Appellate Advocacy: Principles and Practice

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Author: Ursula Bentele,Eve Cary,Mary R. Falk

Publisher: LexisNexis

ISBN: 0327176652

Category: Law

Page: 394

View: 4439

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

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Author: Daniel P. Selmi

Publisher: Wolters Kluwer Law & Business

ISBN: 1454838000

Category: Law

Page: 200

View: 4862

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.

Practicing Persuasive Written and Oral Advocacy

Case File IV

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Author: David W. Miller,George C. Harris,Mary-Beth Moylan

Publisher: Aspen Publishers

ISBN: 9780735564220

Category: Law

Page: 83

View: 1785

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

Persuasive Written and Oral Advocacy in Trial and Appellate Courts

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Author: Michael R. Fontham,Michael Vitiello

Publisher: Wolters Kluwer Law & Business

ISBN: 1454828862

Category: Law

Page: 460

View: 380

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

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Author: Susan E. Provenzano,Sarah O. Schrup,Carter G. Phillips,Jeffrey T. Green

Publisher: Wolters Kluwer Law & Business

ISBN: 1454847204

Category: Law

Page: 416

View: 9526

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

Advanced Appellate Advocacy

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Author: Susan E. Provenzano,Sarah O. Schrup,Carter G. Phillips,Jeffrey T. Green

Publisher: Wolters Kluwer Law & Business

ISBN: 1454847204

Category: Law

Page: 416

View: 4128

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

Briefing and Arguing Federal Appeals

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Author: Frederick Bernays Wiener

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584771836

Category: Law

Page: 506

View: 9197

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 Complete Advocate

A Practice File for Representing Clients from Beginning to End

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Author: A. G. Harmon

Publisher: LexisNexis

ISBN: 142242992X

Category: Attorney and client

Page: 141

View: 4383

Legal Argument: The Structure and Language of Effective Advocacy

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Author: James A. Gardner

Publisher: LexisNexis

ISBN: 032717708X

Category: Law

Page: 188

View: 6629

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.

Effective Appellate Advocacy

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Author: Frederick Bernays Wiener,Christopher T. Lutz,William Pannill

Publisher: American Bar Association

ISBN: 9781590312346

Category: Law

Page: 269

View: 4777

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.

Labor Law Analysis and Advocacy

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Author: Robert A. Gorman,Matthew W. Finkin

Publisher: Juris Publishing, Inc.

ISBN: 1578233259

Category: Law

Page: 1486

View: 5920

Labor Law Analysis and Advocacy presents in detail, but within a single volume, the interpretation of the National Labor Relations Act as developed by the federal courts and the National Labor Relations Board. The book explores the pertinent legal rules as currently interpreted and applied; as well as the evolution and underlying purposes of the rules, the persuasiveness of the court and NLRB decisions, and the significant open issues. A unique and important feature is the treatment of matters of practice, procedure and strategy that are of importance to the practicing attorney, whether representing management, labor, employees or the government. Practice tips are interspersed throughout as "Advocate Practice Points" translating the legal rules into advice and strategies. These tips address the practicalities of labor law, and set forth thoughtful advice for use in common real-life situations, from the perspective of both labor and management. Labor Law Analysis and Advocacy is largely derived from a treatise in the Hornbook series (West Publishing Co.) written initially in 1976 (by Professor Gorman) and revised by Professors Gorman and Finkin in 2004. The principal audiences for this publication are both generalist and specialist practitioners, ranging from those interested in an introduction to basic labor law principles to those interested in the specifics of their application, whether presenting cases before courts or the NLRB or advising clients about concerted activities or collective bargaining. Labor Law Analysis and Advocacy is also of value to federal judges and their law clerks, and to students doing basic or advanced study in labor law.

Making Your Case

The Art of Persuading Judges

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Author: Antonin Scalia,Bryan A. Garner

Publisher: West Legalworks

ISBN: 9780314184719

Category: Law

Page: 245

View: 5209

Presents the basics of writing legal briefs and giving oral arguments, with discussions on the essentials of building a case through legal reasoning and the key elements of persuasive and successful oral pleading in the courtroom.

The Art of Advocacy

Briefs, Motions, and Writing Strategies of America's Best Lawyers

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Author: Noah Messing

Publisher: Wolters Kluwer Law & Business

ISBN: 1454836288

Category: Law

Page: 300

View: 7216

The Art of Advocacy: Briefs, Motions, and Writing Strategies of America's Best Lawyers presents more than 150 examples of masterful advocacy to show lawyers how to write winning motions and briefs. The book focuses on the strategic and substantive choices that top litigators make, drawing examples from important, timely, and controversial cases. Detailed annotations give readers insight into what makes each document so effective. In addition to presenting a host of storytelling, stylistic, and organizational strategies, the book's examples demonstrate how to build and rebut different types of arguments. The Appendices provide a wealth of additional resources, including Karl Llewellyn's previously unpublished advice from 1957 about the art of advocacy, which one top law professor described as the "best advice on legal writing I've ever seen."

Tort Law

Principles in Practice

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Author: James Underwood

Publisher: Wolters Kluwer Law & Business

ISBN: 1454898461

Category: Law

Page: 996

View: 4943

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.

Storytelling for Lawyers

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Author: Philip Meyer

Publisher: Oxford University Press

ISBN: 0199910618

Category: Law

Page: 256

View: 3428

Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.

The Passionate Advocate

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Author: Tony Gifford

Publisher: Wildy, Simmonds & Hill Publishing

ISBN: N.A

Category: Lawyers

Page: 284

View: 7423

In this readable memoir, Lord Anthony Gifford distils his experiences of fighting for people’s rights in Britain, the Caribbean and internationally. He brings to his work a passion which will inspire all who care about justice. He presents remarkable insights into the ethics and techniques of an advocate for human rights. In this book, Gifford deals with issues and experiences arising from his work in the United Kingdom. He discusses the qualities needed to be an advocate for the poor; the relationship between justice and truth; the distortion of justice through political and racial prejudice; and the value of international human rights activity. Each chapter is illuminated with the author’s own remarkable experiences. He then explains how and why he set up practice in Jamaica. He discusses topics in which he has been closely involved and describes his own diverse practice, covering the rights of workers, prisoners and many others, and illustrating his belief that even in a struggling economy, the law can provide remedies for those whose rights have been abused. Finally, he tackles contemporary themes of reconciliation. He describes his role as counsel for the Wray family in the Bloody Sunday Inquiry in Northern Ireland. He draws on his experience of living in both the white world and the black world, in presenting a plea for reparation to be made for the damage still suffered by Africans and their descendants as a result of the transatlantic slave trade. His work as a champion of the underdog continues.

The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts

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Author: Bryan A. Garner

Publisher: Oxford University Press

ISBN: 9780199826629

Category: Law

Page: 528

View: 6449

Good legal writing wins court cases. It its first edition, The Winning Brief proved that the key to writing well is understanding the judicial readership. Now, in a revised and updated version of this modern classic, Bryan A. Garner explains the art of effective writing in 100 concise, practical, and easy-to-use sections. Covering everything from the rules for planning and organizing a brief to openers that can capture a judge's attention from the first few words, these tips add up to the most compelling, orderly, and visually appealing brief that an advocate can present. In Garner's view, good writing is good thinking put to paper. "Never write a sentence that you couldn't easily speak," he warns-and demonstrates how to do just that. Beginning each tip with a set of quotable quotes from experts, he then gives masterly advice on building sound paragraphs, drafting crisp sentences, choosing the best words ("Strike pursuant to from your vocabulary."), quoting authority, citing sources, and designing a document that looks as impressive as it reads. Throughout, he shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. Filled with examples of good and bad writing from actual briefs filed in courts of all types, The Winning Brief also covers the new appellate rules for preparing federal briefs. Constantly collecting material from his seminars and polling judges for their preferences, the second edition delivers the same solid guidelines with even more supporting evidence. Including for the first time sections on the ever-changing rules of acceptable legal writing, Garner's new edition keeps even the most seasoned lawyers on their toes and writing briefs that win cases. An invaluable resource for attorneys, law clerks, judges, paralegals, law students and their teachers, The Winning Brief has the qualities that make all of Garner's books so popular: authority, accessibility, and page after page of techniques that work. If you're writing to win a case, this book shouldn't merely be on your shelf--it should be open on your desk.

Cardinal rules of advocacy

understanding and mastering fundamental principles of persuasion

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Author: Douglas S. Lavine

Publisher: Natl Inst for Trial Advocacy

ISBN: N.A

Category: Law

Page: 265

View: 2962

The Appellate Jurisdiction of the Courts in Australia

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Author: Dean Mildren

Publisher: N.A

ISBN: 9781760020316

Category: Appellate courts

Page: 221

View: 557

This work provides a detailed examination of the appellate jurisdiction of the superior Australian courts, including the State and Territory Supreme Courts, Courts of Appeal and Courts of Criminal Appeal, the Federal Court of Australia, the Family Court of Australia and the High Court of Australia. The principles on which they act when deciding appeals both civil and criminal, including sentencing appeals and appeals by the Crown, are also dealt with. There is a separate chapter dealing with the Defence Force Discipline Appeal Tribunal which hears appeals from military tribunals constituted by Defence Force Magistrates or Courts Martial. The principles on which leave to appeal or special leave to appeal may be granted or refused are also covered. Civil and criminal appeals are dealt with separately. There are also chapters which provide practical guidelines on the preparation of the grounds of an appeal or leave application. Best practice in the drafting of outlines of argument, and of appellate advocacy, whether as appellant or respondent, are also discussed. Other topics which are incidental to appeals - such as bail applications, stay applications, security for costs, costs on appeal in both civil and criminal cases, parties to an appeal, amicus curiae and interveners - are also examined.