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Ideal for teaching international lawyers about the U.S.study of law, this coursebook uses a global perspective to put the basic principles of legal reasoning, writing, and research into context. To effectively teach analysis and communication within
The purchase of this ebook edition does not entitle you to receive access to the Connected eBook on CasebookConnect. You will need to purchase a new print book to get access to the full experience including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Designed primarily for the international lawyer and international law student, this one-of-a-kind text introduces readers to legal analysis and communications used in the U.S. With customized exercises, examples, and illustrations, the authors, who together have more than seven decades of experience teaching legal writing, provide detailed instruction on the types of legal writing that international lawyers are most likely to engage in with U.S. lawyers. Organized for optimizing skills-building, the text begins with a contextual overview of the court system and the civil litigation process in the U.S., and then moves to structuring and communicating an objective analysis, briefing a case, and doing statutory analysis. The text delivers practical guidance on writing client letters, demand letters, office memos, and electronic correspondence. The authors emphasize structure, planning, and ethics in educating about the legal writing process. New to the Third Edition: New co-author Katrina Lee, Clinical Professor of Law, Director of LL.M. Legal Writing, Director of Program on Dispute Resolution, The Ohio State University Moritz College of Law; and former President of the Association of Legal Writing Directors Reorganized and streamlined chapters for a stronger and more concise presentation Expanded coverage of legal writing skills related to how to structure and formulate an objective legal analysis; how to write a formal office memo, client letters, and demand letters; and how to write professional emails and e-memos New mini TOCs at the start of each chapter that provide a handy "roadmap" of topics covered Updated material throughout Professors and students will benefit from: Detailed and summary table of contents, plus chapter roadmaps Glossary of terms for international readers Overviews of the U.S. government and court system, the common law system, and the civil litigation process Clear exposition supported by numerous exercises that cover the types of legal writing international lawyers are most likely to use Emphasis on an ethical, thorough, and structured writing process
For law students and lawyers to successfully understand and practice law in the U.S., recognition of the wider context and culture which informs the law is essential. Simply learning the legal rules and procedures in isolation is not enough without an appreciation of the culture that produced them. This book provides the reader with an understandable introduction to the ways in which U.S. law reflects its culture and each chapter begins with questions to guide the reader, and concludes with questions for review, challenge and further understanding. Kirk W. Junker explores cultural differences, employing history, social theory, philosophy, and language as "reference frames," which are then applied to the rules and procedures of the U.S. legal system in the book’s final chapter. Through these cultural reference frames readers are provided with a set of interpretive tools to inform their understanding of the substance and institutions of the law. With a deeper understanding of this cultural context, international students will be empowered to more quickly adapt to their studies; more comprehensively understand the role of the attorney in the U.S. system; draw comparisons with their own domestic legal systems, and ultimately become more successful in their legal careers both in the U.S. and abroad.
Communication in Legal Advocacy integrates work in legal theory, communication theory, social science research, and strategic planning to provide a comprehensive anaysis of the communication processes in trials. Responding to the emerging interest in alternative dispute resolution, the book situates the trial within the broadercontext of dispute resolution, calling attention to the ways in which negotiation, mediation, and arbitration interrelate with trials. This study bends traditional argumentative analyses such as the rational-world notions of adversary proceedings, presumption, burden of proof, and essential issues with contemporary ideas of narrative rationality. The volume offers the reader a practical and strategic guide to effective trial advocacy, and it provides theoretical insights into trials as socially sanctioned mechanisms of dispute resolution.
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.
A reference tool for lawyers facing international legal problems outside their own areas of expertise.
After introducing students to the law and the law school experience, this book parses out the steps comprising legal analysis, including determining what law applies, analyzing enacted law, analyzing case law, synthesizing the law, and applying the law to the facts. Multiple opportunities are included for applying the information learned at each step. Once students have learned the component parts of legal analysis, they learn to communicate that information in the form of a legal memorandum. The book includes especially helpful tools for communicating the analytical framework and for developing fully the individual points within that framework. In addition, the book includes several sample memoranda that students can use for comparison, and a checklist that students can use to assure completeness.
Sponsored by the Banking Law Committee (E) of the International Bar Association's Section of Business Law, this is the fourth edition of a definitive work: the result of extensive discussions at many IBA conferences of lawyers worldwide who provide commentary on a multitude of issues which may arise in the process of rendering legal opinions in international transactions. In most important international business transactions opinions of counsel are required as a condition precedent to the `closing' of the transaction. This book analyses and comments on the clauses of a typical legal opinion requested in an international transation. The book explains meaning given to such opinion clauses by U.S. counsel, discusses under the law and practice of 25 countries whether such opinion can be given and whether or not modifications are advisable and addresses the investigation necessary to enable a lawyer to render a correct opinion. The book also contains a chapter discussing the opinion a non-U.S. lawyer should request from a U.S. lawyer. The fourth edition adds a discussion of the special issues involved in opinions rendered by in-house counsel. The principal purposes of the book is to improve the communications between the lawyer- frequently a U.S. attorney- requesting the opinion and the lawyer rendering the opinion. Both must have a common understanding of the meaning of the terminology used in, and the scope of, the opinion. Another important purpose of the book is to analyse the interdependence of the opinions of counsel from several countries rendered in connection with one transaction. This frequently requires a conflict of laws analysis. Where the laws of several countries apply to a transaction, the various opinions must be put together like pieces of a puzzle before the recipient of the opinion can be certain that all relevant legal issues, under all relevant legal systems, have been fully addressed. The suggestions made in this book have been widely accepted in international opinion practice.