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Just Briefs, Second Edition

ISBN-10: 0735562318
ISBN-13: 9780735562318
Edition: 2nd 2008 (Revised)
List price: $68.00
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Description: From the distinguished authors of the popular Legal Writing Handbook, Fourth Edition, comes this clear and focused treatment of briefs, in the authors' effective step-by-step writing style. Developed from the coverage on briefs from the authors'  More...

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Book details

List price: $68.00
Edition: 2nd
Copyright year: 2008
Publisher: Wolters Kluwer Law & Business
Publication date: 2/13/2008
Binding: Paperback
Pages: 234
Size: 6.75" wide x 10.25" long x 0.50" tall
Weight: 1.232
Language: English

From the distinguished authors of the popular Legal Writing Handbook, Fourth Edition, comes this clear and focused treatment of briefs, in the authors' effective step-by-step writing style. Developed from the coverage on briefs from the authors' successful Legal Writing Handbook, this text includes: focused coverage on how to write briefs helpful examples of trial and appellate briefs how to present an effective oral argument straightforward, step-by-step exposition a detailed Teacher's Manual a valuable author website resource, featuring: materials on effective teaching sample class plans PowerPoint slides Suggested brief problems an on-line diagnostic examavailable to professors who adopt the text Designed to complement any comprehensive legal writing coursebook, Just Briefs, Second Edition, provides clear and focused coverage of the writing techniques unique to creating effective briefs.

Preface
Acknowledgments
Writing a Trial Brief
Motion Briefs
Audience
Purpose
Conventions
State v. Patterson
Developing a Theory of the Case
The Caption
The Statement of Facts
Select the Facts
Background Facts
Legally Significant Facts
Emotionally Significant Facts
Select an Organizational Scheme
Present the Facts
Create a Favorable Context
Tell the Story from the Client's Point of View
Emphasize the Facts that Support Your Theory of the Case, and De-emphasize Those that Do Not
Airtime
Detail
Positions of Emphasis
Sentence Length
Active and Passive Voice
Dependent and Main Clauses
Choose Your Words Carefully
Checklist for Critiquing the Statement of Facts
Drafting the Issue Statement
Select the Lens
Select a Format
Make Your Issue Statement Subtly Persuasive
Checklist for Critiquing the Issue Statement
Ordering the Issues and Arguments
Present the Issues and Arguments in a Logical Order
Decide Which Issues and Arguments Should Be Presented First
Drafting the Argumentative Headings
Use Your Argumentative Headings to Define the Structure of the Arguments
Use Your Argumentative Headings to Persuade
Make Your Headings Readable
Follow the Conventions: Number, Placement, and Typefaces
Checklist for Critiquing the Argumentative Headings
Drafting the Arguments
Identify Your Assertions and Your Support for Those Assertions
Setting Out Your Assertion
Supporting Your Assertion
Select an Organizational Scheme
Present the Rules in the Light Most Favorable to Your Client
Present the Cases in the Light Most Favorable to Your Client
Present the Arguments in the Light Most Favorable to Your Client
Present Your Own Arguments First
Give the Most Airtime to Your Own Arguments
Use Language that Strengthens Your Arguments and Undermines the Other Side's Arguments
Use the Same Persuasive Techniques You Used in Setting Out the Facts, Issues, Rules, and Analogous Cases
Checklist for Critiquing the Argument
The Prayer for Relief
Signing the Brief
Defendant's Brief
State's Brief
Writing an Appellate Brief
Practicing Before an Appellate Court
Types of Appellate Review
Time Limits for Filing the Notice of Appeal or Petition for Discretionary Review
The Notice of Appeal or Notice for Discretionary Review
Scope of Review
The Record on Appeal
Types of Briefs
Understanding Your Audience, Your Purpose, and the Conventions
Audience
Purpose
Conentions
Getting the Case: United States v. Josephy
Preparing to Write the Brief
Reviewing the Record for Error
Selecting the Issues on Appeal
Was There an Error?
Was the Error Preserved?
What Is the Standard of Review?
Was the Error Harmless?
Preparing an Abstract of the Record
Preparing the Record on Appeal
Researching the Issues on Appeal
Planning the Brief
Analyzing the Facts and the Law
Developing a Theory of the Case
Selecting an Organizational Scheme
Deciding on the Number of Issues and Headings
Ordering the Issues and Arguments
Preparing the Cover
Preparing the Table of Contents
Preparing the Table of Authorities
Drafting the Jurisdictional Statement
Drafting the Statement of Issues Presented for Review
Select a Format
Make the Issue Statement Subtly Persuasive
State the Question So that It Suggests the Conclusion You Want the Court to Reach
Emphasize the Facts that Support Your Theory of the Case
Emphasize or De-emphasize the Burden of Proof and Standard of Review
Make Sure the Issue Statement Is Readable
Drafting the Statement of the Case
Check the Rules
Draft the Statement of the Case
Select the Facts
Legally Significant Facts
Emotionally Significant Facts
Background Facts
Select an Organizational Scheme
Present the Facts in the Light Most Favorable to the Client
Create a Favorable Context
Tell the Story from the Client's Point of View
Emphasize Those Facts that Support Your Theory of the Case and De-emphasize Those that Do Not
Choose Words Carefully
Be Subtly Persuasive
Drafting the Summary of the Argument
Drafting the Argumentative Headings
Use the Argumentative Headings to Outline the Argument for the Court
Use the Argumentative Headings to Persuade
Write Headings as Positive Assertions
Provide Support for Your Assertions
Make Sure that Your Headings Are Neither Too Specific nor Too General
Make Your Headings Readable
Use the Same Persuasive Techniques You Used in Drafting the Issue Statements and Statement of Facts
Use the Conventional Formats for Headings
Drafting the Arguments
Knowing What You Need, and Want, to Argue
Selecting an Organizational Scheme
Presenting the Rules, Descriptions of Analogous Cases, and Arguments in the Light Most Favorable to Your Client
Presenting the Rules
Presenting the Cases
Constructing and Presenting the Arguments
Using Quotations
Responding to the Other Side's Arguments
Avoiding the Common Problem of Neglecting to Make Explicit Connections
Avoiding the Common Problem of Not Dealing with Weaknesses
Avoiding the Mistake of Overlooking Good Arguments
Drafting the Conclusion or Prayer for Relief
Preparing the Signature Block
Preparing the Appendix
Revising, Editing, and Proofreading
Appellant's Brief
Appellee's Brief
Harmless Error Analysis Example
Oral Advocacy
Audience
Purpose
Preparing for Oral Argument
Deciding What to Argue
Preparing an Outline
Practicing the Argument
Reviewing the Facts and the Law
Organizing Your Materials
Notes or Outline
The Briefs
The Record
The Law
Courtroom Procedures and Etiquette
Seating
Before the Case Is Called
Courtroom Etiquette
Appropriate Dress
Making the Argument
Introductions
Opening
Statement of the Issues
The Moving Party
The Responding Party
Summary of Facts
The Moving Party
The Responding Party
The Argument
Answering Questions
The Closing
Rebuttal
Delivering the Argument
Do Not Read Your Argument
Maintain Eye Contact
Do Not Slouch, Rock, or Put Your Hands in Your Pockets
Limit Your Gestures and Avoid Distracting Mannerisms
Speak So that You Can Be Easily Understood
Making Your Argument Persuasive
Handling the Problems
Counsel Has Misstated Facts or Law
You Make a Mistake
You Do Not Have Enough Time
You Have Too Much Time
You Do Not Know the Answer to a Question
You Do Not Understand the Question
You Become Flustered or Draw a Blank
You Are Asked to Concede a Point
A Final Note
Checklist for Critiquing the Oral Argument
Glossary of Terms
Index

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