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 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. Sophisticated, realistic litigation problems in the accompanying Case Files help put principles in practice and allow instructors a great deal of flexibility. Technological developments are explored, including electronic filing and electronic research. New to the Second Edition: Revisions to Supreme Court Rules and Federal Rules of Appellate Procedure Updated use and citation of literature Additional advice on achieving writing and speaking goals Professors and students will benefit from: The book explains "how to" achieve effective briefs and argument. Examples make the advice concrete rather than abstract. The book provides extensive review and citation of advice from judges and practitioners. Organization permits teachers to select material as appropriate for class needs.

This text will expose you to the many documents used in preparing for trial and appellate advocacy by providing a complete set of documents to supplement your persuasive legal writing, pre-trial practice, appellate advocacy, or moot court class. Case File II spotlights First Amendment and substantive tort issues that teach you how to argue legal and factual issues, extrapolate issues from the record, find evidentiary support for their position, and grapple with challenges of scope of review and harmless error. Practicing Persuasive Written and Oral Advocacy: Case File II demonstrates the link between the classroom and the courtroom: a simulated case, Coburn v. Martinez, is based on actual events and offers high human-interest valuedocuments are designed to achieve precise teaching objectives; they faithfully replicate reality, but improve upon itthe case file includes: a compliant, defensive motions with supporting and opposing declaration, depositions, and a detailed record-on-appeal transcriptexercises may contain one or more memoranda and oral arguments before the trial courts, as well as briefs and oral arguments before an appellate courts

With a practical focus on persuasive writing strategies, Advanced Legal Writing: Theory and Strategies in Persuasive Writing explores three classical techniques: logos, pathos, and ethos, and provides students with a thorough introduction to the elements of rhetorical style. Unlike many other advanced legal writing texts, which tend to focus on a document-specific approach, this unique coursebook focuses on classical writing strategies that students can apply to a wide range of settings. The depth and scope of this text make it appropriate for upper-level legal writing courses. The Third Edition has been expanded to include the use of movies and other popular culture media in chapters dealing with literary references. There have also been substantial revisions to the chapter on policy. Features: Comprehensive coverage of the technical aspects of rhetorical style: metaphor, literary allusion, and figures of speech. Emphasizes theory as well as practice, building on three basic strategies of persuasive legal writing: Logos: Logic and rational argument. o Pathos: Value-based argument. Ethos: Establishing credibility. Highlights interdisciplinary contributions to persuasive writing from diverse fields, including cognitive psychology, classical rhetoric, and morality theory. Presents effective strategies that extend beyond the trial or appellate brief to a broad range of documents and settings. Covers new developments in cognitive psychology, pathos, persuasion, and the role of metaphor in persuasive legal writing. Depth and scope appropriate for upper-level legal writing classes. Thoroughly updated, the revised Third Edition offers: Substantial revisions to the chapter on policy. Expanded chapters on literary references now include other media, e.g., movies and other pop culture platforms.

This book is a practical guide for advocates interested in the representation of victims before the International Criminal Court (ICC). It has been developed by experts responsible for the advocacy training of the International Criminal Court's List of Counsel members. Written in a readily accessible style, this guide provides a firm grounding in relevant legal doctrine, essential advocacy techniques and valuable multidisciplinary perspectives. Drawing upon global expertise from legal practitioners, specialist advocacy trainers and multi-disciplinary writers, this book addresses both practical considerations and key challenges faced by ICC victim advocates. These include issues such as gender, child victims, victims of sexual violence, special need victims and victims who are themselves implicated in international crimes. Through its practical focus on advocacy techniques, hypothetical case studies, checklists, interviews from the field and lists of further resources, this manual equips readers with the knowledge and skills necessary to engage in sophisticated ICC victim advocacy. This book will also appeal to those interested in the workings of International Criminal Law and in victim advocacy and victimology more broadly.

Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern theories on the topic. Beginning with Aristotle's Rhetoric and culminating with Cicero's De Oratore and Quintilian's Institutio Oratoria, Greek and Roman rhetoricians created a clear, experience-based theoretical framework for analyzing legal discourse. This book is the first to systematically examine the connections between classical rhetoric and modern legal discourse. It traces the history of legal rhetoric from the classical period to the present day and shows how modern theorists have unknowingly benefited from the classical works. It also applies classical rhetorical principles to modern appellate briefs and judicial opinions to demonstrate how a greater familiarity with the classical sources can deepen our understanding of legal reasoning.

The CLEAR curriculum, developed by the University of Virginia's National Research Center on the Gifted and Talented, is an evidence-based teaching model that emphasizes Challenge Leading to Engagement, Achievement, and Results. In Research and Rhetoric: Language Arts Units for Gifted Students in Grade 5, students will engage in a systematic study of rhetoric as contemplated by the Greek philosopher Aristotle. Students will answer the question: When do you appeal to one's intellect, to emotions, or perhaps to one's sense of morality when trying to persuade? In the research unit, students will learn and employ advanced research skills from crafting open-ended research questions and discerning between reliable sources. They will carry out their own research study and present findings at a research gala. These units focus on critical literacy skills including reading diverse texts, understanding a speaker's or author's perspective, and understanding an audience's perspective. Winner of the 2016 NAGC Curriculum Studies Award Grade 5

The Moot Court Workbook offers an opportunity to participate a range of lawyerly skills, such as collaborating, scheduling, and managing stress, in addition to honing the skills of legal analysis, research, persuasive writing, and oral advocacy. This workbook enhances the educational and practical experience of moot court, including the development of professional identity, and offers basic information students need to perform well in Moot Court and to cultivate professional skills that will make them successful after graduation. Professors and students will benefit from: A focus on active learning—with annotated examples drawn from filed briefs and oral arguments, exercises, tip sheets, rubrics, and checklists—to engage students and to help them learn and retain core content. The authors' experience as professors who teach legal writing (including persuasive writing and oral argument), coach moot court teams, and judge moot court competitions. Clear organization and descriptive headings that ensure easy access to relevant topics Workbook topics that are designed to advance students’ understanding and use of persuasive advocacy skills without limitation to a particular competition problem. Examples and exercises (with suggested answers) that are drawn from a variety of subject areas.

Legal Method and Writing, Ninth Edition

Designed for Legal Research & Writing courses, this book introduces the reader to the study of law and legal analysis. Part I examines why we have law and our responsibilities as lawyers. Part II discusses the law school experience, including how to study, how to learn, how to prepare for and take exams, and how to manage stress. Part III guides law students through the steps of legal analysis, including the sources of law, the analysis of enacted law and case law, the synthesis of multiple sources of law, and the application of law to facts. Topics include tools to help students grasp the analytical skills needed to perform well in law school, as well as many examples and opportunities to apply the information learned. Part IV discusses how best to communicate that analysis in law office memos and client letters, emphasizing good organization, clear writing, and accurate citation. Part V reviews the research process, including how to develop a research plan, when to use online and print resources, and where to find the materials needed.