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Persuasive Written and Oral Advocacy: In Trial and Appellate Courts, 4th Edition

Persuasive Written and Oral Advocacy: In Trial and Appellate Courts, 4th Edition

作者： Michael R. Fontham; Michael Vitiello
出版商： Aspen Legal Education
ISBN: 9781543801729
出版时间 July 2018
规格： Paperback , 496 pages
适应领域： U.S. ? 免责申明：
Countri(es) stated herein are used as reference only

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While focused on the appellate setting, Persuasive Written and Oral Advocacy is applicable to all legal writing and speaking, and includes practical guidance for advocacy in federal courts, trial courts, and other situations. Students are given a clear and practical guide to legal writing and oral argument, from the selection of a main theme, to the employment of research, language, and speaking skills that achieve a clear, persuasive legal message. Step-by-step, they learn to organize, prepare, and present winning written and oral arguments. Detailed coverage of trial motion practice as well as appellate practice shows how important it is to consider the judge’s time and perspective when preparing an argument. Concrete examples based on a hypothetical case file are liberally spread throughout the text along with extensive advice for editing Sophisticated, realistic litigation problems in the accompanying Case Files help put principles in practice and allow instructors a great deal of flexibility. Each case file is accompanied by its own Teacher’s Manual. Technological developments are explored, including electronic filing, video conference oral arguments, and electronic research.

The revised Third Edition presents updated and expanded information on electronic filings as well as rule updates, especially local rule issues, and an updated, two-color design.

Features:
- clear and practical guide to legal writing and oral argument
  - the selection of a main message or theme
  - employment of research, language, and speaking skills
  - achieving a clear, persuasive legal message
- content is applicable to all legal writing and speaking
- includes practical guidance for advocacy in federal courts, trial courts, and other settings
- step-by-step guide to organizing, preparing, and presenting winning written and oral arguments
- detailed coverage of trial motion practice as well as appellate practice
- emphasizes consideration of the judge’s time and perspective when preparing arguments
- liberal use of concrete examples based on a hypothetical case file, with extensive advice for editing
- accompanied by Case Files
  - help put in practice the principles advocated throughout the text
  - sophisticated, realistic litigation problems
  - designed to allow instructors flexibility
  - each file accompanied by its own Teacher’s Manual
- features technological developments―electronic filing, video conference, oral arguments, electronic research
- sections on harmless error, changes to Rule 32, and the status of unpublished opinions
The revised Third Edition presents:
- updated and expanded information on electronic filings
- rule updates, especially local rule issues
- updated, two-color design
Part I. Persuasive Legal Writing

1. Getting Started

2. Writing Persuasively

3. Writing for Clarity

4. Editing

5. Finding and Applying the Law

Part II. Oral Argument

6. Preparing for Oral Argument

7. Presenting the Oral Argument

Part III. Trial Proceedings

8. Preparing Memoranda for the Trial Court and Research Memoranda

Part IV. Handling Appeals and Writs

9. Taking an Appeal

10. Applying the Standard of Review

11. Preparing Appellate Briefs and Oral Argument

12. Preparing Writ Applications, Petitions for Rehearing, and Appellate Motions

Appendix I. Problem: Olsen v. State of Arcadia

Appendix II. Example of an Appellate Brief

Appendix III. Example of a Petition for Certiorari Index

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Persuasive Written and Oral Advocacy: In Trial and Appellate Courts, 4th Edition

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