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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.
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.
As the process of internationalization accelerates, comparative law
scholars focus on the adaptation of legal cultures to new
realities. It is particularly important to understand (as best we
can) the "inner workings" of two groups of lawyers: those in the
United States; and those in the major European countries. In which
ways do the two groups understand each other, and where do they go
their separate ways? And what are the implications for the legal
profession and its beneficiaries of their cultural and ideological
differences? At a symposium held in Paris, 12 scholars from Europe
and the United States met to investigate these issues under two
related rubrics: realities and trends on the one hand, and ethics,
rules and professional ideologies on the other. The participants
have updated their original papers for this publication. In the
course of their discussion they reveal which cultural realities
persist and are likely to remain, and which trends are broadening
the common ground on which lawyers act in both cultures.
Many legal writing texts emphasize how one writes; this book is
unique because it also focuses on why one writes. Every chapter
challenges the reader to write to achieve a strategic objective.
Each assignment has been carefully considered by the authors, and
fully vetted to simulate the decision-making involved in the
preparation of important legal writing, whether in a general
counsel's office, a law office, a government attorney's office, or
a judge's chambers. Simply put, the authors' approach is that
effective legal writing does not exist in a vacuum. This book
provides practical assignments that teach the student that the best
legal writing is not an end in itself, but a means to a larger
strategic objective.
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.
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.
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