Trial preparation is a process that often commences immediately after the close of pleadings. It involves what may be categorised as: external procedural steps directed at the opposing litigant or third parties, such as requesting further particulars and replying to requests, making discovery and subpoenaing witnesses; internal acts of preparation, such as identifying the issues in a matter, determining the witnesses required to be called, preparing to lead and cross-examine witnesses and undertaking research on law. An extensive range of the steps to be taken are dealt with in this book. Where they involve matters of procedural and related law, the basic principles are set out and practical advice is given to assist in deciding when and how to use these legal procedures. Practical steps to prepare for trial are also dealt with in a manner that can be readily understood. To explain abstract concepts, several examples of pleadings in different types of actions (in an appendix) are used as illustrations.

Effective Communication for Lawyers is an essential guide to communicating in the radically and rapidly changing environment of professional law today. The book offers a deep dive into understanding communication as behaviour, as well as practical tools and insights. It connects theory to practice in order to improve client communication, support the current transformation of legal work and prepare readers for future developments and disruptions in the legal profession. Key Features: Introduces 'The Dialogue Box' and explains how to use this foundational communication tool in everyday legal work Provides a solid grounding in the theoretical context and expands the horizons of the relationship between law and communication Offers the reader a clear understanding of why they are communicating and enables effective use of various channels, tools and skills of communication This book will be crucial reading for all practising lawyers, as well as arbitrators, mediators and negotiators. It will also be helpful for law students looking to develop their communication skills ahead of going into practice.

Analyzing sex offense laws and false claims, this book shows that laws based on vengeance rather than justice or evidence create new forms of harm while failing to address the real and pervasive problem of sexual violence. In this timely and extensively researched book, sociologist Emily Horowitz shows how current sex offense policies in the United States create new forms of harm and prevent those who have caused harm from the process of constructive repentance or contributing to society after punishment. Horowitz also illustrates the failure of criminal justice responses to social problems. Sharing detailed narratives from the experiences of those on registries and their loved ones, Horowitz reveals the social impact and cycle of violence that results from dehumanizing and banishing those who have already been held accountable. From Rage to Reason offers a new perspective on how and why false claims about sex offenses became so pervasive and how these myths fostered ineffective policies that have little to do with the reality of most sexual abuse. It argues that to truly prevent sexual abuse, we must unearth the sources of these misunderstandings, debunk these claims in a systematic way, and have frank and genuine discussions about the limits of legal responses to complex social problems. Analyzes the human impact of retributive justice Assesses the indirect harm caused by sex offense policies Offers new insight into the lived experiences of those convicted of sex offenses Considers how sex offense laws and regulations create new forms of violence Critiques the extent to which social problems can be addressed via the criminal justice system

This second edition collection of Legal Letters written by Attorney Andrew Agatston to Children's Advocacy Centers, child advocates and detectives builds upon the 2009 book, "The Legal Eagles of Children's Advocacy Centers: A Lawyer's Guide to Soaring in the Courtroom." It is critical for Children's Advocacy Center professionals, and others who work on behalf of children who have alleged sexual abuse, to have a thorough understanding of the legal system and the legal rules and requirements that directly affect their professional responsibilities. This book is a second collection of Legal Letters that Mr. Agatston has written to his "Legal Eagles" as part of his weekly List Serv that now has subscribers in 35 states.

This volume of the Research in Global Child Advocacy Series explores participatory methodologies and tools that involve children in research. Perspectives on the role of children have transitioned from viewing children as objects of research, to children as subjects of research, to acknowledgement of children as competent contributors and agents throughout the inquiry process. Researchers continue to explore approaches that honor the capacity of children, drawing on diverse methodologies to elevate children's voices and actively engage them in the production of knowledge. Nonetheless, despite these developments, questions over the extent to which children can be free of adult filters and influence merits sustained scholarly attention. The book includes chapters that critically examine methodological approaches that empower children in the research process. Contributions include empirical or practitioner pieces that operate from an empowerment paradigm and demonstrate the agenic capacity of children to contribute their perspectives and voices to our understanding of childhood and children's lives. The text also features conceptual pieces that challenge existing theoretical frameworks, critique research paradigms, and analyze dilemmas or tensions related to ethics, policy and power relations in the research process.

The clergy abuse scandal has posed the greatest threat to the traditional understanding of the Catholic priesthood since the Protestant Reformation. Now, as then, the deadliest attacks are coming from within the Church. In an attempt to improve a system that allowed a small minority of the clergy to violate children and ameliorate the gross negligence of some bishops who recycled these predators, the American bishops instituted the Charter for the Protection of Children and Young People in 2002. It is, unfortunately, doing the Church more harm than good.

In Hope Springs Eternal in the Priestly Breast, Fr. James Valladares shows how justice and charity have been violated by some bishops in dealing with accused priests. He examines the pertinent canons that guide the Church's judicial system and finds that these are often ignored or wrongly applied. He provides true cases that highlight the injustice of the process and the agony of priests who have been subjected to the charter's draconian mandates.

The Church has incurred tremendous financial losses because of settlements rising from both legitimate and false claims. Her image has been marred by the secular media, which has taken advantage of the crisis. Even so, we often fail to understand how trivial these are in comparison to the damage done to the priesthood by the enactment of the charter's policies. This is the most pressing issue that the bishops need to address.

Lopeman examines the impact advocacy of intentional judicial activism by a justice of a state supreme court can have on establishing the court as a policy maker. He examines the attitudinal model and the judicial role model of decision making and concludes that, while the attitudinal model might describe the decision-making process in the U.S. Supreme Court, the judicial role model better describes decision making in state supreme courts. This judicial role model allows the activist to transform a court into a policy maker.

The traditions, recent history, and biographies of recent justices of the Indiana, West Virginia, and Ohio courts are examined to establish a significant relationship between the presence of an activist advocate justice and active policy making by the courts. These courts' decisions in cases with policy making potential are contrasted with decisions in similar cases of three state supreme courts that did not have an advocate justice. Lopeman argues that the presence of an activist advocate explains a court's transformation to active policy making, and that other apparent explanations are insufficient. He emphasizes that the motives of an activist advocate are likely to determine the permanence of policy making in the court. This volume is an important resource for political scientists, legal scholars, and other researchers involved with judicial decision making, state politics, and state constitutional law.

'Advocacy: A Practical Guide' is for those who wish to learn essential advocacy skills as well as those seeking to make their advocacy more effective. The author has taught advocacy in over 20 countries and recognises that the challenges of advocacy throughout the world are much the same. This accessible book is intended to give you essential knowledge, tips, confidence and support. 'Advocacy: A Practical' provides you with techniques with which, by practice and experience, you can refine your skills. The book shows you how to overcome nerves; how to present clearly and ethically; and how to undertake case analysis. It will also show you how to succeed in Interim Applications (Motions); Handling Witnesses in Examination-in-Chief (Direct Examination) and in Cross-Examination; Re-examination; Making Submissions of Law to a Court or Panel; and Trial Speeches. There is also a section on Written Advocacy which teaches you to write persuasively and how to draft submissions and effective skeleton arguments. Finally, the book is full of stories and examples of skilful advocacy. It looks at the great advocates; their methods and approaches to winning cases and what made them stand out from the rest. This book is based on civil advocacy and arbitration, although patent attorneys and criminal practitioners will also find it valuable. International lawyers will also find the book helpful, providing as it does a better understanding of common law practices such as cross-examination.

This second edition collection of Legal Letters written by Attorney Andrew Agatston to Children's Advocacy Centers, child advocates and detectives builds upon the 2009 book, "The Legal Eagles of Children's Advocacy Centers: A Lawyer's Guide to Soaring in the Courtroom." It is critical for Children's Advocacy Center professionals, and others who work on behalf of children who have alleged sexual abuse, to have a thorough understanding of the legal system and the legal rules and requirements that directly affect their professional responsibilities. This book is a second collection of Legal Letters that Mr. Agatston has written to his "Legal Eagles" as part of his weekly List Serv that now has subscribers in 35 states.

Drawing on representative corpora of transcripts from over 100 English criminal jury trials, this stimulating new book explores the nature of 'legal-lay discourse', or the language used by legal professionals before lay juries. Careful analyses of genres such as witness examination and the judge's summing-up reveal a strategic tension between a desire to persuade the jury and the need to conform to legal constraints. The book also suggests ways of managing this tension linguistically to help, not hinder, the jury.

Working in Language and Law is a detailed account of the forensic linguistic work done by the author in the last 35 years. It provides exemplary insights into an ever-expanding field of expert testimony, focusing on the situation in Germany since the seventies and covering all major areas of the field.

This volume provides an authoritative, evenhanded overview of the Trump administration's family separation and child detention policies at the U.S.-Mexico border-and the impact of those policies and actions on children, their parents, border security, and U.S. politics. The 21st Century Turning Points series is a one-stop resource for understanding the people and events changing America today. Each volume provides readers with a clear, authoritative, and unbiased understanding of a single issue or event that is driving national debate about our nation's leaders, institutions, values, and priorities. This particular volume is devoted to the issue of child migrant detention on the U.S.-Mexico border. It provides background information on the political, social, and economic forces driving undocumented immigration into America; explains the policies and records of both the Obama and Trump administrations on immigration, deportation, and border security; summarizes current laws and regulations governing U.S. border and immigration policies; recounts President Trump's rhetoric and record on both legal and "illegal" immigration, including his promise to build a "Border Wall" with funds from Mexico; surveys living conditions in the border detention centers operated by U.S. authorities; and discusses the impact of detention and family separation on children taken into custody. Entries devoted to specific events and milestones Biographical profiles of important activists and figures Essays that explore the lasting impact of child detention on migrant children, their families, immigration trends, and American politics and society Annotated bibliography of sources for further study

Children's rights and human development is a new and uncharted domain in human rights and psychology research. This multidisciplinary children's rights reader is a first attempt to introduce this domain to students and researchers of children's rights, child development, child maltreatment, family and child studies, and related fields. For many lawyers, children's rights are limited to their legal dimension: the norms and institutions of international human rights law, often with an exclusive focus on the Convention on the Rights of the Child and its monitoring treaty body, the Committee on the Rights of the Child. However, there are three more dimensions to children's rights. Children's rights share a moral and a political dimension with all human rights, which most non-international lawyers all too often overlook. And children's rights have a fourth dimension: the time dimension of child and human development. This time dimension is multidisciplinary in itself. Human development begins nine months before childbirth. When we are four years of age, our brain is 90% adult size. The infrastructure of our personality, health, and resilience is formed in our first years of life, determined by the quality and sheer quantity of parent-child interaction and secure attachment formation. Yet, more than one third of children are not securely attached. According to research published in The Lancet in 2009, one in ten children in high income countries is maltreated. Violence against children is a worldwide plague. Socio-economic and socio-emotional deprivation are still transmitted from generation to generation in both rich and poor states. Investing in early childhood development, positive parenting, and child rights education makes sense. This book brings together substantial and fascinating texts from many fields and disciplines that illustrate and elaborate this point. Arranged in ten chapters titled according to pertinent child rights principles and concepts, these texts offer a state-of-the-art view of the enormous progress made in the past decades in several fields of human knowledge. In between these texts, several news and factual items inform the reader on the huge gap that still exists between what we know and what we do to make this world a better place for children, to promote human development, and to protect human rights better. Child rights violations are still met with more rhetoric than leadership. But change is on its way. The book's contents may be used both as background readings and as tasks for group discussion in problem-based learning or other educational settings in child rights law and psychology courses. It is also aimed at a broader academic and public audience interested in the many aspects and ramifications of children's rights and human development.

This work deals with the real practicalities of getting results in the Magistrates' Court. It looks at who's who at court, and who holds what information, where forms are kept and how to fill them in. This new edition contains practical guidance which until now has been hard to find in other publications for example: how to get bail; how to argue for separate representation; what you should be looking for in disclosure; and a digest of jargon and shorthand used by the police, CPS and court staff.

- The only book providing a one-stop solution for students preparing for the SQE2 examination in advocacy. Structure, content and language designed to meet the requirements of the SQE2. - Written by an author involved in the planning and development of the SQE - essentially an insider. - Rich pedagogy will suit non-law graduates as well as law graduates. Interactive features will give students the opportunity to practice before taking their SQE2 assessments.

Thirty years after the adoption of the UN Convention of the Rights of the Child, this book provides diverse perspectives from countries and regions across the globe on its implementation, critique and potential for reform. The book revolves around key issues including progress in implementing the CRC worldwide; how to include children in legal proceedings; how to uphold children's various civil rights; how to best assist children at risk; and discussions surrounding children's identity rights in a changing familial order. Discussion of the CRC is both compelling and polarizing and the book portrays the enthusiasm around these topics through contrasting and comparative opinions on a range of topics. The work provides varying perspectives from many different countries and regions, offering a wealth of insight on topics that will be of significant interest to scholars and practitioners working in the areas of children's rights and justice.

The Fundamental Principles of Effective Trial Advocacy guides the trial lawyer in developing a winning theory and using it throughout every phase of the trial. The text focuses in depth on each phase of the trial from opening statement to examination-in-chief, cross-examination and final argument.

The book also examines the characteristics of effective trial lawyers, the rhetorical techniques that enhance the persuasive force of advocacy and the basic principles of formulating effective questions.

Practical and engaging examples distil the fundamental principles and strategies that lead to success in the courtroom.

The removal of Aboriginal and Torres Strait Islander children from their families gained national attention in Australia following the Bringing Them Home Report in 1997. However, the voices of Indigenous parents were largely missing from the Report. The Inquiry attributed their lack of testimony to the impact of trauma and the silencing impact of parents' overwhelming sense of guilt and despair; a submission by Link-Up NSW commented on Aboriginal mothers being "unwilling and unable to speak about the immense pain, grief and anguish that losing their children had caused them." This book explores what happened to Aboriginal mothers who had children removed and why they have overwhelmingly remained silent about their experiences. Identifying the structural barriers to Aboriginal mothering in the Stolen Generations era, the author examines how contemporary laws, policies and practices increased the likelihood of Aboriginal child removal and argues that negative perceptions of Aboriginal mothering underpinned removal processes, with tragic consequences. This book makes an important contribution to understanding the history of the Stolen Generations and highlights the importance of designing inclusive truth-telling processes that enable a diversity of perspectives to be shared.

- The only book providing a one-stop solution for students preparing for the SQE2 examination in advocacy. Structure, content and language designed to meet the requirements of the SQE2. - Written by an author involved in the planning and development of the SQE - essentially an insider. - Rich pedagogy will suit non-law graduates as well as law graduates. Interactive features will give students the opportunity to practice before taking their SQE2 assessments.

American political and legal culture is uncomfortable with children's sexuality. While aware that sexual expression is a necessary part of human development, law rarely contemplates the complex ways in which it interacts with children and sexuality. Just as the law circumscribes children to a narrow range of roles-either as entirely sexless beings or victims or objects of harmful adult sexual conduct-so too does society tend to discount the notion of children as agents in the domain of sex and sexuality. Where a small body of rights related to sex has been carved out, the central question has been the degree to which children resemble adults, not necessarily whether minors themselves possess distinct and recognized rights related to sex, sexual expression, and sexuality. Children, Sexuality, and the Law reflects on some of the unique challenges that accompany children in the broader context of sex, exploring from diverse perspectives the ways in which children emerge in sexually related dimensions of law and contemporary life. It explores a broad range of issues, from the psychology of children as sexual beings to the legal treatment of adolescent consent. This work also explores whether and when children have a right to expression as understood within the First Amendment. The first volume of its kind, Children, Sexuality, and the Law goes beyond the traditional discourse of children as victims of adult sexual deviance by highlighting children as agents and rights holders in the realm of sex, sexuality, and sexual orientation.

The removal of Aboriginal and Torres Strait Islander children from their families gained national attention in Australia following the Bringing Them Home Report in 1997. However, the voices of Indigenous parents were largely missing from the Report. The Inquiry attributed their lack of testimony to the impact of trauma and the silencing impact of parents' overwhelming sense of guilt and despair; a submission by Link-Up NSW commented on Aboriginal mothers being "unwilling and unable to speak about the immense pain, grief and anguish that losing their children had caused them." This book explores what happened to Aboriginal mothers who had children removed and why they have overwhelmingly remained silent about their experiences. Identifying the structural barriers to Aboriginal mothering in the Stolen Generations era, the author examines how contemporary laws, policies and practices increased the likelihood of Aboriginal child removal and argues that negative perceptions of Aboriginal mothering underpinned removal processes, with tragic consequences. This book makes an important contribution to understanding the history of the Stolen Generations and highlights the importance of designing inclusive truth-telling processes that enable a diversity of perspectives to be shared.