Motion Practice and Persuasion PDF Download
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Author: L. Ronald Jorgensen
Publisher: American Bar Association
ISBN: 9781590316306
Category : Law
Languages : en
Pages : 260
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Book Description
This book teaches new lawyers how to effectively make and oppose motions and help experienced lawyers create more original and innovative work. It teaches the basics of motion practice, with a particular focus on the written motion and provides expert advice on making motions more persuasive. It discusses the tools of persuasion and the marshaling of facts, law and form to produce a winning motion. Instead of merely laying out the rules, the book outlines the analysis that the lawyer must make in writing and presenting a motion.
Author: L. Ronald Jorgensen
Publisher: American Bar Association
ISBN: 9781590316306
Category : Law
Languages : en
Pages : 260
Get Book Here
Book Description
This book teaches new lawyers how to effectively make and oppose motions and help experienced lawyers create more original and innovative work. It teaches the basics of motion practice, with a particular focus on the written motion and provides expert advice on making motions more persuasive. It discusses the tools of persuasion and the marshaling of facts, law and form to produce a winning motion. Instead of merely laying out the rules, the book outlines the analysis that the lawyer must make in writing and presenting a motion.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
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: David F. Herr
Publisher: Wolters Kluwer
ISBN: 1454883898
Category : Motions (Law)
Languages : en
Pages : 970
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Book Description
This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Eighth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as:
Author: Noah Messing
Publisher: Aspen Publishing
ISBN: 1454836288
Category : Law
Languages : en
Pages : 487
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Book Description
The Art of Advocacy: Briefs, Motions, and Writing Strategies of America’s Best Lawyers presents more than 150 examples of masterful advocacy to show lawyers how to write winning motions and briefs. The book focuses on the strategic and substantive choices that top litigators make, drawing examples from important, timely, and controversial cases. Detailed annotations give readers insight into what makes each document so effective. In addition to presenting a host of storytelling, stylistic, and organizational strategies, the book's examples demonstrate how to build and rebut different types of arguments. The Appendices provide a wealth of additional resources, including Karl Llewellyn’s previously unpublished advice from 1957 about the art of advocacy, which one top law professor described as the “best advice on legal writing I’ve ever seen.” Features Compiles more than 150 examples of masterfully written legal advocacy and analysis Succinct introductory text presents the facts of each case Detailed annotations by the author highlight How to tell your client’s story How to build and counter six types of legal argument How to organize your arguments How to develop a theme Excerpts from high-interest cases, such as The battle over “Obamacare” A massive copyright suit involving YouTube BP’s oil spill in the Gulf of Mexico Facebook’s infamous feud with the Winklevoss twins Apple’s billion-dollar patent dispute with Samsung Lance Armstrong’s attempt to retain his Tour de France titles Major cases involving gay rights and affirmative action For year-long courses, a stellar option for second-semester students Perfect for practicing litigators who want to see a playbook of moves and strategies from top lawyers and from major cases Stresses strategic choices and the art of building compelling substantive arguments Focuses on briefs and motions Developing a theme Framing issues Isolates examples of specific arguments—doctrinal, textual, legislative history policy, and so on Innovative layout
Author: Kirstin Stoll-DeBell
Publisher: American Bar Association
ISBN: 9781604424027
Category : Law
Languages : en
Pages : 484
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Book Description
The injunction is an exceptionally potent remedy, the grant or denial of which often leads to a cascade of serious consequences. This comprehensive and practical guide to injunctive relief covers all issues that are relevant to these types of motions from pre-filing considerations to appellate relief. The book also includes time-saving checklists, flowcharts to help practitioners decide whether to file such motions and statistics relating to how often these motions are granted/denied.
Author: Charles P. Nemeth
Publisher: CRC Press
ISBN: 1000846016
Category : Law
Languages : en
Pages : 314
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Book Description
Law and Evidence: A Primer for Criminal Justice, Criminology, and Legal Studies, Third Edition, introduces the complex topic of evidence law in a straightforward and accessible manner. The use and function of evidence in both criminal and civil cases is examined to offer a complete understanding of how evidence principles play out in the real world of litigation and advocacy. This revised Third Edition includes new discussions of rules and case law analysis, forensic cases and evidentiary software programs. Key features: Every chapter contains new legal authority that apples to traditional legal principles relevant to evidence law Offers full coverage of evidentiary codes and statutes Provides practical forms, checklists and additional tools throughout for use by current and future practitioners Course ancillaries including, PowerPointTM lecture slides and an Instructor’s Manual with Test Bank, are available with qualified course adoption.
Author: Spencer Punnett
Publisher: American Bar Association
ISBN: 9781614387572
Category : Law
Languages : en
Pages : 0
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Book Description
This comprehensive, 600-page book helps both experienced counsel and rookies advance their clients cause more effectively at every stage of the mediation process. A few more examples: . Creating a plan for movement in offers and counteroffers. Spotting the chance to arbitrage a deal point . Using zingers to create positional vulnerabilities for your opponent . Mediation prep and its potential for cementing client relationships . How miscommunication through numbers can cause lost opportunities . Perils of the fatigue factor . Breaking impasse the pros and pitfalls of mediators techniques Every chapter also includes a variety of "sidebars" standalone pieces ranging from instructive anecdotes to direct me-to-you advice on specific mediation topics. Some examples: Johnathan C. Bolton s Bad First Time . . . Why Jay Cohen Reads Tom s Mediation Brief First . . . What Maralee Eriksen Learned From Watching 40 Mediated Settlement Conferences . . . How Parties Can (Mis)communicate Through Numbers . . . and many more."
Author: Joan Malmud Rocklin
Publisher: Carolina Academic Press LLC
ISBN: 9781531019105
Category : Communication in law
Languages : en
Pages : 0
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Book Description
Click here to view a side by side comparison of the first and second editions. The second edition of An Advocate Persuades is reorganized into four parts: (1) Introduction to Advocacy; (2) Developing Arguments from a Persuasive Perspective; (3) Constructing Persuasive Court Documents (both at the trial and appellate level); and (4) Oral Argument (both at the trial and appellate level). The book also has an expanded appendix, which provides an overview of trial and appellate litigation in both civil and criminal cases, annotated trial and appellate briefs, and advice about moot court competitions. The book's first part, an Introduction to Advocacy, provides an overview of the nature of persuasion generally and the core ethical standards that an advocate is required to follow. The second part focuses on the heart of persuasive advocacy--developing persuasive arguments. This part provides easy-to-follow, step-by-step advice that students can rely on whether they are drafting a trial motion or appellate brief. The advice is provided in five chapters: Chapter 3, Organizing Claims and Arguments; Chapter 4, Themes for Persuasive Arguments; Chapter 5, Drafting Persuasive Arguments; Chapter 6, Refining Persuasive Arguments; and Chapter 7, Editing Persuasive Arguments. The content in these chapters has been significantly revised to provide detailed coverage in a practical and accessible format. The chapters incorporate lists, checklists, graphics, charts, and updated, annotated examples to aid students' understanding of the concepts and theories described. The third part, Constructing Persuasive Court Documents, describes the court documents through which attorneys present their persuasive arguments. It starts with Chapter 8, Trial Motions & Motion Practice, which focuses on trial practice, trial court motions, and supporting memoranda. Chapter 9, Appellate Briefs & Appellate Practice, introduces readers to the world of appellate courts by explaining the appellate process, the relevant players, standards of review, and how to draft various components of the appellate brief. Finally, Chapter 10, Statements of Fact and of the Case, describes how to construct a persuasive recitation of facts, focusing on which facts to include and how to present them in the light most favorable to the drafter's client. Each chapter provides numerous annotated examples, allowing the reader to see both effective and ineffective techniques. The fourth part, Oral Argument, now consists of five subsections designed to demystify the process of oral argument. These sections provide students the step-by-step guidance they need whether arguing before a trial or appellate court. The five sections are (1) The Purpose of Oral Argument; (2) Preparing for Oral Argument; (3) Presenting Oral Argument; (4) Trial Courts vs. Appellate Courts; and (5) Remote Oral Arguments. The newly created fifth section provides students with instruction and practical advice for presenting oral argument remotely. The second edition of An Advocate Persuades aims to provide clear and concrete instruction about each facet of the persuasive writing and oral argument process in a logical order consistent with how an advocate will typically perform the tasks. The text's practical approach to theory, coupled with insightful examples, will enable readers to transfer their understanding to real-life legal settings. With straightforward advice, informative graphics, and an accessible layout, this text will be useful both to students in the classroom and to lawyers already in legal practice.
Author: Mark Herrmann
Publisher: American Bar Association
ISBN: 9781590316764
Category : Law
Languages : en
Pages : 162
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Book Description
This collection of essays written by The Curmudgeon, offers practical, honest and you need to know this advice for surviving and thriving in a law firm. The book covers the basics of law practice and law firm etiquette, from doing effective research and writing to dressing for success, dealing with staff and clients and building a law practice. Concise, humorous and full of valuable (albeit curmudgeonly) insight, this is a must-read for every newly minted law school graduate or new lawyer.
Author: Garth S. Jowett
Publisher: SAGE
ISBN: 1412909007
Category : Language Arts & Disciplines
Languages : en
Pages : 305
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Book Description
"This collection of readings in propaganda and persuasion is designed to serve as either a companion to Jowett and O'Donnell's text Propaganda and Persuasion or as a single class resource. The contents range from seminal essays by Jacques Ellul, Kenneth Burke, and Paul M.A. Linebarger to articles by well-known writers on propaganda such as Philip Taylor and David Culbert to new essays about responses to 9/11, the treatment of Afghan women, persuasion in the built environment, and public diplomacy as propaganda. Also included are analyses of the relationship between rhetoric and propaganda, essays about the definition of propaganda, propaganda in the Boston Massacre of the American Revolution, the Bolshevik Revolution, and American, British, and German propaganda during World War II, and brainwashing in the Korean War." -- Publisher.
