Practical Guide to Appellate Advocacy

Name: Practical Guide to Appellate Advocacy
Price: 4.64 USD
Availability: InStock
ISBN: 9780735553774

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…

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: 1.540
Language: English



Using the Examples in This Book


Acknowledgments to the First Edition


Acknowledgments to the Second Edition



Introduction



Before We Begin



Know Your Audience



Follow an Effective Writing Process



How to Use This Book



Summary



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



Summary



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



Summary



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



Summary



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



Summary



Practice Pointers: Using Case Authority Effectively



Addressing Negative Authorities



Providing Appropriate Detail in Case Descriptions



Making Case Descriptions as Succinct as Possible



Focus



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



Summary



Seeing What You Have Written



Focusing Your Revision: Using the Self-Graded Draft



Background



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



Summary



Following Format Rules



Length Requirements



Typefaces and Margins



Filing Requirements and Number of Copies



Document Format Requirements and Service Requirements



Cover Page



Issue



Parties to the Proceeding



Table of Contents



Table of Authorities



Opinions Below



Jurisdiction



Relevant Enacted Law



Standard of Review



Statement of the Case



Summary of the Argument



The Argument



The Conclusion



Signature



Certificate of Service



Certificate of Compliance



Appendix



Summary



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



Pointillism



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



Summary



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



Headings



Roadmaps and Mini-Roadmaps



Explicit Connection-Conclusions



Summary



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



Nominalizations



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



Typeface



Citations and Emphatic Text: Underlining, Italics, Bold Faced Type, and Capitalization



Justification



Effective Tables



Summary



Polishing



Methods to Use on the Computer



Methods to Use on the Hard Copy



Proofreading Your Revisions



The Last Thing to Do with the Document



Summary



Oral Argument



Purpose of Oral Argument



Format



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



Introduction



The Argument Itself



The Conclusion



Handling Questions from the Bench



Rebuttal



Word Use



Public Speaking Tips



Summary



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



Professionalism



Summary



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


Index