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: 9557

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.

The Winning Brief

100 Tips for Persuasive Briefing in Trial and Appellate Courts

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Author: Bryan Garner

Publisher: Oxford University Press, USA

ISBN: 9780199378357

Category: Law

Page: 775

View: 5854

In its first two editions, The Winning Brief explained the art of effective writing in 100 concise, practical, and easy-to-use tips, proving that the key to writing well is to understand the judicial readership. This third edition of Bryan A. Garner's modern classic delivers the same invaluable guidelines with even more supporting evidence. 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. Every tip begins with a set of quotable quotes from experts, followed by Garner's 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, Garner shows how to edit for maximal impact, using vivid before-and-after examples that apply the basics of rhetoric to persuasive writing. In this much-expanded third edition, Garner has perfected the text with nine new tips, hundreds of new examples, and amplified explanations throughout-all in his trademark style. Among the new sections are tips on understanding judges' reading habits, answering opponents' arguments, writing effective reply briefs, using authorities persuasively, and organizing arguments based on statutes and contracts. Quotable quotes, which Garner carefully assembled after years of wide reading and close study, have been expanded and improved throughout the book. There is also a new appendix on a remarkable brief that some consider the best ever written ("a beautiful marriage of rhetorical skill, thorough research, and humane lawyering"). Perhaps the biggest change to this edition is that every tip now ends with a summary checklist that recaps and crystalizes the subpoints just covered, with further ideas for improvement. Garner conceived these checklists in part as a way to help readers approach his book as a set of 100 tutorials. Reviewing and practicing each tip will offer brief-writers a degree of mastery that more cavalier colleagues will find difficult to equal. 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.

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

100 Tips for Persuasive Briefing in Trial and Appellate Courts

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Author: Bryan A. Garner

Publisher: Oxford University Press, USA

ISBN: 9780195170757

Category: Law

Page: 528

View: 3656

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.

Winning On Appeal: Better Briefs and Oral Argument, Second Edition

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Author: Hon. Ruggero J. Aldisert

Publisher: LexisNexis

ISBN: 1632814099

Category: Law

Page: N.A

View: 7886

Winning on Appeal has been adopted by top-flight law schools for appellate advocacy courses. It also has become a popular desk reference on how to write an effective brief and deliver a persuasive oral argument. In the Second Edition, Ruggero J. Aldisert, a 40-year veteran of the federal appeals bench, fundamentally reorganizes the book. By creating 25 chapters in place of the previous 17, Aldisert creates a wonderfully instructive how-to manual for the appellate advocate and a must volume for those who select appellate advocates. Throughout Winning on Appeal, 19 current chief justices of state courts, nine chief judges of U.S. Courts of Appeals, more than 20 U.S. Circuit and state appellate judges contribute their thoughts on how to write a brief and how to argue a case-information that is not available in any other publication or resource. Judge Aldisert draws the perfect roadmap for the attorney who wants to win on appeal. Reviews "With 35 years on the appellate bench, Judge Aldisert has a huge network of friends in judicial and appellate practitioner ranks - people who now provide quotable guidance throughout his book, in one or a few sentences, on everything from perfecting the written argument to pet peeves, from vignettes on being persuasive to a "compendium of advice" on what makes a brief effective." -Oregon Bar Bulletin "Winning on Appeal is an impressive achievement. Appellate lawyers and judges will profit immensely from consulting it." -William J. Brennan, Jr., Justice, U.S. Supreme Court (1957-1990) "Told from a judge's viewpoint, the book is an expose of appellate lawyering from the other side of the bench. It fills a curious void in the existing literature on appellate advocacy, until now authored almost exclusively by non-judges. While practitioners and academics often have invaluable insights, theirs is only half the story." -Alex Kozinski, Judge, U.S. Court of Appeals for the Ninth Circuit

Point Made

How to Write Like the Nation's Top Advocates

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Author: Ross Guberman

Publisher: Oxford University Press

ISBN: 0199943850

Category: Law

Page: 352

View: 1852

In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.

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: 3077

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. "

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: 7721

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.

Garner on Language and Writing

Selected Essays and Speeches of Bryan A. Garner

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Author: Bryan A. Garner

Publisher: American Bar Association

ISBN: 9781604424454

Category: Law

Page: 839

View: 6904

Since the 1987 appearance of A Dictionary of Modern Legal Usage, Bryan A. Garner has proved to be a versatile and prolific writer on legal-linguistic subjects. This collection of his essays shows both profound scholarship and sharp wit. The essays cover subjects as wide-ranging as learning to write, style, persuasion, contractual and legislative drafting, grammar, lexicography, writing in law school, writing in law practice, judicial writing, and all the literature relating to these diverse subjects.

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: 340

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

Legal Writing in Plain English

A Text with Exercises

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Author: Bryan A. Garner

Publisher: University of Chicago Press

ISBN: 0226284182

Category: Business & Economics

Page: 227

View: 7439

Admirably clear, concise, down-to-earth, and powerful-unfortunately, these adjectives rarely describe legal writing, whether in the form of briefs, opinions, contracts, or statutes. In Legal Writing in Plain English, Bryan A. Garner provides lawyers, judges, paralegals, law students, and legal scholars sound advice and practical tools for improving their written work. The book encourages legal writers to challenge conventions and offers valuable insights into the writing process: how to organize ideas, create and refine prose, and improve editing skills. In essence, it teaches straight thinking—a skill inseparable from good writing. Replete with common sense and wit, the book draws on real-life writing samples that Garner has gathered through more than a decade of teaching in the field. Trenchant advice covers all types of legal materials, from analytical and persuasive writing to legal drafting. Meanwhile, Garner explores important aspects of document design. Basic, intermediate, and advanced exercises in each section reinforce the book's principles. (An answer key to basic exercises is included in the book; answers to intermediate and advanced exercises are provided in a separate Instructor's Manual, free of charge to instructors.) Appendixes include a comprehensive punctuation guide with advice and examples, and four model documents. Today more than ever before, legal professionals cannot afford to ignore the trend toward clear language shorn of jargon. Clients demand it, and courts reward it. Despite the age-old tradition of poor writing in law, Legal Writing in Plain English shows how legal writers can unshackle themselves. Legal Writing in Plain English includes: *Tips on generating thoughts, organizing them, and creating outlines. *Sound advice on expressing your ideas clearly and powerfully. *Dozens of real-life writing examples to illustrate writing problems and solutions. *Exercises to reinforce principles of good writing (also available on the Internet). *Helpful guidance on page layout. *A punctuation guide that shows the correct uses of every punctuation mark. *Model legal documents that demonstrate the power of plain English.

The Elements of Legal Style

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Author: Bryan A. Garner

Publisher: Oxford University Press, USA

ISBN: 9780195141627

Category: Language Arts & Disciplines

Page: 268

View: 8490

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.

Reading Law

The Interpretation of Legal Texts

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Author: Antonin Scalia,Bryan A. Garner

Publisher: West Group

ISBN: 9780314275554

Category: Law

Page: 567

View: 7830

In this groundbreaking book, Scalia and Garner systematically explain all the most important principles of constitutional, statutory, and contractual interpretation in an engaging and informative style with hundreds of illustrations from actual cases. Is a burrito a sandwich? Is a corporation entitled to personal privacy? If you trade a gun for drugs, are you using a gun in a drug transaction? The authors grapple with these and dozens of equally curious questions while explaining the most principled, lucid, and reliable techniques for deriving meaning from authoritative texts. Meanwhile, the book takes up some of the most controversial issues in modern jurisprudence. What, exactly, is "textualism?" Why is "strict construction" a bad thing? What is the true doctrine of "originalism?" And which is more important: the spirit of the law, or the letter? The authors write with a well-argued point of view that is definitive yet nuanced, straightforward yet sophisticated.

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: 862

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."

The Question Presented

Model Appellate Briefs 2000

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Author: Maria L. Ciampi,William H. Manz

Publisher: Anderson Publishing Company

ISBN: 9781422415535

Category: Law

Page: 278

View: 8812

Point Taken

How to Write Like the World's Best Judges

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Author: Ross Guberman

Publisher: Oxford University Press

ISBN: 0190268603

Category: Law

Page: 352

View: 9338

In Point Taken, Ross Guberman delves into the work of the best judicial opinion-writers and offers a step-by-step method based on practical and provocative examples. Featuring numerous cases and opinions from 34 esteemed judges - from Learned Hand to Antonin Scalia - Point Taken, explores what it takes to turn "great judicial writing" into "great writing". Guberman provides a system for crafting effective and efficient openings to set the stage, covering the pros and cons of whether to resolve legal issues up front and whether to sacrifice taut syllogistic openings in the name of richness and nuance. Guberman offers strategies for pruning clutter, adding background, emphasizing key points, adopting a narrative voice, and guiding the reader through visual cues. The structure and flow of the legal analysis is targeted through a host of techniques for organizing the discussion at the macro level, using headings, marshaling authorities, including or avoiding footnotes, and finessing transitions. Guberman shares his style "Must Haves", a bounty of edits at the word and sentence level that add punch and interest, and that make opinions more vivid, varied, confident, and enjoyable. He also outlines his style "Nice to Haves", metaphors, similes, examples, analogies, allusions, and rhetorical figures. Finally, he addresses the thorny problem of dissents, extracting the best practices for dissents based on facts, doctrine, or policy. The appendix provides a helpful checklist of practice pointers along with biographies of the 34 featured judges.

Thinking Like a Writer

A Lawyer's Guide to Effective Writing and Editing

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Author: Stephen V. Armstrong,Timothy P. Terrell

Publisher: Practising Law Inst

ISBN: 9781402411281

Category: Law

Page: 427

View: 7573

Thinking Like a Writer: A Lawyer's Guide to Effective Writing and Editing gives you the specialized knowledge and techniques to draft clear and compelling legal documents, no matter how complicated the issues involved.

A Dictionary of Modern Legal Usage

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Author: Bryan A. Garner

Publisher: Oxford University Press, USA

ISBN: 9780195142365

Category: Law

Page: 953

View: 2214

Bryan A. Garner, an editor, academic and practicing lawyer, has written an accessible, authoritative, and up-to-date guide that will help anyone in the legal thicket to write better. "The most extensive resources available for legal word usage".--Library Journal.

The Lawyer's Guide to Writing Well

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Author: Tom Goldstein,Jethro K. Lieberman

Publisher: Univ of California Press

ISBN: 0520288432

Category: Law

Page: 296

View: 5272

This best-selling book outlines the causes and consequences of bad legal writing and prescribes straightforward, easy-to-apply remedies that will make your writing readable. Usage notes address lawyers' most common errors, and editing exercises allow readers to test their skills, making this an invaluable tool for practicing lawyers as well as a sensible grounding for law students. New sections in this edition: - Getting to the point - Communicating digitally - Writing persuasively - Twenty-five common mistakes"--Provided by publisher.

Typography for Lawyers

Essential Tools for Polished & Persuasive Documents

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Author: N.A

Publisher: N.A

ISBN: 9781598392623

Category: Layout (Printing)

Page: 240

View: 2518

The Redbook

A Manual on Legal Style

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Author: Bryan A. Garner,Jeff Newman,Tiger Jackson

Publisher: West Academic

ISBN: 9780314168917

Category: Law

Page: 510

View: 4594

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