Legal Argument

Legal Argument
Author: James A. Gardner
Publisher: LexisNexis/Matthew Bender
Total Pages: 196
Release: 2007
Genre: Law
ISBN:

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.

Art, Argument and Advocacy

Art, Argument and Advocacy
Author: John Meany
Publisher: IDEA
Total Pages: 390
Release: 2002
Genre: Debates and debating
ISBN: 9780970213075

Art, Argument and Advocacy offers a theoretical and practical foundation for effective participation in academic debate competition, as well as public debate and discussion events.

Making the Case

Making the Case
Author: Kathryn M. Olson
Publisher: MSU Press
Total Pages: 399
Release: 2012-11-01
Genre: Language Arts & Disciplines
ISBN: 1609173449

In an era when the value of the humanities and qualitative inquiry has been questioned in academia and beyond, Making the Case is an engaging and timely collection that brings together a veritable who’s who of public address scholars to illustrate the power of case-based scholarly argument and to demonstrate how critical inquiry into a specific moment speaks to general contexts and theories. Providing both a theoretical framework and a wealth of historically situated texts, Making the Case spans from Homeric Greece to twenty-first-century America. The authors examine the dynamic interplay of texts and their concomitant rhetorical situations by drawing on a number of case studies, including controversial constitutional arguments put forward by activists and presidents in the nineteenth century, inventive economic pivots by Franklin Roosevelt and Alan Greenspan, and the rhetorical trajectory and method of Barack Obama.

Argumentation

Argumentation
Author: Larry Underberg
Publisher: SAGE Publications
Total Pages: 276
Release: 2017-07-13
Genre: Language Arts & Disciplines
ISBN: 1506345697

Argumentation: The Art of Civil Advocacy teaches students the principles of argumentation as a practical way to engage in interpersonal and public deliberation. Authors Larry Underberg and Heather Norton offer a unique approach for creating civil discourse by encouraging students to consider how they argue with others to enhance or diminish opportunities for future dialogue. A variety of everyday examples are provided in the text to demonstrate how well-reasoned argumentation can strengthen communities and create productive citizenship. Students gain a better understanding for the situations, environments, and relationships that form the context for an advocate, and how those factors can influence discourse.

Introduction to Advocacy

Introduction to Advocacy
Author: Harvard Law School. Board of Student Advisers
Publisher: West Publishing Company
Total Pages: 222
Release: 1996
Genre: Law
ISBN:

Learning Criminal Law as Advocacy Argument

Learning Criminal Law as Advocacy Argument
Author: John Delaney
Publisher: John Delaney Publications
Total Pages: 467
Release: 2004
Genre: Criminal law
ISBN: 0960851461

More than most other books about the criminal law, this presentation focuses on "Learning Criminal Law as Advocacy Argument." In each criminal-law topic, it presents in building-block form the limited repertoire of core issues and related arguments so that you can concentrate on learning and practicing those that your professor has stressed in class, in her materials, and on her old exams. You can know the issues on the exam before you go into the exam room.In each criminal-law topic there is a limited repertoire of core issues that must be identified and then resolved with advocacy argument. This pattern of issues and arguments arises from embedded and recurring factual patterns and the resulting criminal law performance of prosecutors, defense lawyers, and trial and appellate judges over decades and even centuries. Your professor presents only some of the core issues and related arguments from these repertoires in her course and on her criminal-law exam. Thus, you can systematically learn the set of core issues and arguments in each topic presented by your and know the issues before you go into the exam room. The exam then presents no surprises.What do you mean by resolving the core issues "with advocacy argument?"Identifying the core issues from your professor?s course is the first critical task. The second critical task is resolving these issues with advocacy argument. Advocacy argument is the lawyer?s single-minded marshalling of the relevant facts and doctrine that are necessary to resolve the identified issues in favor of either the prosecution or defense. This book helps you with both tasks: identifying the exam issues and resolving them.

Trial Advocacy

Trial Advocacy
Author: Albert J. Moore
Publisher: West Academic Publishing
Total Pages: 372
Release: 1996
Genre: Law
ISBN:

Explains how to prepare a case for trial by identifying historical factual propositions that satisfy applicable legal elements; identifying evidence and inferences tending to prove or disprove the crucial factual propositions in a case; organizing evidence into persuasive arguments, whether the evidence is disputed or undisputed or suggests an implausibility in a witness' story; and understanding the influence of "silent arguments" and taking advantage of or countering such arguments. Illustrates interrelationship among evidence, argument, and technique. Sets forth and illustrates trial techniques so advocates can persuasively communicate their arguments to judges and jurors.

Arguments and Arguing

Arguments and Arguing
Author: Thomas A. Hollihan
Publisher: Waveland Press
Total Pages: 400
Release: 2022-05-06
Genre: Language Arts & Disciplines
ISBN: 1478649240

Arguing is a fundamental human activity; it is a process of making sense of the world and negotiating understandings with others. Arguing can be—and often is—healthy for both relationships and societies. The values of the community are shaped through people sharing their opinions, offering reasons in support of their beliefs, and deliberating. Hollihan and Baaske present techniques for effective analysis, logical reasoning, and socially constructive argumentation. They illustrate their discussions of theory and practice with multiple engaging examples. The book focuses on narrative—argument as a story backed by evidence to evaluate courses of action or to resolve conflicts. A chapter on visual argumentation highlights the power of visual elements in arguments. Effective arguing requires a sensitivity to the demands of different argumentative contexts. Readers will become familiar with the elements of argument essential for politics, the law, debate, business, and relationships. Narrative arguments are rational arguments. Learning about the narrative reasoning process helps us tell more convincing, credible, and compassionate stories—and to become better critics of the stories we hear.

Rhetoric in Human Rights Advocacy

Rhetoric in Human Rights Advocacy
Author: Richard K. Ghere
Publisher: Lexington Books
Total Pages: 283
Release: 2015-04-22
Genre: Political Science
ISBN: 0739193945

This book examines the rhetoric of various “exemplars” who advocate for causes and actions pertaining to human rights in particular contexts. Although some of these exemplars champion human rights, others are human rights antagonists. Simply put, the argument here is that concern for how particular individuals advocate for human rights causes—as well as how antagonists obstruct such initiatives—adds significant value to understanding the successes and failures of human rights efforts in particular cultural and national contexts. On one hand, we can grasp how specific international organizations and actors function to develop norms (for example, the rights of the child) and how rights are subsequently articulated in universal declarations and formal codes. But on the other, it becomes apparent that the actualmeaning of those rights mutate when “accepted” within particular cultures. A complementary facet of this argument relates to the centrality of rhetoric in observing how rights advocates function in practice; specifically, rhetoric focuses upon the art of argumentation and the various strategies and techniques enlisted therein. In that much of the “reality” surrounding human rights (from the standpoints of advocates and antagonists alike) is fundamentally interpretive, rhetorical (or argumentative) skill is of vital importance for advocates as competent pragma-dialecticians in presenting the case that a rights ideal can enhance life in a culture predisposed to reject that ideal. This book includes case studies focusing on the rhetoric of the following individuals or groups as either human rights advocates or antagonists: Mary B. Anderson, Rwandan “hate radio” broadcasters, politicians and military officials connected with the Kent State University and Tiananmen Square student protest tragedies, Iqbal Masih, Pussy Riot, Lyndon Johnson, Julian Assange, Geert Wilders, Daniel Barenboim, Joe Arpaio, and Lucius Banda.