Principles Of Appellate Advocacy
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Author | : Ursula Bentele |
Publisher | : |
Total Pages | : 0 |
Release | : 2012 |
Genre | : Appellate procedure |
ISBN | : 9780769849119 |
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); and Eliminates the chapter on federal habeas corpus and other avenues of collateral attack on judgments, which will be the subject of a future text.
Author | : Daniel P. Selmi |
Publisher | : Aspen Publishing |
Total Pages | : 302 |
Release | : 2021-01-31 |
Genre | : Law |
ISBN | : 1543831214 |
Appellate Advocacy books can overwhelm students with a disparate mixture of appellate rules, arcane procedural requirements, multiple writing instructions, practice tips, etc. This book avoids that problem by focusing on the most important aspect of appellate advocacy: how to write a persuasive appellate brief. It sets forth very specific, well-defined rules--adapted from the recommendations of experienced appellate practitioners and judges--for students to learn and follow. Principles of Appellate Advocacy stresses three overreaching principles that students need to understand: (1) The perspective principle: putting the brief writer in the shoes of the judge; (2) The structural principle: building the brief around issues; and (3) The organizational principle: separating the thought process from the writing process. New to the Second Edition: Expanded coverage of standards of review, with explanations of the most commonly employed standards, examples from decisions using the standards and from briefs that apply them, plus exercises to assist students in recognizing the applicable standards of review. Increased emphasis on the concept of appealable error and preservation of issues. Additional exercises that require students to implement the rules for writing discussed in the text and to practice revision and editing techniques. An updated sample appellate brief that implements the book’s rules for writing a brief. A video illustrating the “dos and don’ts” of oral argument. Professors and student will benefit from these features: The direct, practical approach to teaching students how to write an appellate brief—the most important aspect of appellate advocacy. The concepts as presented are straightforward and accessible to facilitate understanding. Students will learn and then implement specific rules that appellate experts nationwide agree are essential to good appellate writing. The first edition has been proven effective by students in a very successful law school appellate program. This approach and these materials work.
Author | : American Bar Association. House of Delegates |
Publisher | : American Bar Association |
Total Pages | : 216 |
Release | : 2007 |
Genre | : Law |
ISBN | : 9781590318737 |
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author | : Edward Domenic Re |
Publisher | : |
Total Pages | : 0 |
Release | : 1974 |
Genre | : Forensic oratory |
ISBN | : |
Author | : Bryan A. Garner |
Publisher | : West Academic Publishing |
Total Pages | : 292 |
Release | : 2009 |
Genre | : Law |
ISBN | : |
In this eminently browsable book, Bryan A. Garner has collected and arranged the most important, interesting, and penetrating statements from judges and lawyers about how to conduct an oral argument. Each didactic principle is stated, briefly explained, and then illustrated with quotations from a dazzling array of sources, ancient and modern. Novices and veterans alike will find helpful advice in these pages, which systematically explain the subtleties of the art more lucidly than any previous work has done.
Author | : Karl N. Llewellyn |
Publisher | : Quid Pro Books |
Total Pages | : 554 |
Release | : 2016-05-21 |
Genre | : Law |
ISBN | : 1610273001 |
Author | : David C. Frederick |
Publisher | : West Group Publishing |
Total Pages | : 426 |
Release | : 2003 |
Genre | : Law |
ISBN | : |
Author | : Ross Guberman |
Publisher | : Oxford University Press |
Total Pages | : 426 |
Release | : 2014-04 |
Genre | : Law |
ISBN | : 0199943850 |
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.
Author | : David W. Miller |
Publisher | : Wolters Kluwer Law & Business |
Total Pages | : 0 |
Release | : 2005 |
Genre | : Legal briefs |
ISBN | : 9780735556645 |
Based on a tort action in federal court against an Alabama church for financial explotation by a pastoral counselor, this case simulation problem offers a complete set of court documents to supplement your Persuasive Legal Writing, Pretrial Practice, Appellate Advocacy, or Moot Court class. Case File III presents a complete set of realistic court documents: A complaint, defensive motions with supporting documentation, and transcripts of six depositions in Petrillo v. Rooks A notice of appeal from a dispositive opinion and order Case File III is a solid platform for: Written and oral exercises One or more memoranda and oral arguments before the district court Briefs and oral arguments before the court of appeals Case File III raises numerous legal issues, such as: Diversity jurisdiction State law bases for church liability for pastoral misconduct Constitutional limits on church liability for pastoral misconduct Testimonial privilege for confidential communications with clergy members
Author | : Frederick Bernays Wiener |
Publisher | : |
Total Pages | : 536 |
Release | : 1961 |
Genre | : Law |
ISBN | : |