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Practical Guide to Appellate Advocacy

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ISBN-10: 0735553777

ISBN-13: 9780735553774

Edition: 2nd 2006 (Revised)

Authors: Mary Beth Beazley

List price: $73.00
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This accessible paperback earned its success in the classroom by: - providing a complete introduction to the techniques and process of writing appellate briefs - presenting class-tested materials and ample illustrations that are both accessible and teachable - emphasizing the process approach to writing, beginning with large-scale issues like content and organization, moving to smaller-scale issues like signals to the reader, and ending on the smallest-scale concerns of format and polishing methods - using numerous annotated examples -- both good and bad -- of legal writing from briefs, with commentary on the point each example is illustrating - including in the appendices four sample…    
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Book details

List price: $73.00
Edition: 2nd
Copyright year: 2006
Publisher: Wolters Kluwer Law & Business
Publication date: 5/30/2006
Binding: Paperback
Pages: 369
Size: 7.00" wide x 10.00" long x 1.00" tall
Weight: 1.760
Language: English

Using the Examples in This Book
Acknowledgments to the First Edition
Acknowledgments to the Second Edition
Before We Begin
Know Your Audience
Follow an Effective Writing Process
How to Use This Book
Appellate Jurisdiction and Standards of Review
Jurisdiction in Courts of Last Resort
Jurisdiction in Intermediate Courts of Appeals
Appellate Standards of Review
Purpose and Meaning of Appellate Standards of Review
Clearly Erroneous
De Novo
Abuse of Discretion
Other Appellate Standards
Identifying the Appropriate Appellate Standard of Review
Format Considerations
Standards of Review in Motion Briefs
Motions to Dismiss
Motions for Summary Judgment
Identifying the Appropriate Motion Standard of Review
Incorporating Motion Standards into Your Argument
Avoiding Confusion
Government Action Standards of Review
Multiple Standards of Review in the Same Case
Before you Write
Creating an Abstract of the Record
Planning Your Research
Begin at the Beginning: Decide What Questions You Need to Answer
Broadening Your Horizons (You Can Compare Apples and Oranges)
The Abstraction Ladder
Using the Abstraction Ladder in Legal Research
Identifying a Theme for Your Argument
Identifying Valid Authority
Relevant Facts
Relevant Legal Issues
Relevant Sources
Legal Sources
"Extra-Legal" Sources
Internet Sources
Executing Your Research Plan
Researching Statutory Issues
Writing to Courts of Last Resort
Mandatory versus Nonmandatory Authorities
Knowing When to Stop
Facing the Blank Pace
Finding Structure
Using Existing Rules and the "Phrase-That-Pays" to Structure Your Argument
Using Your Research to Help You Structure Your Argument
Using Policy-Based Rules in Your Argument
Using a Reverse Roadmap to Structure Your Argument
The Working Outline
Using "Private Memos" to Quiet Your Inner Demons and Prevent Writer's Block
One Piece at a Time: Drafting the Argument
Using an Analytical Formula
State Your Issue as a Conclusion
Provide the Rule
Stating Established Rules
Choosing Among Two or More Rules
Using Inductive Reasoning to Find and Articulate Legal Rules
Explain the Rule
Apply the Rule to the Facts
Apply Rules, Not Cases
Facts Are Relevant to Questions of Law
Sometimes Statutory Language Is a Fact
Make the Connection
Practice Pointers: Using Case Authority Effectively
Addressing Negative Authorities
Providing Appropriate Detail in Case Descriptions
Making Case Descriptions as Succinct as Possible
Using Language Effectively
Verb Tense in Case Descriptions
Writing and Using Effective Parenthetical Descriptions
Using Quotations Effectively in Case Descriptions
Not Enough Context
Too Much Quoted Language
Using Language Precisely When Analogizing and Distinguishing Cases
Dealing with Unpublished Decisions
Using Citations Effectively
When to Cite
Distinguishing Between Authorities and Sources
Where to Cite
Using Effective Sentence Structures to Accommodate Citation Form
Avoiding String Citations
Cases That Cite Other Cases
Importance of Pinpoint Citations
Seeing What You Have Written
Focusing Your Revision: Using the Self-Graded Draft
Completing the Self-Grading
Common Self-Grading Tasks and Explanations
Identify the Focus of Each Unit of Discourse
Identify the Phrases-That-Pay Within Each Unit of Discourse
Identify Cited Authorities
Identify the Explanation of Each Focus
Identify Your Client's Facts
Identify the Application of Each Focus to Your Client's Facts
Identify the Connection-Conclusion
Create a Separate Focus List
Write a Final Comment
Following Format Rules
Length Requirements
Typefaces and Margins
Filing Requirements and Number of Copies
Document Format Requirements and Service Requirements
Cover Page
Parties to the Proceeding
Table of Contents
Table of Authorities
Opinions Below
Relevant Enacted Law
Standard of Review
Statement of the Case
Summary of the Argument
The Argument
The Conclusion
Certificate of Service
Certificate of Compliance
Special Teams: Issue Statements, Statement of the Case, Summary of the Argument, Point Headings
Writing the Issue Statement
Motion Brief Introductions
Appellate Brief Questions Presented
Elements to Include
Persuasive Questions Presented
Problems to Avoid
Assuming Elements at Issue
Overlong Questions
Summing Up
Statements of the Case
Formal Requirements
Organizing the Fact Statement
Making the Fact Statement Persuasive
Positions of Emphasis
Spending the Reader's Time, Saving the Reader's Energy
Special Considerations for Motion Brief Fact Statements
Summing Up
Summary of the Argument
Point Headings
Format and Function
Drafting the Point Headings
The Relationships Between and Among Point Headings
Summing Up
Six Degrees of Legal Writing: Making Your Document Reader-Friendly
Find Your "Kevin Bacon"
Install a Symbolic Template to Help Your Reader and Your User
Topic Sentences
Roadmaps and Mini-Roadmaps
Explicit Connection-Conclusions
Exploiting Opportunities for Persuasion
Opportunities for Persuasion
How Not to Persuade
Choosing Issues Responsibly
Exploiting Positions of Emphasis
Persuading with Large-Scale Organization
Persuading Within Each Issue
Persuasive Paragraph Structure
Persuading with Sentence Structure
Subject-Verb Combinations
Active and Passive Voice
Independent and Dependent Clauses
Using Short Sentences for Emphasis
Effective Word Choice
Persuasive Punctuation
The Semicolon
The Dash
The Colon
Avoiding Spelling, Grammatical, and Typographical Errors
Credibility Through Document Design
Citations and Emphatic Text: Underlining, Italics, Bold Faced Type, and Capitalization
Effective Tables
Methods to Use on the Computer
Methods to Use on the Hard Copy
Proofreading Your Revisions
The Last Thing to Do with the Document
Oral Argument
Purpose of Oral Argument
Intellectual Preparation: What Do You Need to Know?
Deciding What Points to Argue
Gathering Information
Physical Preparation: What Should You Bring to the Courtroom?
Presenting the Argument
The Argument Itself
The Conclusion
Handling Questions from the Bench
Word Use
Public Speaking Tips
Moot Court Competitions
Typical Competition Requirements
Differences Between Moot Court Competitions and "Real Life"
Choosing Which Side to Brief
Writing the Brief
Dividing Up the Work
Critiquing Your Teammates' Work
Polishing the Brief
Practice Arguments
The Introduction
Planning for Awkward Moments
The Cold Court
Dealing with Opponents' Misstatements of Law or Facts
The Conclusion
For Reference: Citation Form and Punctuation Information
Putting Citations in Their Place
When to Cite
When Not to Cite
Common Case Citation Formats
Long Form
Short Form
Changing Sentence Structure to Accommodate Citation Form
Statutory Citations
Common Punctuation Problems
Apostrophe Problems
Common Homonym Problems
Rules of Possessives
Semicolon Use
Common Comma Problems
United States Supreme Court Rules
Sample Briefs
Petitioner: Minnesota v. Carter
Respondent: Minnesota v. Carter
Petitioner: Miller v. Albright
Defendant: Garrett v. Kirkby