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Vol 24 No 12 Dec 19/Jan 20

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Cover of Merkin and Flannery on the Arbitration Act 1996

Merkin and Flannery on the Arbitration Act 1996

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Persuasive Written and Oral Advocacy In Trial and Appellate Courts 4th ed

ISBN13: 9781543801729
Previous Edition ISBN: 9781454811138
Published: August 2018
Publisher: Aspen Publishers
Country of Publication: United States
Format: Paperback
Price: £118.00

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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 US 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. Technological developments are explored, including electronic filing, video conference oral arguments, and electronic research.

Preface to the First Edition
Preface to the Second Edition
Preface to the Third Edition
Preface to the Fourth Edition
Part I Persuasive Legal Writing
Getting Started
Writing Persuasively
Writing for Clarity
Finding and Applying the Law
Part II Oral Argument
Preparing for Oral Argument
Presenting the Oral Argument
Part III Trial Proceedings
Preparing Memoranda for the Trial Court and Research Memoranda
Part IV Handling Appeals and Writs
Taking an Appeal
Applying the Standard of Review
Preparing Appellate Briefs and Oral Argument
Preparing Writ Applications, Petitions for Rehearing, and Appellate Motions
Appendix I: Problem: Olsen v. State of Arcadia
Appendix II: Example of an Appellate Brief