Effective Appellate Advocacy

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

Publisher: American Bar Association

ISBN: 9781590312346

Category: Law

Page: 269

View: 1483

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.

Effective Appellate Advocacy

Brief Writing and Oral Argument

Author: Carole Berry,Raymond Ripple

Publisher: West Academic Publishing

ISBN: 9780314278395

Category:

Page: 450

View: 8173

This text is designed for both law students and lawyers. Analysis begins by over-viewing the appellate process including factors to consider before appealing. Ethics of advocacy as informed by the Model Rules with internet sites provide the latest information. Sound persuasive theory is developed. Preparation for and writing the opening, answering, and reply briefs, including examples follows. Preparation and presentation of the oral argument with examples concludes the appeal and post-argument procedures such as post-argument memos and petition for rehearing. Closing the case after appeal concludes the text.

Patent Appeals

The Elements of Effective Advocacy in the Federal Circuit

Author: Mark Simon Davies

Publisher: OUP USA

ISBN: 9780195338348

Category: Law

Page: 311

View: 6341

The need for a legal "Elements of Style" aimed at U.S. patent litigators has long been acknowledged by patent law attorneys and judges within the Federal Circuit. The United States Court of Appeals for the Federal Circuit has recently embarked on a campaign to improve the quality of briefing. With Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit, Mark Davies has provided attorneys with an indispensable guide to briefing and arguing cases before the Federal Circuit. Patent Appeals: The Elements of Effective Advocacy in the Federal Circuit is a practical guide to appellate advocacy for patent attorneys appearing before the federal appellate court responsible for patent law. The book guides readers through the organizational requirements needed for a Federal Circuit appellate brief, as set out in the Federal Rules of Appellate Procedure, with an emphasis on developing an appellate style for briefing a patent appeal. It is an essential manual of instruction for litigators and anyone interested in understanding the procedures of writing a winning appellate brief and presenting it in court. Topics include clear writing, the importance of presentation, the types of arguments most likely to succeed, and the formal requirements for filing a brief. Other issues include effective oral argument presentation and petitions for panel rehearing and rehearing en banc. Samples (all written by the author) are included.

A Practical Guide to Appellate Advocacy

Author: Mary Beth Beazley

Publisher: Aspen Publishers

ISBN: 1454896345

Category: Law

Page: 512

View: 6179

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

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

Publisher: LexisNexis

ISBN: 0769849113

Category: Appellate procedure

Page: 364

View: 6990

Advanced Appellate Advocacy

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: 4371

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

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

Author: Hon. Ruggero J. Aldisert

Publisher: LexisNexis

ISBN: 1632814099

Category: Law

Page: N.A

View: 5525

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

Briefing and Arguing Federal Appeals

Author: Frederick Bernays Wiener

Publisher: The Lawbook Exchange, Ltd.

ISBN: 1584771836

Category: Law

Page: 506

View: 7430

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. "

Persuasive Written and Oral Advocacy in Trial and Appellate Courts

Author: Michael R. Fontham,Michael Vitiello

Publisher: Wolters Kluwer Law & Business

ISBN: 1454828862

Category: Law

Page: 460

View: 9665

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 Argument: The Structure and Language of Effective Advocacy

Author: James A. Gardner

Publisher: LexisNexis

ISBN: 032717708X

Category: Law

Page: 188

View: 6205

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.

Point Made

How to Write Like the Nation's Top Advocates

Author: Ross Guberman

Publisher: Oxford University Press

ISBN: 0199943850

Category: Law

Page: 352

View: 8912

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.

Advanced Appellate Advocacy

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

Publisher: Wolters Kluwer Law & Business

ISBN: 1454876042

Category: Law

Page: 416

View: 4693

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

Florida Appellate Practice

Author: The Florida Bar Continuing Legal Education

Publisher: LexisNexis

ISBN: 1522123563

Category: Law

Page: N.A

View: 4137

The new Tenth Edition is the go-to source that addresses practical issues about appellate practice in Florida. Turn to this manual for guidance on filing a notice of appeal, determining which orders are appealable, preparing motions, and many other essential practice concerns. The manual covers civil, criminal, administrative, and juvenile delinquency appeals. Highlights of the Tenth Edition include: Intro note from Chief Justice Labarga Updates of rules of court procedure, particularly regarding technology and filing, and Rules Regulating The Florida Bar, particularly regarding ethics Practical updates of specific district courts of appeal clerical procedure Extensive update and rewrite regarding administrative law appeals Thorough update of case law throughout Explanations of attorneys’ fees and costs in different types of appeals Explanations of possible consequences for attorney’s actions or lack of timely actions in appellate courts

Appellate Advocacy in a Nutshell

Author: Alan D. Hornstein

Publisher: West Academic Publishing

ISBN: 9780314223784

Category: Law

Page: 323

View: 8171

Effective Advocacy: in General; Theme; Structure; Appellate Process: Overview, Review Standards, Record, Jurisdiction. Multi-Judge Panels; Levels of Review: State Intermediate Courts, State Courts of Last Retort, Federal Courts of Appeals, Supreme Court; Taxonomy of Cases: Importance of Classification, Procedure; Criminal, Contracts, Torts, Administrative, Statutory, Constitutional; Arguments: In General, Fact; Doctrine, Policy; Process, Institutional; The Brief: Formalities, Petitioner, Respondent, Reply Briefs, Amicus, Questions Presented, Front Matter, Point Headings, Statement of Facts, Summary of Argument, Footnotes; Oral Argument: Preparation, Formalities, Style, First Petitioner, Second Petitioner, First Respondent, Second Respondent, Rebuttal, Authority, Hot and Cold Benches, Questions, Concluding; A Way of Working: Planning the Oral Argument, Learning From Experience, Planning, Performing and Reviewing Recursively (The Brief); Integrity of Argument.

Making Your Case

The Art of Persuading Judges

Author: Antonin Scalia,Bryan A. Garner

Publisher: West Legalworks

ISBN: 9780314184719

Category: Law

Page: 245

View: 6208

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.

How to Handle an Appeal

Author: Herbert Monte Levy

Publisher: Practising Law Institute

ISBN: 9780872241237

Category: Law

Page: 870

View: 447

How to Handle an Appeal gives you the winning edge at every stage of the process--from preserving points for appeals and perfecting appeals, to drafting persuasive briefs and delivering compelling oral arguments, to protecting clients' interests after the decisions.

Brief Writing & Oral Argument

Author: Edward Domenic Re,Joseph R. Re

Publisher: Oxford University Press on Demand

ISBN: 9780379215335

Category: Language Arts & Disciplines

Page: 334

View: 4069

In its ninth edition, Brief Writing and Oral Argument has been updated with a new section on legal writing and is revised throughout to integrate information on electronic legal research. Former Judge Edward D. Re and litigator Joseph Re lead the reader through each step of the legal writing and oral argument process highlighting and addressing the nuances of trial practice as only a veteran judge and lawyer can.

Effective Lawyering

A Checklist Approach to Legal Writing and Oral Argument

Author: Austen L. Parrish,Dennis T. Yokoyama

Publisher: N.A

ISBN: 9781594603488

Category: Law

Page: 155

View: 9860

Effective Lawyering concisely describes useful, yet often neglected, writing techniques. The book has pithy discussions of: (1) ways to avoid recurring, yet frequently overlooked, writing problems; (2) sensible approaches to writing common legal documents; and (3) methods for preparing an oral argument. In addition, it provides the reader with a series of checklists to turn to when undertaking a writing project or preparing for oral argument. This book is for law students and practitioners who want to be refreshed on the fundamentals of effective lawyering: fundamentals that they likely learned the first year of law school, but perhaps have forgotten.