
Format: PDF, ePub, Docs
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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, Mobi
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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.

Thank You For Arguing Revised and Updated Edition

Author: Jay Heinrichs
Publisher: Three Rivers Press
ISBN: 0385347782
Format: PDF, ePub, Docs
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For when you really have to get your point across… *Expanded and Revised: Including new chapters on leadership, Obama’s oratorical mastery, the pitfalls of apologies—and an “Argument Lab” section to put your new skills to the test.* Thank You for Arguing is your master class in the art of persuasion, taught by professors ranging from Bart Simpson to Winston Churchill. The time-tested secrets this book discloses include Cicero’s three-step strategy for moving an audience to action—as well as Honest Abe’s Shameless Trick of lowering an audience’s expectations by pretending to be unpolished. But it’s also replete with contemporary techniques such as politicians’ use of “code” language to appeal to specific groups and an eye-opening assortment of popular-culture dodges—including The Yoda Technique, The Belushi Paradigm, and The Eddie Haskell Ploy. Whether you’re an inveterate lover of language books or just want to win a lot more anger-free arguments on the page, at the podium, or over a beer, Thank You for Arguing is for you. Written by one of today’s most popular language mavens, it’s warm, witty, erudite, and truly enlightening. It not only teaches you how to recognize a paralipsis and a chiasmus when you hear them, but also how to wield such handy and persuasive weapons the next time you really, really want to get your own way.

More Guns Less Crime

Author: John R. Lott
Publisher: University of Chicago Press
ISBN: 9780226493671
Format: PDF, ePub, Mobi
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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.

Law Truth and Reason

Author: Raimo Siltala
Publisher: Springer Science & Business Media
ISBN: 9789400718722
Format: PDF, Docs
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This book is an innovative contribution to analytical jurisprudence. It is mainly based on the distinct premises of linguistic philosophy and Carnapian semantics, but also addresses the issues of institutional philosophy, social pragmatism, and legal principles as envisioned by Dworkin, among others. Wróblewski ́s three ideologies (bound/free/legal and rational) and Makkonen ́s three situations (isomorphic/semantically vague/normative gap) of judicial decision-making are further developed by means of 10 frames of legal analysis as discerned by the author. With the philosophical theories of truth serving as a reference, the frames of legal analysis include the isomorphic theory of law (Wittgenstein, Makkonen), the coherence theory of law (Alexy, Peczenik, Dworkin), the new rhetoric and legal argumentation theory (Perelman, Aarnio), social consequentialism (Posner), natural law theory (Fuller, Finnis), and the sequential model of legal reasoning by Neil MacCormick and the Bielefelder Kreis. At the end, some key issues of legal metaphysics are addressed, like the notion of legal systematics and the future potential of the analytical approach in jurisprudence.

Law 101

Author: Jay M. Feinman
Publisher: Oxford University Press
ISBN: 0190866349
Format: PDF, ePub, Mobi
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In this fifth edition of his bestselling classic, Jay Feinman provides an authoritative and up-to-date overview of the American legal system. In the years since the publication of the fourth edition, there have been many important developments on the legal front. The Supreme Court has issued important decisions on presidential powers, freedom of religion, and personal liberty. Police shootings and the rise of Black Lives Matter has impacted the court system too. The rise of arbitration at the expense of jury trials has affected the rights of consumers, and internet law remains in a state of constant change. This fully updated fifth edition of Law 101 accounts for all these developments and more, as Feinman once again provides a clear introduction to American law. The book covers all the main subjects taught in the first year of law school, and discusses every facet of the American legal tradition, including constitutional law, the litigation process, and criminal, property, and contracts law. To illustrate how the legal system works, Feinman draws from noteworthy, infamous, and even outrageous examples and cases. We learn about the case involving scalding coffee that cost McDonald's half a million dollars, the murder trial in Victorian London that gave us the legal definition of insanity, and the epochal decision of Marbury vs. Madison that gave the Supreme Court the power to declare state and federal law unconstitutional. A key to learning about the law is understanding legal vocabulary, and Feinman helps by clarifying terms like "due process" and "equal protection," as well as by drawing distinctions between terms like "murder" and "manslaughter." Above all, Feinman reveals to readers of all kinds that despite its complexities and quirks, the law can be understood by everyone. Perfect for students contemplating law school, journalists covering legislature, or even casual fans of "court-television" shows, Law 101 is a clear and accessible introduction to the American legal system.

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

The Elements of Legal Style

Author: Bryan A. Garner
Publisher: Oxford University Press, USA
ISBN: 9780195141627
Format: PDF, Mobi
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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.