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Books > Law > Jurisprudence & general issues > Legal skills & practice > General
Winner, 2019 Global Legal Skills Book Award, given by the Global Legal Skills Conference An essential handbook for international lawyers and students Focusing on vocabulary, Essential Legal English in Context introduces the US legal system and its terminology. Designed especially for foreign-trained lawyers and students whose first language is not English, the book is a must-read for those who want to expand their US legal vocabulary and basic understanding of US government. Ross uses a unique approach by selecting legal terms that arise solely within the context of the levels and branches of US government, including terminology related to current political issues such as partisanship. Inspired by her students' questions over her years of teaching, she includes a vast collection of legal vocabulary, concepts, idioms, and phrasal verbs and unpacks concepts embedded in US case law, such as how the US constitutional separation of powers may affect a court's interpretation of the law. The handbook differentiates basic terms in civil and criminal cases and compares terms that may seem similar because of close spellings but in fact have different meanings. For instance, what is the distinction between "taking the stand" and "taking a stand?" What is the difference between "treaties" and "treatises"? Featuring illustrations and hands-on exercises, Essential Legal English in Context is a valuable self-study resource for those who want to improve their legal English terminology before entering a US law school, studying US law or government, or working as a seconded attorney to a US law firm. Instructors can use the handbook in an introductory US legal English course.
What is legal language and where is it found? What does a forensic linguist do? How can linguistic skills help legal professionals? We are constantly surrounded by legal language, but sometimes it is almost impossible to understand. Providing extracts from real-life legal cases, this highly usable and accessible textbook brims with helpful examples and activities that will help you to navigate this area. Language and Law: * introduces useful linguistic concepts and tools * outlines the methods linguists employ to analyse legal language and language in legal situations * includes topics on such as: written legal language; threats, warnings and speech act theory; courtroom interactions and the work linguists do to help solve crimes; physical and 'spoken' signs; and the creativity of legal language
This book provides a practical handbook for legislation. Written by a team of experts, practitioners and scholars, it invites national institutions to apply its teachings in the context of their own drafting manuals and laws. Analysis focuses on general principles and best practice within the context of the different systems of government in Europe. Questions explored include subsidiarity, legitimacy, efficacy, effectiveness, efficiency, proportionality, monitoring and regulatory impact assessment. Taking a practical approach which starts from evidence-based rationality, it represents essential reading for all practitioners in the field of legislative drafting.
Although seemingly bizarre and barbaric in modern times, trial by ordeal-the subjection of the accused to undergo harsh tests such as walking over hot irons or being bound and cast into water-played an integral, and often staggeringly effective, role in justice systems for centuries. In "Trial by Fire and Water," Robert Bartlett examines the workings of trial by ordeal from the time of its first appearance in the barbarian law codes, tracing its use by Christian societies down to its last days as a test for witchcraft in modern Europe and America. Bartlett presents a critique of recent theories about the operation and the decline of the practice, and he attempts to make sense of the ordeal as a working institution and to explain its disappearance. Finally, he considers some of the general historical problems of understanding a society in which religious beliefs were so fundamental. Robert Bartlett is Wardlaw Professor of Medieval History at the University of St. Andrews.
Attorneys must develop many skills in order to benefit fully from their collaborations with forensic document examiners in cases involving questioned documents. This comprehensive guide for attorneys provides a thorough grounding in how to prepare for court and deposition testimony. It also explains how to select appropriate comparison documents for forensic document examiners, the basic principles of handwriting identification (the knowledge of which enables lawyers to challenge incorrect statements), and what document examiners can and cannot determine based on the evidence. When the authenticity of a document is in question in the courtroom, forensic document examiners are brought in to determine such things as whether a signature has been forged, whether the document has been altered, and whether it is all things it purports to be. The examination of suspect documents generally involves comparison with examples of known genuine writing. Attorneys need to know how to select appropriate comparison documents for forensic document examiners. This is but one of the many skills that attorneys must develop in order to benefit fully from their collaborations with forensic document examiners, and it is explained here in detail. So, too, are the basic principles of handwriting identification, the knowledge of which enables lawyers to challenge incorrect statements. This comprehensive and thorough guide for attorneys also explains what document examiners can and cannot determine based on the evidence, and it provides a thorough grounding in how to prepare for court and deposition testimony. Among the many unique features of this attorney's guide is an extensive list of questions for lawyers to ask their own, and their opponent's, expert witnesses before going to trial. The deposition of a forensic document examiner includes questions relating to the examiner's experience, working methodology, background and education, knowledge base, certifications, achievements, and many other items relating to the examiner's abilities. Next, an extensive set of questions helps lawyers ask for the right information pertaining to the examiner's specific methods of preparation for the case at hand. After the deposition is taken, the expert must be qualified in court; this book includes 60 qualifying questions. After qualification, it is time to move on to questions about document examination and the case being litigated. Finally, new questions pertaining specifically to the cross-examination of document examiners are presented, once again relating to credentials and a given case. This valuable resource concludes with a chapter describing the relevance of various court citations involving handwriting. Appendices are devoted to suggested reading; a resource list of experts related to the field, including photographers, librarians, and appraisers; organizations; and a glossary of technical terms.
The legal profession is one of honor, respect and dignity-- compensated not only with treasure, pleasure and honor but with the right to right a wrong. In David and Goliath in the Modern Court, author Virgilio J. Santiago provides insight into the Philippine justice system and the role of lawyer to attain truth and dispense justice not only in the Philippines but in all courts of justice, the primordial duty of courts of justice being to attain truth and dispense justice . As Santiago grew up in Manila, he had little ambition. His desires included becoming a driver, marrying his sweetheart, and living a simple life. It took an accident and a possible jail sentence to change his mind. On March 15, 1965, he realized his mother's dream for him to become an attorney. In this memoir, Santiago recalls the highlights of his career and relates details of clients, cases, trials, and verdicts. David and Goliath in the Modern Court narrates Santiago's quest to attain truth and justice, and it describes how courts in the Philippines traversed the labyrinth path of lies, fraud, and schemes to stop evil.
Although international arbitration has emerged as a credible means of resolution of transnational disputes involving parties from diverse cultures, the effects of culture on the accuracy, efficiency, fairness, and legitimacy of international arbitration is a surprisingly neglected topic within the existing literature. The Culture of International Arbitration fills that gap by providing an in-depth study of the role of culture in modern day arbitral proceedings. It contains a detailed analysis of how cultural miscommunication affects the accuracy, efficiency, fairness, and legitimacy in both commercial and investment arbitration when the arbitrators and the parties, their counsel and witnesses come from diverse legal traditions and cultures. The book provides a comprehensive definition of culture, and methodically documents and examines the epistemology of determining facts in various legal traditions and how the mixing of traditions influences the outcome. By so doing, the book demonstrates the acute need for increasing cultural diversity among arbitrators and counsel while securing appropriate levels of cultural competence. To provide an accurate picture, Kidane conducted interviews with leading international jurists from diverse legal traditions with first-hand experience of the complicating effects of culture in legal proceedings. Given the insights and information on the rules and expectations of the various legal traditions and their convergence in modern day international arbitration practice, this book challenges assumptions and can offer a unique and useful perspective to all practitioners, academics, policy makers, students of international arbitration.
This is not another tedious rulebook littered with unfounded gimmicks contrived at a faculty mixer. Here you will find relevant advice from an attorney who has been writing trial and appellate briefs on the frontlines for two decades. Amid the new material in this expanded edition, Mr. Bowlan subdues the oft dreaded summary judgment response. And the gloves come off when he addresses legal ethics in the Epilogue - "Welcome to the Dark Side" - a must-read for every law student who intends to become a practicing lawyer. What do Trolls, Curmudgeons and Yapping Chihuahuas have to do with legal writing? Open the cover and find out.
A Substantial Collection of Legal Maxims That is Now an Accepted ClassicEach maxim is expertly translated, and enhanced by Broom's knowledgeable explanatory essays that provide the source and meaning, and are in themselves extremely well-annotated. Taken in light of his excellent classification system, Broom's essays will facilitate an understanding of the principles of common law. This popular book obtained a wide circulation and went through many editions, this being a reprint of the eighth (and last) American edition of 1882. Includes an Alphabetical List of Legal Maxims, a Table of Cases and Index. "His is the very best book of the kind extant." -J.G. Marvin, Legal Bibliography 152Herbert Broom 1815-1822] was educated at Trinity College, Cambridge, and was called to the bar at the Inner Temple in 1840, where he occupied the post of reader of common law. He was the author of two novels and several works on different aspects of law, including Commentaries on the Common Law (1856), Constitutional Law Viewed in Relation to Common Law and Exemplified by Cases (1866) and Philosophy of Law: Notes and Lectures 1876-8. CONTENTSCh.I. Sec. I. Rules Founded in Public Policy Sec. II. Rules of Legislative PolicyCh. II. Maxims Relating to the CrownCh. III. Sec. I. The Judicial Office Sec. II. The Mode of Administering JusticeCh. IV. Rules of LogicCh. V. Fundamental Legal PrinciplesCh. VI. Acquisition, Enjoyment and Transfer of PropertySec. I. The Mode of Acquiring PropertySec. II. Property-Its Rights and LiabilitiesSec. III. The Transfer of PropertyCh. VII. Rules Relating to Marriage and DescentCh. VIII. The Interpretation of Deeds and Written InstrumentsCh. IX. The Law of ContractsCh. X. Maxims Applicable to the Law of Evidence
The use of microcomputers as decision aids in law practice is increasing rapidly. Nagel here shows how developments in software over the last few years are making microcomputers practically indispensable to lawyers as decision aids. This is in contrast to his earlier book on "Microcomputers as Decision Aids in Law Practice." It dealt speculatively with ways in which decision-aiding software could be used by lawyers for judicial prediction, litigation strategy, allocating scarce resources, and negotiation-mediation. The book is divided into three parts covering general developments, specific lawyer skills, and application to all fields of law. The first part previews various uses of decision-aiding software by practicing lawyers, including a general discussion of the potential and actual benefits of such software. How decision-aiding software enhances specific lawyer skills comprises the second and largest part of the work. Among the topics discussed are computer-aided counseling, computer-aided mediation, legal policy evaluation and computer-aided advocacy, law prediction, and legal administration. In the third part, Nagel assesses applications of decision-aiding software to all fields of law, with an emphasis on contracts, property, torts, family law, criminal law, constitutional law, economic regulation, international law, civil procedure, and criminal procedure. In a provocative concluding chapter, he deals with the thorny issues of individual ethics and professional responsibility in the context of microcomputers. Because decision-aiding software encourages decision makers to be much more explicit about their goals than they otherwise would be, its use raises questions as to whose goals should be pursued and to what degree. This is a nuts-and-bolts guidebook that will be a valuable tool for practicing attorneys with some knowledge of microcomputers and is recommended reading for legal scholars and law students.
Within a span of less then a decade, more than twelve of the nation's largest law firms, those with more than 1,000 partners between them had completely vanished. The decline and ultimate failure of these firms were not only attributable to a crisis in market conditions, it was also attributable to a crisis in firm leadership, values and brand identity. Supported by more than one hundred candid interviews with top law partners across the United States, this 2014 best-selling law practice management book reveals how law firms can become marketing giants by learning a new conceptual foundation behind professional service marketing and value driven branding. This book promises to unlock revenue potential, bring marketing goals into focus and bolster confidence for law firms of all sizes. This book teaches us that no matter how hard a firm tries to create a compelling brand, it will ultimately fail unless the brand is a truthful and inspired statement of the firm's true character, capabilities and values. Firms with illusory brands will find it increasingly difficult to compete against more progressive firms, specifically those that have embraced the specific marketing processes behind value driven branding. Who are these progressive firms? Value branded firms are made up of change agents, unafraid of declaring their most valued beliefs and actually live by them; unity over division, peace over conquest and wisdom over cunning. These firms are made up of lawyers that view themselves as trusted counselors and in the noblest sense of the term, healers of human conflict. Watch them closely the author urges, because they are poised to redefine the profession of law. "A compelling and analytical roadmap to growing your law practice and a must-read for law firm leaders...." -- Martindale-Hubbell, Timothy Corcoran, Former V.P. Market Planning "Henry's Book is a must read for any professional interested in excelling at law firm marketing...." Aleisha Gravit, CMO of Akin Gump "This is a great book...it belongs with the classics of law firm management and service marketing..." PM Magazine, Steve Barrett, Law Firm Strategist and Chief Marketing Officer. "This book guides lawyers step-by-step through the big-think and deep-think that are the essential foundations of successful legal marketing..." Andrew Elowittt, JD, MBA, former Chair, Law Practice Management Committee, State Bar of California. "A Must Read This book presents compelling arguments for why legal professionalism must include business professionalism." Harry Ruffalo, Professor, University of Wisconsin School of Law, author of A Students Introduction To The Business Of Law "This is more than a marketing book - it's a roadmap for transforming your firm into a thriving enterprise..." Jonathan Maile, Senior Counsel, Gordon & Rees LLP "A highly compelling and delightful read which demonstrates the expanding role of lawyers..." -- Dan Pink, Best Selling Author of Free Agent Nation and Whole New Mind "Henry Dahut's book is wonderful and thought-provoking." -- Linda Hazelton, Chair Education Committee, Legal Marketing Association "This book is a must read for all lawyers. Henry Dahut really understands the art of law firm marketing." -- Latham & Watkins LLP, Perry Viscounty, Partner & Chair of Global Marketing Committee "This book should be required reading in law school along with property and contracts" Professor Myron Moskovitz, Golden Gate University - School of Law "This book made me feel good to be a lawyer." Attorney Michael Angeloff, Law Offices of Angeloff and Angeloff "This fascinating work combines business theory, human nature and even brain science in a compelling way..." Arnold Deutch, M.D., UCLA Clinical Professor, Department of Psychiatry and Neurology. |
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