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"Like its predecessors, the Seventh Edition of Trial Advocacy in a Nutshell breaks the “art of advocacy” into practical skills and strategies of courtroom persuasion. Part 1 focuses on strategies for turning courtroom stories into “argument-centered narratives” that emphasize the evidence that supports legal claims. Part 2 analyzes and illustrates strategies, techniques and rules for presenting argument-centered narratives effectively during all phases of trial, from opening statement to closing argument. Part 2 includes separate chapters devoted to strategies for expert witnesses, oral persuasion skills, and courtroom technology. The book includes two chapters that approach the Federal Rules of Evidence as guides for admissibility of evidence rather than as exclusionary obstacles. They explain and illustrate how to satisfy the foundational requirements for virtually all forms of oral and tangible evidence, including electronic exhibits and exhibits prepared by forensic graphics experts. The chapters also explain effective strategies for making and responding to objections. The book uses real and fictional trial settings from different eras and sources to add variety while analyzing rhetorical trial strategies and emphasizing their durability. For example, the chapter on closing argument compares arguments made in the murder trial of Euphiletus (Greece, circa 400 B.C.) with those made in the trial of OJ Simpson (1995). Other analyses are based on the trials of the Rosenbergs (the so-called “atomic spies,” 1953) and the Menendez brothers (1991), while still other illustrative examples are based on the Hillmon case (1892), and the Triangle Shirtwaist Fire trial (1911). We also illustrate and analyze trial strategies in the context of classic courtroom films such as Anatomy of a Murder, To Kill a Mockingbird, 12 Angry Men and My Cousin Vinny, and even children’s stories such as Humpty Dumpty and Jack & Jill." -- Publisher.
The definitive guide to the brave new world of remote advocacy for the trial and appellate practitioner--as well as law students and recent law grads. Full of keen insights and practice tips to help you be the best advocate you can be in remote proceedings of all types, including remote courtrooms (hearings, bench and jury trial), arbitrations, mediations, appellate practice, depositions, and other forums. This book combines leading research on persuading audiences over remote platforms combined with tips on conquering the technical aspects of using remote platforms to your fullest potential. A useful tech section covers the basics to more advanced applications. Based on extensive troubleshooting sessions and discussions with judges and lawyers in remote proceedings following the onset of the COVID-19 crisis, this is the essential guide for remote proceedings that have since proliferated in the legal world--while acknowledging the continuing need for remote advocacy in the future.
The Appellate Prosecutor: A Practical and Inspirational Guide to Appellate Advocacy is a new book for appellate advocates, particularly those in attorney general's and prosecutor's offices. The importance of an appellate prosecutor's work cannot be overstated. Don Zelenka, a consummate appellate advocate, expressed it well when he wrote, "If the maxim that 'the best use of life is to spend it for something that outlasts life' is correct, the life and work of an appellate prosecutor is one to be cherished." Appellate prosecutors not only preserve just convictions through their advocacy but also shape the law for the future. Authors for this book are some of the best-of-the-best teachers and authorities on how to be an effective appellate advocate. They were selected from across the country and include appellate prosecutors from attorney general's and prosecutor's offices as well as appellate judges and justices and a law professor. The authors have crafted information-packed chapters on these subjects: Persuasion, Planning and Analysis for Appellate Advocacy - The building blocks of persuasion and how to use them in appellate advocacy Writing the Persuasive Brief - How to effectively craft the three major sections of the brief The Key to Good Legal Writing A Sample Appellate Brief Template Appellate Strategies - How to: find procedural and other bars; uncover flaws in Appellant's brief; determine the real issue; enhance your credibility with the court and more. Research Resources: An Appellate Lawyer's Tools of the Trade - Internet sites, prosecutor association information banks and written resources for appellate prosecutors. Standards of Review: The First Line of Defence Protecting the Record for Appeal: Advice to the Trial Prosecutor Professional Responsibility on Appeal - How to respond to ethical dilemmas that confront appellate prosecutors. Prosecutor Appeals - eight considerations that may influence your decision to appeal. Successful Appellate Oral Advocacy. Appellate Court Conferencing of Cases - How appellate courts conference and how that can effect your advocacy. Answering the Difficult Questions from the Bench. Inspirational Words for the Appellate Advocate. As Judge Charles Moylan, thirty-year veteran of the appellate bench, renowned lecturer and author, put it, "This work in my judgement will find an indispensable place on the desk, or at the bedside before argument, of every successful appellate prosecutor."
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.
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks Mary Beth Beazley’s highly regarded A Practical Guide to Appellate Advocacy is a comprehensive student-focused guide to writing appellate briefs. Written in an understandable, direct writing style, this concise paperback’s effective structure centers on a four-point approach to writing and breaks each point down into key elements that are then treated in-depth. New to the Fifth Edition: New bullets at the end of each chapter reviewing major takeaways Expanded coverage of research advice in Chapter 3, including discussion on Boolean searches A new chapter on using statutes in briefs, covering Reading statutes effectively Making statutory interpretation arguments Research techniques for statutory interpretation arguments Professors and students will benefit from: Student-friendly writing that is easy to read and understand Annotated examples – both good and bad – that help students understand why certain methods are effective Chapters on effective use of cases and statutes that address common problems experienced by students Numerous formulas that make learning and remembering easy: Creac Formula for effective topic sentences Formula for effective case descriptions ""Template"" formula for effective signals to the reader Teaching materials include: Powerpoints with effective examples and teaching notes Self-grading guidelines and examples of self-grading of effective and ineffective legal writing
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
Effective Advocacy: in General; Theme; Structure; Appellate Process: Overview, Review Standards, Record, Jurisdiction. Multi-Judge Panels; Levels of Review: State Intermediate Courts, State Courts of Last Retort, Federal Courts of Appeals, Supreme Court; Taxonomy of Cases: Importance of Classification, Procedure; Criminal, Contracts, Torts, Administrative, Statutory, Constitutional; Arguments: In General, Fact; Doctrine, Policy; Process, Institutional; The Brief: Formalities, Petitioner, Respondent, Reply Briefs, Amicus, Questions Presented, Front Matter, Point Headings, Statement of Facts, Summary of Argument, Footnotes; Oral Argument: Preparation, Formalities, Style, First Petitioner, Second Petitioner, First Respondent, Second Respondent, Rebuttal, Authority, Hot and Cold Benches, Questions, Concluding; A Way of Working: Planning the Oral Argument, Learning From Experience, Planning, Performing and Reviewing Recursively (The Brief); Integrity of Argument.