Author: Frederick Bernays Wiener,Christopher T. Lutz,William Pannill
Publisher: American Bar Association
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.
Text is designed to be helpful particularly to lawyers inexperienced in appellate advocacy. The analysis begins with an overview of appellate procedure and then examines the concept of persuasion. Explores the constructs of solid brief writing and oral argument, and provides exercises in preparing a persuasive document as well as an effective and convincing oral argument. Coverage includes: the decision to appeal, technicalities of the appeal, a primer on persuasion, preparation and writing the opening brief, appellee and reply briefs, preliminary considerations before argument, preparation for and presentation of the oral argument, post-argument memoranda, and briefs and petitions for rehearing.
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
Susan E. Provenzano,Sarah O. Schrup,Carter G. Phillips,Jeffrey T. Green
Author: Susan E. Provenzano,Sarah O. Schrup,Carter G. Phillips,Jeffrey T. Green
Publisher: Wolters Kluwer Law & Business
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
This concise paperback takes a process approach to teaching how to write an appellate brief. True to its title, A Practical Guide to Appellate Advocacy zeroes in on the specific steps that lead to success in the real world of appellate practice. When you examine A Practical Guide to Appellate Advocacy, you will find: complete coverage, including audience analysis, an overview of appellate practice, appellate standards of review, writing an appellate brief, reviewing the case record, employing selected legal research techniques, and methods for constructing an effective argument class-tested materials developed by a nationally known teacher who blends a readable, accessible style with practical substantive coverage a unique exercise called the Self-Graded Draft, which teaches students to recognize strengths, weaknesses, and gaps in their analytical writing numerous examples of both good and bad writing, with a special icon to denote bad examples appendices containing sample briefs, which are annotated to identify strengths and explain why the writer chose a particular technique thorough chapters on Oral Argument and Moot Court Competitions A complete teaching package includes a comprehensive Teacher's Manual, also available on CD-ROM, with optional exercises, sample syllabi, teaching tips for each chapter, sample criteria sheets for an annotated outline, a macro draft, a micro draft, a final draft, a practice argument, and a performance argument.
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.
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.
The Elements of Effective Advocacy in the Federal Circuit
Author: Mark Simon Davies
Publisher: OUP USA
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.
Trial and Appellate Advocacy, Contracts, and Correspondence
Author: Charles R. Calleros,Kimberly Y.W. Holst
Publisher: Wolters Kluwer Law & Business
An ideal text for a second semester legal writing or advanced writing course, the Legal Method and Writing II, Eighth Edition immerses students in the world of appellate briefs, pleadings, motions, contracts, and professional correspondence. This revision expands coverage of motions to dismiss, while maintaining in-depth coverage of complaints, answers, motions for summary judgment, and motions in limine to exclude evidence. Numerous illustrations, sample documents, and exercises address issues ranging from enforcement of marriage contracts to sexual harassment in the workplace. Key Features: Introductory chapters on fundamentals of written advocacy, including ethical concerns, strategic considerations, organization, writing style, issue statements, point headings, and effective presentation of rules and fact analysis In-depth discussion of trial briefs: pleadings, motion to dismiss, motion for summary judgment, judgment, and motion in limine to exclude evidence, with numerous illustrations and sample documents Comprehensive discussion of appellate briefs and appellate standards of review, with sample briefs and special attention to policy arguments Introduction to contract drafting The addition of “soft skills” (e.g. rapport building) Chapters on advice and demand letters Examples and illustrations throughout the text Numerous exercises and assignments in the main text and in the appendices
The book will help you deal effectively with situations you face over and over again in the preparation and presentation of a case for trial. It provides you with strategies for simplifying complex evidence, handling criminal trials, facing grand juries, and arguing before the Supreme Court. It also informs you about the perceptions of jurors, witnesses, and judges; about appellate advocacy from both sides of the bench; and much more. And it contains some of the best legal writing available-clear, informal and never dull. Whether you are a new lawyer or an experienced litigator, you will find innovative ideas and step-by-step advice that you can put to immediate use in your practice.
Mary Beth Beazley's highly regarded A Practical Guide to Appellate Advocacy, Third Edition, 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. This accessible paperback: provides a complete introduction to the techniques and process of writing appellate briefs emphasizes the process approach to writing, beginning with large-scale issues such as content and organization, moving to smaller-scale issues such as signals to the reader, and ending on the smallest-scale concerns of format and polishing methods includes an appendix with four sample briefs with annotations that identify strengths of the brief and/or why the writer chose a particular technique shows students how to effectively use abstract formulas such as IRAC or CREXAC when they are writing teaches students how to revise and improve their work by using the self-graded draft Improvements to the updated Third Edition include: Chapters have been reorganized to separate motion briefs from appellate briefs to allow professors to assign focused readings more easily The section on standards of review for a motion to dismiss has been updated to reflect Supreme Court decisions in "Twombly" and "Iqbal" Enhanced and refined discussions of: How to write effective topic sentences arguing that a rule does or does not apply to the case Using introductory material effectively to set the stage for the argument How to "harvest" arguments from non-mandatory courts How and where to deal with opponent's arguments A Practical Guide to Appellate Advocacy, Third Edition, offers practical advice with specific techniques that encourages students to develop new skills and greater confidence.