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Books > Law > Jurisprudence & general issues > Legal skills & practice > General
As knowledge of Latin continues to diminish, its frequent use in cases, textbooks, treaties, and scholarly works baffles law students, practitioners, and scholars alike. Many of the Latin terms commonly used by international lawyers are not included in some of the more popular law dictionaries. Terms and phrases included in modern dictionaries usually offer nothing more than a literal translation without sufficient explanation or context provided. The Guide to Latin in International Law provides a comprehensive approach and includes both literal translations and definitions with several useful innovations. Included is not only the modern English pronunciation but also the classical or "restored" pronunciation. Its etymology is more complete than the leading law dictionary on the market, and the definition for each term includes examples used in context whenever helpful. Each entry is also cross-referenced to related terms for ease of use. This updated edition is the quintessential desktop reference for understanding Latin terms and phrases across all areas of international law.
The past two decades have seen renewed scholarly and popular interest in the law and morality of war. Positions that originated in the late Middle Ages through the seventeenth century have received more sophisticated philosophical elaboration. Although many contemporary writers appeal to ideas drawn from Kant's moral philosophy, his explicit discussions of war have not yet been brought into their proper place in these debates. Ripstein argues that a special morality governs war because of its distinctive immorality: the wrongfulness of entering or remaining in a condition in which force decides everything provides the standards for evaluating the grounds of initiating war, the ways in which wars are fought, and the results of past wars. The book is a major intervention into just war theory from the most influential contemporary interpreter and exponent of Kant's political and legal theories. Beginning from the difference between governing human affairs through words and through force, Ripstein articulates a Kantian account of the state as a public legal order in which all uses of force are brought under law. Against this background, he provides innovative accounts of the right of national defence, the importance of conducting war in ways that preserve the possibility of a future peace, and the distinctive role of international institutions in bringing force under law.
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer's analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.
Addressing the misunderstood and misrepresented aspects of the law in today's writing, this reliable guidebook demonstrates how to use legal concepts, terminology, and procedure to create fiction that is true to life and crackling with real-world tension. Examples from actual cases are provided along with excerpts of authentic courtroom dialogue. Topics covered include criminal and civil law; differences between federal, state, and Native American jurisdiction; police and private investigation; wills and inheritances; and the written and unwritten codes that govern the public and private conduct of lawyers and judges. Providing a quick and simple legal reference, this handbook is the key to creating innovative plots, strong conflicts, authentic characters, and gritty realism.
Open publication Attorneys need to function as entrepreneurs from the day they gain admittance to the bar. Yet lawyers do not learn about client acquisition during their studies, even though it is an essential part of their future career. Most attorneys experience client acquisition as time-consuming and complex, as contingent upon talent and chance, as a tedious obligation, or as a form of door-to-door salesmanship. This volume provides a structured system for client acquisition that is subordinate to your firm s objectives."
It has long been recognized that court trials in the common law system, both criminal and civil, operate around pairs of competing narratives told by opposing advocates. In recent years, however, it has increasingly been argued that narrative flows in many directions and through every form of legal theory and practice. Interest in the part played by metaphor in the law, including metaphors for the law, and for many standard concepts in legal practice, has also been strong, though research under the metaphor banner has been much more fragmentary. In this book, for the first time, a distinguished group of legal scholars, collaborating with specialists from cognitive theory, journalism, rhetoric, social psychology, criminology, and legal activism, explore how narrative and metaphor are both vital to the legal process. Together, they examine topics including concepts of law, legal persuasion, human rights law, gender in the law, innovations in legal thinking, legal activism, creative work around the law, and public debate around crime and punishment.
In this groundbreaking book, Randall Kiser presents a multi-disciplinary, practice-based introduction to the major soft skills for lawyers: self-awareness, self-development, social proficiency, wisdom, leadership, and professionalism. The work serves as both a map and a vehicle for developing the skills essential to self-knowledge and fulfillment, organizational respect and accomplishment, client satisfaction and appreciation, and professional improvement and distinction. It identifies the most important soft skills for attorneys, describes and applies hundreds of studies regarding psychology, law, and soft skills, and provides concrete steps and methods to improve soft skills. The book should be read by law students, attorneys, and anyone else interested in how lawyers should practice law.
Butterworths In House Lawyers' Handbook is the first and only text to bring together all the practical guidance, precedents, expert commentary and key source material for the in-house law department. In-house lawyers in all types of institutions will benefit from the insights Ian Jones' commentary provides. The book covers all the key planks of the internal legal advisors' role, from managing a legal team to handling the procurement process. In today's world, in-house counsel in businesses and the public sector are expected to have a thorough understanding of the aims and activities of their institution, and relate that understanding to the advice they give their employer. Aside from this requirement, the in-house lawyer needs a high level understanding of a range of legal issues in multiple jurisdictions and to know how to access that information quickly. This book assists that by providing key precedents and accessible information on a range of the most common issues in core jurisdictions. Butterworths In House Lawyers' Handbook also: * Helps in-house legal teams demonstrate their value to the business and especially to the FD * Provides comprehensive best practice guidance on the role of the in-house lawyer * Includes useful precedents * Is accessible and portable * Teaches you how to make decisions about the legal team and outsourcing/in-sourcing based on value to the business * Collates useful black letter sources, making it a one-stop shop * Is of use particularly to in-house lawyers newly managing teams * Benefits solicitors in private practice by providing unique insights into the world of clients
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.
No occupation in America supplies a greater proportion of leaders than law. They obviously lead law firms, but they also sit at the helm of a vast and diverse array of businesses across America, including 10 percent of S & P 500 firms. And of course, a strikingly large percentage of our political leaders are attorneys, including half the members of Congress. This raises two obvious questions: why do we look to lawyers to lead, and why do so many of them prove to be so untrustworthy and unprepared? In Lawyers as Leaders, eminent law professor Deborah Rhode not only answers these questions but crafts an essential manual for attorneys who need to develop better leadership skills. She contends that the legal profession attracts a large number of individuals with the ambition and analytic capabilities to be leaders, but often fails to develop other qualities that are essential to their effectiveness. The focus of legal education and the reward structure of legal practice undervalue the interpersonal skills and ethical commitments necessary for successful leadership. Although some lawyers are sufficiently gifted to need little reinforcement, Rhode shows that the vast majority of law school graduates need to develop the leadership characteristics that she profiles. They know it too. According to one survey, almost 90 percent of attorneys stated that their law schools did not teach them leadership skills. Given the importance of the topic, it is surprising how little the profession has done to develop leadership skills. The first serious treatment of the subject, Lawyers as Leaders will be essential to law school instructors who teach leadership courses (a growing field) and any attorney who finds him or herself in a management position.
When the first edition of this student work was published some eight years ago transnational commercial law, introduced as a postgraduate course at the University of Oxford in 1995, was taught at a relatively small number of law schools. Since then the subject has blossomed and is now taught at law schools around the world. Focused on the products and processes of the harmonization of law relating to international commercial transactions, the book is an invaluable resource for students in this field. In this new edition the work has been completely revised and updated, covering a number of new or substantially revised international instruments. In addition four new chapters have been added by specialist contributors dealing with regional harmonization, carriage of goods by sea, transactions in securities and the relationship between international conventions and national law. The authority of the text is enhanced by the fact that all the authors have played leading roles in the drafting and development of many of the instruments examined in the work.
Introduces students to legalistic, theoretical, empirical, comparative and cross-disciplinary research methods, grounded in working examples. Drawing on actual research projects, Research Methods for Law discusses how legal research as process impacts on research as product. The author team has a broad range of teaching and research experience in law, criminal justice and socio-legal studies, and give examples from real-life research products to illustrate the theory. New for this edition: a new chapter on inter- and cross-disciplinary research - essential reading for international students and students with a non-law first degree undertaking research in the areas of law, criminology, psychology and sociology; research ethics has been expanded to a full chapter that includes current plagiarism and imperfect disclosure; existing chapters have been brought up-to-date with the newest thinking in legal research.
This volume examines the linguistic problems that arise in efforts to translate between law and the social sciences. We usually think of "translation" as pertaining to situations involving distinct languages such as English and Swahili. But realistically, we also know that there are many kinds of English or Swahili, so that some form of translation may still be needed even between two people who both speak English-including, for example, between English speakers who are members of different professions. Law and the social sciences certainly qualify as disciplines with quite distinctive language patterns and practices, as well as different orientations and goals. In coordinated papers that are grounded in empirical research, the volume contributors use careful linguistic analysis to understand how attempts to translate between different disciplines can misfire in systematic ways. Some contributors also point the way toward more fruitful translation practices. The contributors to this volume are members of an interdisciplinary working group on Legal Translation that met for a number of years. The group includes scholars from law, philosophy, anthropology, linguistics, political science, psychology, and religious studies. The members of this group approach interdisciplinary communication as a form of "translation" between distinct disciplinary languages (or, "registers"). Although it may seem obvious that professionals in different fields speak and think differently about the world, in fact experts in law and in social science too often assume that they can communicate easily when they are speaking what appears to be the "same" language. While such experts may intellectually understand that they differ regarding their fundamental assumptions and uses of language, they may nonetheless consistently underestimate the degree to which they are actually talking past one another. This problem takes on real-life significance when one of the fields is law, where how knowledge is conveyed can affect how justice is meted out.
Throughout history, the American legal profession has tried to hold
tight to its identity by retreating into its traditional values and
structure during times of self-perceived crisis. The American Legal
Profession in Crisis: Resistance and Responses to Change analyzes
the efforts of the legal profession to protect and maintain the
status quo even as the world around it changed. Author James E.
Moliterno, consistently argues that the profession has resisted
societal change and sought to ban or discourage new models of legal
representation created by such change. In response to every crisis,
lawyers asked: "How can we stay even more 'the same' than we
already are?"
Legal Research: A Practitioner's Handbook provides practical advice on every aspect of effective legal research: problem analysis, selecting and finding the best sources; and presenting results effectively. This third edition has been thoroughly updated, taking into account the increasing popularity of commercial databases aimed at UK law practitioners; the overhaul of a number of government and other official sites (national and international); and significant changes to directions by UK courts relating to the conduct and presentation of legal research. New material on the use of social media in legal research, business information and making use of a law firm's internal precedents has also been added. Part A covers problem identification and analysis, followed by advice on how to select the best sources and formats (paper or electronic) for research. Part B deals with the information most frequently sought by practitioners, listing sources with analytical comments and, for a selection of the most complex, 'how to use' instructions developed to a standard template. Jurisdictional coverage includes England, Wales, Scotland, Northern Ireland and the European Union, with the addition of information on key sources in European human rights and international law. Part C details sources on how to make the presentation of the results of legal research more effective. These three parts are supplemented by Part D, which describes in non-technical language how a practitioner might get the best value for money when buying information, whether print or online, from commercial law publishers. Extensive appendices provide indexes to abbreviations for Acts, journals and law reports; a glossary of technical terms used in legal research; a summary of the practice directions, statements and decisions of the UK courts relating to legal research; a table of guidance on how to devise more effective searches on the four most popular commercial databases; and a popular names index for legislation and cases relating to the UK and the EU
Writing and Drafting in Legal Practice provides an up to date and comprehensive guide to writing and drafting - from the first stages of preparation to the final edit - for anyone starting out on a legal career. Unlike an English usage text or style guide or a specialised drafting or precedent book, Writing and Drafting in Legal Practice condenses and combines the main principles, rules, techniques and conventions in one volume for newcomers to legal writing and drafting. It is designed to accompany readers from vocational study through to their qualification as solicitors, as well as throughout the early years of practice. Coverage of email and other electronic communications is included, as are a wide range of legal writing formats such as reports and memoranda. Featuring checklists and examples, it can also be used as a reference for suggested approaches to common problems.
Innovation. How to go about it, what it can do for your business - what even is it? Can innovation be applied in the legal environment? Such is the interest and appetite for legal innovation that, in the last 18 months, ARK has published over a dozen titles with innovation in their remit, covering everything from knowledge management to pricing, from marketing to recruitment, and everything in between. This compilation deep-dives into the key areas that drive innovation forward in the legal profession, combining the views and experiences of 14 leaders in their fields.
Description | View table of contents Look insideLook inside Author(s): Clare Jones , Sarah Goulbourne , Steve Couch Publication date: Aug 2021 Format: Softback Pages: 180 Price: GBP65.00 ISBN: 9781787424265 Lawyers of the 2020s operate in a ferociously competitive world and face unprecedented complexity, change and conflicting demands. As well as regulatory, legislative, economic and political uncertainty, other challenges include pricing pressures, technological advances, and market innovation. In this climate, professional development is ever more critical and the ambitious legal professional must develop their own competitive strategy to survive and thrive. In this book, authors Clare Jones, Steve Couch and Hannah Beko from leading challenger law firm gunnercooke, apply real-life, evidence-based coaching techniques and step-by-step practices exclusively to the legal sector. It also features a foreword written by Sarah Goulbourne. Through exploring ten core areas of professional development for lawyers, discover how to unleash yourself from your barriers and future-proof your legal career today. Content covers everything from self-discovery, through to thought-leadership and pitching as well as the skills and behaviours that underpin success. Readers are invited to create their own dynamic personal development programme and are challenged to hold themselves accountable for delivering it. This title will help senior level lawyers looking to build a lasting reputation, successful practice and sustainable, balanced career. It will provide clarity about your value and a deeper understanding of how to develop client relationships, as well as uncovering challenges to your progress and identifying priority next steps to make everything you do more effective.
This practical guide to developing leadership skills in policing
examines the qualities that make up a good leader, providing a
variety of examples of good leadership approaches in various
policing contexts. Police organizations are increasingly
recognizing the role of leadership at every level of the police
hierarchy; with police officers involving themselves with
partnership work, attending and facilitating public meetings and
heading neighborhood policing teams, as well as their more
traditional police work.
Whether dealing with contracts, tort actions, or government regulations, lawyers are more likely to be successful if they are conversant in economics. "Economics for Lawyers" provides the essential tools to understand the economic basis of law. Through rigorous analysis illustrated with simple graphs and a wide range of legal examples, Richard Ippolito focuses on a few key concepts and shows how they play out in numerous applications. There are everyday problems: What is the social cost of legislation enforcing below-market prices, minimum wages, milk regulation, and noncompetitive pricing? Why are matinee movies cheaper than nighttime showings? And then there are broader questions: What is the patent system's role in the market for intellectual property rights? How does one think about externalities like airport noise? Is the free market, a regulated solution, or tort law the best way to deliver the "efficient amount of harm" in the workplace? What is the best approach to the question of economic compensation due to a person falsely imprisoned? Along the way, readers learn what economists mean when they talk about sorting, signaling, reputational assets, lemons markets, moral hazard, and adverse selection. They will learn a new vocabulary and a whole new way of thinking about the world they live in, and will be more productive in their professions.
Anyone who has attended law school knows that it invokes an important intellectual transformation, frequently referred to as "learning to think like a lawyer". This process, which forces students to think and talk in radically new and toward different ways about conflicts, is directed by professors in the course of their lectures and examinations, and conducted via spoken and written language. Beth Mertz's book is the first study to truly delve into that language to reveal the complexities of how this process takes place. Mertz bases her linguistic study on tape recordings from her first year Contracts courses in eight different law schools. She knows how all these schools employ the Socratic method between teacher and student, forcing the student to shift away from moral and emotional terms in thinking about conflict, toward frameworks of legal authority instead. This move away from moral frameworks is key, she says, arguing that it represents an underlying world view at the core not just of law education, but for better or worse, of the entire US legal system - which, while providing a useful source of legitimacy and a means to process conflict, fails to deal systematically with aspects of fairness and social justice. The latter part of her study shows how differences in race and gender makeup among law students and professors can subtly alter this process. Written within the tradition of anthropological lingustics, Mertz's work - the first to study law school in this sort of detail - will appeal to a wide spectrum of readers interested in the intersection of law, language, and society: sociolinguists; anthropologists; feminist, race, and social theorists, and law professors. |
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