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Author: John Delaney
Publisher: John Delaney Publications
ISBN: 0960851461
Category : Criminal law
Languages : en
Pages : 467
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Book Description
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.
Author: John Delaney
Publisher: John Delaney Publications
ISBN: 0960851461
Category : Criminal law
Languages : en
Pages : 467
Get Book
Book Description
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.
Author: James A. Gardner
Publisher: LexisNexis/Matthew Bender
ISBN:
Category : Communication in law
Languages : en
Pages : 196
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Book Description
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.
Author: Elizabeth C. Britt
Publisher: Penn State Press
ISBN: 0271081333
Category : Language Arts & Disciplines
Languages : en
Pages : 187
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Book Description
Domestic violence accounts for approximately one-fifth of all violent crime in the United States and is among the most difficult issues confronting professionals in the legal and criminal justice systems. In this volume, Elizabeth Britt argues that learning embodied advocacy—a practice that results from an expanded understanding of expertise based on lived experience—and adopting it in legal settings can directly and tangibly help victims of abuse. Focusing on clinical legal education at the Domestic Violence Institute at the Northeastern University School of Law, Britt takes a case-study approach to illuminate how challenging the context, aims, and forms of advocacy traditionally embraced in the U.S. legal system produces better support for victims of domestic violence. She analyzes a wide range of materials and practices, including the pedagogy of law school training programs, interviews with advocates, and narratives written by students in the emergency department, and looks closely at the forms of rhetorical education through which students assimilate advocacy practices. By examining how students learn to listen actively to clients and to recognize that clients have the right and ability to make decisions for themselves, Britt shows that rhetorical education can succeed in producing legal professionals with the inclination and capacity to engage others whose values and experiences diverge from their own. By investigating the deep relationship between legal education and rhetorical education, Reimagining Advocacy calls for conversations and action that will improve advocacy for others, especially for victims of domestic violence seeking assistance from legal professionals.
Author: Brent E. Newton
Publisher: Aspen Publishing
ISBN: 1601565062
Category : Law
Languages : en
Pages : 368
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Book Description
Defendant Reginald McKay, a mentally disturbed American who became a "home-grown" Islamic terrorist, poisoned members of a Jewish temple during Passover seder. After one of the poisoned congregants died, the Feds got a lucky break thanks to an eyewitness and modern computer forensics and quickly built a death penalty case against McKay. Newton's case file, United States v. McKay, is built around the tragic story of McKay and his victims and includes twenty advocacy exercises from all major stages of a criminal case. Each of these twenty exercises will introduce a wrinkle-involving a constitutional challenge to procedures or evidence-that students then analyze through the lens of the Supreme Court's decisions in landmark criminal procedure cases such as Batson v. Kentucky, Jackson v. Virginia, and United States v. Cronic, among others. Taken as a whole, these exercises track the maneuverings of a complex criminal defense and prosecution, starting with pretrial motions; continuing through jury selection, trial, and sentencing; and concluding with postconviction motions. An instructor using Trial Advocacy in Action may, as desired, direct students either to prepare short written pleadings or to practice oral advocacy in support of their legal arguments. This fusion of factually compelling scenarios and intellectually challenging legal doctrines creates a robust learning experience that seeks to hone students' skills regarding both legal analysis and legal advocacy concerning constitutional issues that arise throughout the entire course of a criminal case. Trial Advocacy in Action is ideal for use in upper-level criminal procedure classes, law school mock trial competitions, and continuing legal education (CLE) seminars for new criminal practitioners.
Author: Albert J. Moore
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 372
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Book Description
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.
Author: John Delaney
Publisher: John Delaney Publications
ISBN: 0960851445
Category : Law
Languages : en
Pages : 152
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Book Description
Publisher description: This widely used book in many printings begins with answers to forty commonly asked questions of first-year law students. It specifies a six-step approach to briefing a case with specific guidelines for accomplishing each step. The process of briefing cases is then demonstrated with excellent and poor briefs of increasing complexity. Emphasis is placed initially on the techniques of briefing as an introduction to the learning of legal reasoning, the first priority of the first year of law school. In addition, the book also demonstrates the relevance of more advanced modes of legal reasoning, including positivist, pragmatic, policy oriented, natural-law and other perspectives applied in decoding and understanding cases. In its introduction of jurisprudential perspectives, Learning Legal Reasoning transcends the typical technical/positivist orientation of most first-year materials.
Author: Brent E. Newton
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 198
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Book Description
Theory and practice go hand-in-hand in the newest edition of Criminal Litigation and Legal Issues in Criminal Procedure. Author Brent Newton merges elements from traditional substantive criminal law or criminal procedure courses with the skills training of a trial advocacy program to create an experiential learning course perfect for the next generation of law students. With short, easy-to-digest scenarios and limited, specific case references, Criminal Litigation and Legal Issues in Criminal Procedure, 5th Edition, allows students to practice their research and advocacy skills in a low-risk environment. New to the 5th Edition: Update scenarios reflecting changes in Supreme Court and lower court case law. Professors and students will benefit from: Combining substantive law from “doctrinal” Criminal Procedure courses with the development of students’ courtroom advocacy skills. Learning by doing—every week of the semester. Students role-play prosecutors, defense counsel, and trial judges—providing insights into the law from all three vantage points. An entirely self-contained course—no additional research or resources required. A rare opportunity for law students to develop their public-speaking skills and conquer their fears of public speaking—on a weekly basis.
Author: Douglas A. Blaze
Publisher:
ISBN: 9781683284529
Category : Criminal law
Languages : en
Pages :
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Book Description
This creative and original book provides ten independent exercises designed to help students master Criminal Law through real legal problems.
Author: John Delaney
Publisher: John Delaney Publications
ISBN:
Category : Law
Languages : en
Pages : 206
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Book Description
Author: John Delaney
Publisher: John Delaney Publications
ISBN: 0960851453
Category : Law
Languages : en
Pages : 194
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Book Description
