Motion Practice and Persuasion

Motion Practice and Persuasion PDF

Author: L. Ronald Jorgensen

Publisher: American Bar Association

Published: 2006

Total Pages: 260

ISBN-13: 9781590316306

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This book teaches new lawyers how to effectively make and oppose motions and help experienced lawyers create more original and innovative work. It teaches the basics of motion practice, with a particular focus on the written motion and provides expert advice on making motions more persuasive. It discusses the tools of persuasion and the marshaling of facts, law and form to produce a winning motion. Instead of merely laying out the rules, the book outlines the analysis that the lawyer must make in writing and presenting a motion.

Motion Practice

Motion Practice PDF

Author: David F. Herr

Publisher: Wolters Kluwer

Published: 2017-06-03

Total Pages: 970

ISBN-13: 1454883898

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This comprehensive guide not only analyzes every applicable rule of civil procedure, but also gives you practice-proven techniques for evaluating what motions will work most effectively in each of your cases. From early pretrial motions dealing with complaints and jurisdiction to appellate motion practice for both victor and vanquished, Motion Practice, Eighth Edition shows you both what is permissible and what is advisable in such aspects of motion practice as:

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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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.

Articulate Advocate

Articulate Advocate PDF

Author: Brian Johnson

Publisher: Crown King Books

Published: 2016-03-01

Total Pages: 248

ISBN-13: 1939506042

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An advocate may know what to say but is only effective when he or she knows how to be persuasive. Combining fact with know-how to persuade judges, juries, and arbitrator, the book teaches immediately useful techniques such as how to channel the initial adrenaline buzz, grab and hold the fact finder's attention, gesture while speaking, speaking in phrases, and polishing the persuasive style. Based on 25 years of experience from coaching practitioners, this guide integrates cutting edge discoveries in human factors, gesture studies, linguistics, neuroscience, and sports psychology to give litigators a competitive edge. This brand new edition includes all new illustrations and new information on motions, arbitrations, and appeals.

The Curmudgeon's Guide to Practicing Law

The Curmudgeon's Guide to Practicing Law PDF

Author: Mark Herrmann

Publisher: American Bar Association

Published: 2006

Total Pages: 162

ISBN-13: 9781590316764

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This collection of essays written by The Curmudgeon, offers practical, honest and you need to know this advice for surviving and thriving in a law firm. The book covers the basics of law practice and law firm etiquette, from doing effective research and writing to dressing for success, dealing with staff and clients and building a law practice. Concise, humorous and full of valuable (albeit curmudgeonly) insight, this is a must-read for every newly minted law school graduate or new lawyer.

Law and Evidence

Law and Evidence PDF

Author: Charles P. Nemeth

Publisher: CRC Press

Published: 2023-03-08

Total Pages: 314

ISBN-13: 1000846016

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Law and Evidence: A Primer for Criminal Justice, Criminology, and Legal Studies, Third Edition, introduces the complex topic of evidence law in a straightforward and accessible manner. The use and function of evidence in both criminal and civil cases is examined to offer a complete understanding of how evidence principles play out in the real world of litigation and advocacy. This revised Third Edition includes new discussions of rules and case law analysis, forensic cases and evidentiary software programs. Key features: Every chapter contains new legal authority that apples to traditional legal principles relevant to evidence law Offers full coverage of evidentiary codes and statutes Provides practical forms, checklists and additional tools throughout for use by current and future practitioners Course ancillaries including, PowerPointTM lecture slides and an Instructor’s Manual with Test Bank, are available with qualified course adoption.

Persuasive Written and Oral Advocacy in Trial and Appellate Courts

Persuasive Written and Oral Advocacy in Trial and Appellate Courts PDF

Author: Michael R. Fontham

Publisher: Aspen Publishers

Published: 2007

Total Pages: 460

ISBN-13: 9780735562301

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This effective text offers in-depth and detailed coverage of appellate practice as well as trial court motions practice. Persuasive Written and Oral Advocacy: In Trial and Appellate Courts, Second Edition, guides the reader through the process of preparing forceful arguments iquest; finding the law, organizing the presentation, writing clearly and persuasively, and planning for oral argument. the strengths of this classroom-tested text include: 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 with an emphasis on the how important it is to consider of the judgeiquest;s time and perspective when preparing an argument liberal use of concrete examples based on a hypothetical case file throughout the book, along with extensive advice for editing accompanying Case File published each year -- designed to put in practice the principles advocated throughout the text, case files are sophisticated, realistic litigation problems and are designed to allow instructors a great deal of flexibility. Each case file is accompanied by its own Teacheriquest;s Manual detailed Teacheriquest;s Manual, including lectures, sample exercises, and sample syllabi Updated and fine tuned, The Second Edition includes: recent developments, including electronic filing and video conference oral arguments a streamlined Chapter Six (Preparing for Oral Argument) making the presentation more student-friendly new sections on harmless error and changes to Rule 32 And The status of unpublished opinions updated chapter on research to include developments in electronic research New design enhances the accessibility of the text

Making Your Case

Making Your Case PDF

Author: Antonin Scalia

Publisher: West Publishing Company

Published: 2008

Total Pages: 0

ISBN-13: 9780314184719

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In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.

Injunctive Relief

Injunctive Relief PDF

Author: Kirstin Stoll-DeBell

Publisher: American Bar Association

Published: 2009

Total Pages: 484

ISBN-13: 9781604424027

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The injunction is an exceptionally potent remedy, the grant or denial of which often leads to a cascade of serious consequences. This comprehensive and practical guide to injunctive relief covers all issues that are relevant to these types of motions from pre-filing considerations to appellate relief. The book also includes time-saving checklists, flowcharts to help practitioners decide whether to file such motions and statistics relating to how often these motions are granted/denied.

Point Well Made

Point Well Made PDF

Author: Nancy Vaidik

Publisher: Aspen Publishing

Published: 2017-02-09

Total Pages: 293

ISBN-13: 1601566220

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Today’s litigator must master arguing motions to succeed. How can you effectively argue a motion before a judge? How do you prepare for a motion hearing, which if you are lucky, turns into a discussion with a judge who may be concerned with nuances you may or may not have considered? In Point Well Made: Oral Advocacy in Motion Practice, Indiana Court of Appeals Chief Judge Nancy Vaidik and legal international communications coach Rebecca Diaz-Bonilla help get you there, with their invaluable perspectives from both on and off the bench. They teach you not only what to prepare before the hearing, but also how to be nimble and responsive once you arrive. Point Well Made is a hands-on, practical guide that helps you devise your theme, persuasively relay your facts, simplify the law, prepare the right notes for the hearing, gain insight into your particular judge so you can customize your argument, deliver the motion with successful voice and body language techniques, and answer challenging questions with confidence. It helps you know what to say and how to say it, features sample language to address the varied situations you may encounter in a hearing, advises you on dealing with a multi-judge panel, and demonstrates techniques through examples and exercises.