Step-by-step practical analysis of written and oral arguments, with expert advice on preparation and presentation. Included are sample written briefs and oral arguments in products liability cases, medical malpractice cases, and wrongful death actions. Arguments are compared, do's and don'ts are highlighted, and checklists are provided.
A comprehensive source of the most authoritative statements of the International Criminal Court's appellate jurisprudence. Its clear format includes commentaries followed by excerpts of the decisions and judgments, carefully selected by lawyers based on their relevance and grouped by topic. It provides a practical background to the International Criminal Court's appellate jurisprudence from experienced current and former Appeals Counsel of the Office of the Prosecutor of the Court, highlighting pertinent issues. In doing so, readers are given the tools to discern the meaning of the case law themselves, while attention is drawn to the most important developments in the jurisprudence. This text presents an authoritative and comprehensive digest of the Appeals Chamber's jurisprudence, bringing the relevant case extracts together for the first time with clear and informative commentary.
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.
Civil justice has been undergoing a massive transformation. There have been big changes in the management of judicial business; the Human Rights Act 1988 has had a pervasive impact; the Constitutional Reform Act 2005 has effected many changes - notably, the prospective transfer of the appellate jurisdiction of the House of Lords to a new Supreme Court. Against this backcloth of radical change, this book looks at the recent history and the present-day operation of the civil division of the Court of Appeal - a court that, despite its pivotal position, has attracted surprisingly little scholarly attention. It examines the impact of the permission to appeal requirements, and the way in which applications - particularly those by litigants in person - are handled; it looks at the working methods of the Lords Justices and at the leadership of the Court by recent Masters of the Rolls; it considers the relationship between the Court and the House of Lords - looking at high-profile cases in which the Court has been reversed by the Lords. Notwithstanding the impending arrival of the Supreme Court, it concludes that 'the Court of Appeal will remain firmly in place, occupying its crucial position as, to all intents and purposes, the court of last resort-indeed, a supreme court-for most civil appellants.'
For Richard Posner, legal formalism and formalist judges--notably Antonin Scalia--present the main obstacles to coping with the dizzying pace of technological advance. Posner calls for legal realism--gathering facts, considering context, and reaching a sensible conclusion that inflicts little collateral damage on other areas of the law.
David J. Beck,T. J. Dammrich,Asim K. Desai,Margaret M. Drugan,Brendan Hanrahan,Ronna D. Kinsella,Denise M. Motta,Lynn H. Murray,T. Dylan Reeves,Bryon A. Rice,Matt Sekits,Hieu Tran Williams,Sandra J. Wunderlich
Author: David J. Beck,T. J. Dammrich,Asim K. Desai,Margaret M. Drugan,Brendan Hanrahan,Ronna D. Kinsella,Denise M. Motta,Lynn H. Murray,T. Dylan Reeves,Bryon A. Rice,Matt Sekits,Hieu Tran Williams,Sandra J. Wunderlich
This first-of-its-kind treatment of U.S. Trademark Trial and Appeal Board Proceedings (TTAB) is written by a veritable â€˜Whoâ€™s Whoâ€™ of trademark lawyers and specialists in the practice. It combines legal expertise with practical insights on all facets of TTAB practice and procedure, providing insightful commentary on each facet of Board practice, including inter partes proceedings; disclosures and discovery; motion practice; evidence and the use of experts; oral arguments; appeals; settlement and alternative dispute; and ethics. Each chapter includes a checklist of items that should be considered during each stage of a Board proceeding.
Provides a guide to legal citation information inthe United States. Compiled from the Columbia LawReview, 105th edition, c2005; Harvard Law Review,118th edition, c2005; Univ. of Pennsylvania LawReview, 153rd edition, c2005; and the Yale LawJournal, 114th edition, c2005. New edition offersthe Bluepages for beginning law students.
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
This title highlights practical and strategic concerns unique to the appellate process in Texas courts. (Standards and techniques of advocacy, arguments, interaction with opposing counsel and judges.) ***Is a collaborative effort of 12 experienced appellate advocates, all members of Alexander Dubose, Jefferson & Townsend LLP, a firm comprised of only appellate counsel. ***Includes a downloadable eBook with your print purchase, with hyperlinks to the full text of cases, statutes and other authoritative content.
For weeks in 1902 it commanded headlines. All of Wyoming and much of the West followed the trial of Tom Horn for the murder of a fourteen-year-old boy. John W. Davis’s book, the only full-length account of the trial, places it in perspective as part of a larger struggle for control of Wyoming’s grazing land. Davis also portrays an enigmatic defendant who, more than a century after his conviction and hanging, perplexes us still. Tom Horn was one of the most fascinating figures in the history of the West. Employed as a Pinkerton and then as a range detective, he had a reputation as a loner and a braggart with a brutal approach to law enforcement even before he was accused of murdering young Willie Nickell. Cattlemen saw Horn as protecting their way of life, but most people in Wyoming saw him as a hired assassin, an instrument of oppression by cattle barons willing to use violent intimidation to protect their assets. The story began on July 18, 1901, when Willie Nickell was shot by a gunman lying in ambush; the killer was apparently after Willie’s father, who had brought sheep into the area. Six months later Tom Horn was arrested. The trial pitted the Laramie County district attorney against a crack team of defense lawyers hired by big cattlemen. Against all predictions, the jury found Horn guilty of first-degree murder. Despite appeals that went all the way to the state supreme court and the governor, Horn was hanged in Cheyenne in 1903. The trial and conviction of Tom Horn marked a major milestone in the hard-fought battle against vigilantism in Wyoming. Davis, himself a trial lawyer, has mined court documents and newspaper articles to dissect the trial strategies of the participating attorneys. His detailed account illuminates a larger narrative of conflict between the power of wealth and the forces of law and order in the West.