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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.
Book Synopsis Effective Appellate Advocacy by : Frederick Bernays Wiener
Download or read book Effective Appellate Advocacy written by Frederick Bernays Wiener and published by American Bar Association. This book was released on 2004 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Effective Appellate Advocacy by : Carole C. Berry
Download or read book Effective Appellate Advocacy written by Carole C. Berry and published by . This book was released on 2016 with total page 426 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Effective Appellate Advocacy by : Carole C. Berry
Download or read book Effective Appellate Advocacy written by Carole C. Berry and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Softbound - New, softbound print book.
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 and electronic research. New to the Second Edition: Revisions to Supreme Court Rules and Federal Rules of Appellate Procedure Updated use and citation of literature Additional advice on achieving writing and speaking goals Professors and students will benefit from: The book explains "how to" achieve effective briefs and argument. Examples make the advice concrete rather than abstract. The book provides extensive review and citation of advice from judges and practitioners. Organization permits teachers to select material as appropriate for class needs.
Book Synopsis Persuasive Written and Oral Advocacy by : Michael R. Fontham
Download or read book Persuasive Written and Oral Advocacy written by Michael R. Fontham and published by Aspen Publishing. This book was released on 2018-09-06 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 and electronic research. New to the Second Edition: Revisions to Supreme Court Rules and Federal Rules of Appellate Procedure Updated use and citation of literature Additional advice on achieving writing and speaking goals Professors and students will benefit from: The book explains "how to" achieve effective briefs and argument. Examples make the advice concrete rather than abstract. The book provides extensive review and citation of advice from judges and practitioners. Organization permits teachers to select material as appropriate for class needs.
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.
Book Synopsis Briefing and Arguing Federal Appeals by : Frederick Bernays Wiener
Download or read book Briefing and Arguing Federal Appeals written by Frederick Bernays Wiener and published by The Lawbook Exchange, Ltd.. This book was released on 2009-06 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The original process-based text for teaching students how to write a brief, A Practical Guide to Appellate Advocacy illuminates each step with clear, specific guidance and annotated examples of both good and bad writing that illustrate how it’s done. A Practical Guide to Appellate Advocacyis the original process-based persuasive writing text. With her trademark specificity and clarity, author Mary Beth Beazley explains each step in the process of writing a legal brief, using annotated good and bad examples that illustrate how it’s done. Recognizing the needs of neophyte legal writers, the text offers formulas such as CREAC that students can use to write sound arguments, effective case descriptions, and thesis sentences. In addition, Chapter 4, “Facing the Blank Page”, offers solutions for addressing procrastination; Chapter 14 provides thorough coverage to prepare students for Moot Court Competitions, with helpful advice for communicating productively with teachers, mentors, and moot court coaches. Now a Connected eBook, A Practical Guide to Appellate Advocacyoffers a host of supportive resources and materials on CasebookConnect, such as sample briefs and motions, guidance on brief writing style and citation, and reference material for court rules and related sources. New to the Sixth Edition: Updated to reflect changes in law school and practice in response to the COVID pandemic, with detailed guidance on how to participate in online oral arguments Streamlined to ensure that the text remains succinct and timely through successive editions Recall and Review self-assessment questions at the end of each chapter Professors and students will benefit from: Annotated examples of both good and bad legal writing End-of-chapter summaries and Recall and Review questions Balanced coverage of legal reasoning, rhetoric, and skills Generous fund of resources on CC, including additional sample documents, exercises, and other pedagogical materials Four-part process for writing a brief: 1) prewriting (research, analysis, outline); 2) writing (first draft); 3) revising (second draft); 4) polishing (final draft) Uses humor and interesting examples to engage and teach, for example… Uses “phrase-that-pays” instead of “key terms” to remind students to focus on the specific language in controversy when they analyze legal rules Uses "Six Degrees of Kevin Bacon" to explain how to make connections between the various points in their arguments.
Book Synopsis A Practical Guide to Appellate Advocacy by : Mary Beth Beazley
Download or read book A Practical Guide to Appellate Advocacy written by Mary Beth Beazley and published by Aspen Publishing. This book was released on 2022-09-15 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. The original process-based text for teaching students how to write a brief, A Practical Guide to Appellate Advocacy illuminates each step with clear, specific guidance and annotated examples of both good and bad writing that illustrate how it’s done. A Practical Guide to Appellate Advocacyis the original process-based persuasive writing text. With her trademark specificity and clarity, author Mary Beth Beazley explains each step in the process of writing a legal brief, using annotated good and bad examples that illustrate how it’s done. Recognizing the needs of neophyte legal writers, the text offers formulas such as CREAC that students can use to write sound arguments, effective case descriptions, and thesis sentences. In addition, Chapter 4, “Facing the Blank Page”, offers solutions for addressing procrastination; Chapter 14 provides thorough coverage to prepare students for Moot Court Competitions, with helpful advice for communicating productively with teachers, mentors, and moot court coaches. Now a Connected eBook, A Practical Guide to Appellate Advocacyoffers a host of supportive resources and materials on CasebookConnect, such as sample briefs and motions, guidance on brief writing style and citation, and reference material for court rules and related sources. New to the Sixth Edition: Updated to reflect changes in law school and practice in response to the COVID pandemic, with detailed guidance on how to participate in online oral arguments Streamlined to ensure that the text remains succinct and timely through successive editions Recall and Review self-assessment questions at the end of each chapter Professors and students will benefit from: Annotated examples of both good and bad legal writing End-of-chapter summaries and Recall and Review questions Balanced coverage of legal reasoning, rhetoric, and skills Generous fund of resources on CC, including additional sample documents, exercises, and other pedagogical materials Four-part process for writing a brief: 1) prewriting (research, analysis, outline); 2) writing (first draft); 3) revising (second draft); 4) polishing (final draft) Uses humor and interesting examples to engage and teach, for example… Uses “phrase-that-pays” instead of “key terms” to remind students to focus on the specific language in controversy when they analyze legal rules Uses "Six Degrees of Kevin Bacon" to explain how to make connections between the various points in their arguments.
Appellate Advocacy books can overwhelm students with a disparate mixture of appellate rules, arcane procedural requirements, multiple writing instructions, practice tips, etc. This book avoids that problem by focusing on the most important aspect of appellate advocacy: how to write a persuasive appellate brief. It sets forth very specific, well-defined rules--adapted from the recommendations of experienced appellate practitioners and judges--for students to learn and follow. Principles of Appellate Advocacy stresses three overreaching principles that students need to understand: (1) The perspective principle: putting the brief writer in the shoes of the judge; (2) The structural principle: building the brief around issues; and (3) The organizational principle: separating the thought process from the writing process. New to the Second Edition: Expanded coverage of standards of review, with explanations of the most commonly employed standards, examples from decisions using the standards and from briefs that apply them, plus exercises to assist students in recognizing the applicable standards of review. Increased emphasis on the concept of appealable error and preservation of issues. Additional exercises that require students to implement the rules for writing discussed in the text and to practice revision and editing techniques. An updated sample appellate brief that implements the book’s rules for writing a brief. A video illustrating the “dos and don’ts” of oral argument. Professors and student will benefit from these features: The direct, practical approach to teaching students how to write an appellate brief—the most important aspect of appellate advocacy. The concepts as presented are straightforward and accessible to facilitate understanding. Students will learn and then implement specific rules that appellate experts nationwide agree are essential to good appellate writing. The first edition has been proven effective by students in a very successful law school appellate program. This approach and these materials work.
Book Synopsis Principles of Appellate Advocacy by : Daniel P. Selmi
Download or read book Principles of Appellate Advocacy written by Daniel P. Selmi and published by Aspen Publishing. This book was released on 2021-01-31 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Appellate Advocacy books can overwhelm students with a disparate mixture of appellate rules, arcane procedural requirements, multiple writing instructions, practice tips, etc. This book avoids that problem by focusing on the most important aspect of appellate advocacy: how to write a persuasive appellate brief. It sets forth very specific, well-defined rules--adapted from the recommendations of experienced appellate practitioners and judges--for students to learn and follow. Principles of Appellate Advocacy stresses three overreaching principles that students need to understand: (1) The perspective principle: putting the brief writer in the shoes of the judge; (2) The structural principle: building the brief around issues; and (3) The organizational principle: separating the thought process from the writing process. New to the Second Edition: Expanded coverage of standards of review, with explanations of the most commonly employed standards, examples from decisions using the standards and from briefs that apply them, plus exercises to assist students in recognizing the applicable standards of review. Increased emphasis on the concept of appealable error and preservation of issues. Additional exercises that require students to implement the rules for writing discussed in the text and to practice revision and editing techniques. An updated sample appellate brief that implements the book’s rules for writing a brief. A video illustrating the “dos and don’ts” of oral argument. Professors and student will benefit from these features: The direct, practical approach to teaching students how to write an appellate brief—the most important aspect of appellate advocacy. The concepts as presented are straightforward and accessible to facilitate understanding. Students will learn and then implement specific rules that appellate experts nationwide agree are essential to good appellate writing. The first edition has been proven effective by students in a very successful law school appellate program. This approach and these materials work.
Download or read book Appellate Advocacy written by and published by A B a Professional Education Publications. This book was released on 1981 with total page 352 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks 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
Book Synopsis A Practical Guide to Appellate Advocacy by : Mary Beth Beazley
Download or read book A Practical Guide to Appellate Advocacy written by Mary Beth Beazley and published by Aspen Publishing. This book was released on 2018-09-14 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks 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
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); and Eliminates the chapter on federal habeas corpus and other avenues of collateral attack on judgments, which will be the subject of a future text.
Book Synopsis Appellate Advocacy by : Ursula Bentele
Download or read book Appellate Advocacy written by Ursula Bentele and published by . This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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); and Eliminates the chapter on federal habeas corpus and other avenues of collateral attack on judgments, which will be the subject of a future text.
