Winning On Appeal Better Briefs and Oral Argument Second Edition

Author: Hon. Ruggero J. Aldisert
Publisher: LexisNexis
ISBN: 1632814099
Format: PDF, ePub
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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

Winning on Appeal

Author: Tessa L. Dysart
Publisher:
ISBN: 9781601567246
Format: PDF, Docs
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"To celebrate the twenty-fifth anniversary of the book’s release, [the authors] carry on the Aldisert tradition of revealing the 'nuts and bolts' of how to prepare an effective brief with the nuanced art of a delivering a persuasive appeal to the court. [This] update is replete with dozens of interviews with leading appeals judges and practitioners—treasured guidance from a bona fide who’s who of appellate advocacy in America—and escorts readers into the 'wired' courtroom of the twenty-first century, where they explore the benefits and challenges of melding technology with appellate advocacy."--

Briefing and Arguing Federal Appeals

Author: Frederick Bernays Wiener
Publisher: The Lawbook Exchange, Ltd.
ISBN: 1584771836
Format: PDF, Mobi
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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. "

Logic for Lawyers A Guide to Clear Legal Thinking

Author: NITA
Publisher: LexisNexis
ISBN: 1632813122
Format: PDF, Mobi
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To win in court, you must master the elements of legal logic - the ultimate tool of persuasion in the courtroom. In Logic for Lawyers: A Guide to Clear Legal Thinking, Senior U.S. Circuit Judge Ruggero J. Aldisert, tells how to use legal reasoning to persuade judges and juries. A 30-year veteran of the bench, Aldisert helps litigators understand and apply the elements of legal logic. Using these skills, you can argue more persuasively - both in briefs and before the court. And just as critically, you can also expose flaws in adversaries' arguments. The result? A competitive edge in the courtroom. Rather than miring readers in exotic formulas and theories often found in logic texts, Aldisert explains in broad strokes the basics of logic and its application to legal thinking. You'll gain important insight into the mental processes we use in "thinking like a lawyer." Reviews "This is a book about legal reasoning or legal logic. While not challenging Justice Holmes' classic statement, 'The life of the law has not been logic; it has been experience,' it offers telling arguments that legal reasoning, or legal logic, may plan an equal or even more significant role in the life of the law ... All judges, lawyers, and law students will greatly profit by reading it." -William J. Brennan, Jr., U.S. Supreme Court Justice (Ret.) "Logic for Lawyers is the product of a keen mind that has benefited from opportunities to engage in and examine legal thinking from a variety of perspectives. This volume fills a surprising void in the current legal literature. Its publication should be particularly welcomed by law students and those who teach them." -Mark A. Nordenberg, Chancellor and Professor of Law, University of Pittsburgh The eBook versions of this title feature links to Lexis Advance for further legal research options.

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

Author: Bryan A. Garner
Publisher: Oxford University Press
ISBN: 9780199826629
Format: PDF, Mobi
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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.

Making Your Case

Author: Antonin Scalia
Publisher: West Legalworks
ISBN: 9780314184719
Format: PDF
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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.

The Nominee

Author: Leslie H. Southwick
Publisher: Univ. Press of Mississippi
ISBN: 1617039136
Format: PDF, Mobi
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President George W. Bush nominated Leslie H. Southwick in 2007 to the federal appeals court, Fifth Circuit, based in New Orleans. Initially, Southwick seemed a consensus nominee. Just days before his hearing, though, a progressive advocacy group distributed the results of research it had conducted on opinions of the state court on which he had served for twelve years. Two opinions Southwick had signed off on but not written became the center of the debate over the next five months. One dealt with a racial slur by a state worker, the other with a child custody battle between a father and a bisexual mother. Apparent bipartisan agreement for a quick confirmation turned into a long set of battles in the Judiciary Committee, on the floor of the Senate, and in the media. In early August, Senator Dianne Feinstein completely surprised her committee colleagues by supporting Southwick. Hers was the one Democratic vote needed to move the nomination to the full Senate. Then in late October, by a two-vote margin, he received the votes needed to end a filibuster. Confirmation followed. Southwick recounts the four years he spent at the Department of Justice, the twelve years on a state court, and his military service in Iraq while deployed with a Mississippi National Guard Brigade. During the nomination inferno Southwick maintained a diary of the many events, the conversations and emails, the joys and despairs, and quite often, the prayers and sense of peace his faith gave him—his memoir bears significant spiritual content. Throughout the struggle, Southwick learned that perspective and growth are important to all of us when making decisions, and he grew to accept his critics, regardless of outcome. In The Nominee there is no rancor, and instead the book expresses the understanding that the difficult road to success was the most helpful one for him, both as a man and as a judge.

Gideon s Trumpet

Author: Anthony Lewis
Publisher: Vintage
ISBN: 030780528X
Format: PDF, Mobi
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A history of the landmark case of James Earl Gideon's fight for the right to legal counsel. Notes, table of cases, index. The classic backlist bestseller. More than 800,000 sold since its first pub date of 1964.

Advanced Appellate Advocacy

Author: Susan E. Provenzano
Publisher: Wolters Kluwer Law & Business
ISBN: 1454847204
Format: PDF, ePub
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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