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: 8977

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.

Appellate advocacy

principles and practice

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Author: Ursula Bentele,Eve Cary

Publisher: Anderson Pub Co

ISBN: N.A

Category: Law

Page: 381

View: 3590

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: 8399

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: 8407

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

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

Publisher: American Bar Association

ISBN: 9781590312346

Category: Law

Page: 269

View: 3984

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.

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: 2259

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. "

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: 614

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

A Treatise on the Law of Income Taxation Under Federal and State Laws

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Author: Henry Campbell Black

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584772379

Category: Law

Page: 403

View: 5915

Black, Henry Campbell. A Treatise on the Law of Income Taxation under Federal and State Laws. Kansas City: Vernon Law Book Co., 1913. xlii, 403 pp. Reprinted 2002 by The Lawbook Exchange, Ltd. ISBN 1-58477-237-9. Cloth. $85. * In 1913, the Sixteenth Amendment, which authorized income taxation, was ratified by the required three-fourths majority of states. Black [1860-1927] published this work soon after this historic event in order to define the nature of taxable income, explain the history of income taxation and defend the government's right to impose it. He is guided throughout by a Progressive-Era belief in the federal government as an agent of social reform. Black is also the author of the well-known Law Dictionary.

Learning Criminal Law as Advocacy Argument

Complete with Exam Problems & Answers

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Author: John Delaney

Publisher: John Delaney Publications

ISBN: 0960851461

Category: Criminal law

Page: 445

View: 5669

More than most other books about the criminal law, this presentation focuses on "Learning Criminal Law as Advocacy Argument." In each criminal-law topic, it presents in building-block form the limited repertoire of core issues and related arguments so that you can concentrate on learning and practicing those that your professor has stressed in class, in her materials, and on her old exams. You can know the issues on the exam before you go into the exam room.In each criminal-law topic there is a limited repertoire of core issues that must be identified and then resolved with advocacy argument. This pattern of issues and arguments arises from embedded and recurring factual patterns and the resulting criminal law performance of prosecutors, defense lawyers, and trial and appellate judges over decades and even centuries. Your professor presents only some of the core issues and related arguments from these repertoires in her course and on her criminal-law exam. Thus, you can systematically learn the set of core issues and arguments in each topic presented by your and know the issues before you go into the exam room. The exam then presents no surprises.What do you mean by resolving the core issues "with advocacy argument?"Identifying the core issues from your professor?s course is the first critical task. The second critical task is resolving these issues with advocacy argument. Advocacy argument is the lawyer?s single-minded marshalling of the relevant facts and doctrine that are necessary to resolve the identified issues in favor of either the prosecution or defense. This book helps you with both tasks: identifying the exam issues and resolving them.

Evidence and the Advocate: A Contextual Approach to Learning Evidence

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Author: Christopher W. Behan

Publisher: LexisNexis

ISBN: 0327175044

Category: Law

Page: 736

View: 462

Evidence and the Advocate teaches each rule of evidence using a three pronged approach: (1) a treatise-like explanation of the rule, its purposes, exceptions and foundations; (2) cases, discussion questions and hypothetical problems related to the rule; and (3) an application section in which the students must prepare a courtroom exercise putting the rule into action. This approach forms a teaching template for each rule of evidence. Each application exercise stands alone and has been designed to illuminate the rule being taught. The application exercises range from simple form-of-question drills to full-fledged evidentiary hearings. Some require minimal preparation, and others require significant out-of-class research and preparation. In the exercises, students serve as attorneys, witnesses, judges, and, in the more involved exercises, as a court of appeals. The exercises build on each other. The initial exercises focus on fundamental advocacy skills such as conducting a direct examination or laying the foundation for an exhibit. Later exercises incorporate these foundational skills for more complicated tasks such as writing a motion, impeaching a witness, or conducting a Daubert hearing on the reliability of expert testimony.

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: 682

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.

Modern Trial Advocacy

Analysis and Practice

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Author: Steven Lubet

Publisher: Ntl Inst for Trial Advocacy

ISBN: 9781556818868

Category: Law

Page: 563

View: 7087

The Winning Oral Argument

Enduring Principles with Supporting Comments from the Literature

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Author: Bryan A. Garner

Publisher: West Academic

ISBN: N.A

Category: Law

Page: 262

View: 7176

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.

Appellate advocacy

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Author: Peter J. Carre,Azike A. Ntephe,American Bar Association. Standing Committee on Continuing Education of the Bar,American Bar Association. Young Lawyers Division

Publisher: A B a Professional Education Publications

ISBN: N.A

Category: Law

Page: 283

View: 3330

Lawyers and Justice

An Ethical Study

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Author: David Luban

Publisher: Princeton University Press

ISBN: 9780691022901

Category: Law

Page: 440

View: 9078

The law, Holmes said, is no brooding omnipresence in the sky. "If that is true," writes David Luban, "it is because we encounter the legal system in the form of flesh-and-blood human beings: the police if we are unlucky, but for the (marginally) luckier majority, the lawyers." For practical purposes, the lawyers are the law. In this comprehensive study of legal ethics, Luban examines the conflict between common morality and the lawyer's "role morality" under the adversary system and how this conflict becomes a social and political problem for a community. Using real examples and drawing extensively on case law, he develops a systematic philosophical treatment of the problem of role morality in legal practice. He then applies the argument to the problem of confidentiality, outlines an affordable system of legal services for the poor, and provides an in-depth philosophical treatment of ethical problems in public interest law.

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: 2816

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.

Report from the select committee of the House of Lords, appointed to inquire whether it is expedient to make any, and, if so, what provision for more effectually securing the efficient exercise of the functions of this House as a court of appellate jurisdiction

and further, how any such provision would affect the general character of this House : and to report thereon to the Committee, and minutes of evidence : session 1856

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Author: Great Britain. Parliament. House of Lords. Select Committee Appointed to Inquire Concerning the Appellate Jurisdiction of the House,Baron John Campbell Campbell

Publisher: N.A

ISBN: N.A

Category: Law

Page: 185

View: 8879