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Books > Law > Jurisprudence & general issues > Legal skills & practice
Anyone who gets through law school knows a lot about the law. The
problem is that they don't know how to run a law practice and
provide legal services to clients. This book provides lawyers with
the nuts and bolts of doing just that as well as how to keep
clients coming back-in other words-how to be a lawyer and make
money.
Professors Newell and Peterkin deal thoroughly with fundamental grammar skills often overlooked in legal writing textbooks. The chapters in this text cover everything that students should learn in legal writing from spotting issues, to finding and interpreting the law, to writing either an objective or persuasive document for their client or the court. Each chapter provides exhaustive treatment of the topic. The text also provides useful examples and exercises for the reader to test his or her understanding of the topic. The Journey to Excellence in Legal Writing not only contains a thorough explication of legal writing for first-year law students. Upper-level students, practitioners, and judges will also benefit from the instruction contained in these pages. Therefore, this book is the perfect tool for all who wish to learn and improve their legal writing skills. Through The Journey to Excellence in Legal Writing students and other readers will: Learn the differences between primary and secondary law, the doctrine of stare decisis, and the distinction between statutory law and case law. Become skilled at outlining rules in order to identify issues and craft issue statements properly. Gather knowledge to interpret statutes and apply case law to different factual scenarios. Use synthesis to compare court holdings and reasoning in fashioning a general legal principle. Be taught how to develop organizational skills and use grammatical rules appropriately. Be able to apply effective techniques in writing memoranda. Study the importance of ethics in correspondence to clients. Comprehend the power behind mediation and negotiations. Study the best ways to answer examination questions.
The "Legislative Drafter's Deskbook" offers practical advice and insight for those engaged in legislative drafting, those more interested in policy than drafting itself, or those interested in reading and interpreting the law. This book explains why laws are drafted the way they are. Legislative drafting is - to the extent it is writing at all - the form of writing used for legislative measures, a category that covers original bills and resolutions as well as amendments. Ultimately, legislative drafting is the form of writing used for enacted law. The focus of this book is on legislative drafting for the Congress of the United States, but many, if not most, of the principles described here apply just as well to drafting for other legislatures. As forms of writing go, drafting is not freewheeling like poetry, nor showy like rhetoric, nor personal like a novel. Drafting is disciplined, rigorous, and analytical. Done well, drafting can also be creative, elegant, and clever. (Unfortunately, drafting is not always done well.) The purpose of this book is to provide practical advice on drafting to anyone who does, or may, engage in drafting, and indirectly to provide insight into the drafting process to other interested people. For example, this book is for people who are more interested in policy than in drafting, but want to understand why drafters operate the way they do. It is also for people who are more interested in reading and interpreting the law than in drafting, but want to understand why laws are drafted the way they are. It is hoped that this book will be accessible to beginners while remaining valuable to veterans. The traditional method of training drafters is to train them on the job; the consensus is that drafting is best learned holistically, on a case-by-case basis. For that reason this book is best used as a resource, not a course. It is a supplement to, not a substitute for, the learning that comes from experience. The author designed this book to answer the variety of questions about drafting that arise daily in the work of individuals with a professional interest in how bills, resolutions, and laws are drafted. The approach used here is pragmatic: You will find no linguistic theories or esoteric conundrums discussed here. What you will find is solid advice for everyday drafting projects. "A masterful work. It is comprehensive and exceptionally well
written. It is an essential tool for anyone who drafts legislation
or interprets the law." "An essential and indispensable book, both as a reference work
and as a thorough introduction to Federal legislative
drafting." "The succinct and thorough assessment of good legislative
drafting techniques provides a set of 'best practices' for drafters
at all levels of government." "State legislative drafters will also greatly appreciate this
work." Summary of Contents Complete Table of Contents online at www.LegislativeDraftersDeskbook.com
This short helpful guide on the intricacies of Child Custody is written with the needs and wants of men in mind. Direct answers to the most asked questions, with explanations that are in regular English, make this book readable and useful. The case studies, and the Essays for Fathers are bonus features, that highlight the law of Child Custody.
On the Multistate Performance Test (MPT) you must not only research and write a brief or another law office task, you must finish the job in just 90 minutes. The book Perform Your Best on the Bar Exam Performance Test (MPT) features: Detailed instructions for the time-saving MPT-MatrixTM system for noting research quickly on one sheet of paper, which avoids note-taking and provides a blueprint for rapid drafting. Templates for briefs, memos, and letters. Twelve (12) actual MPT tasks, as released by the National Conference of Bar Examiners (NCBE), including a range of difficulty and a variety of formats, and 12 Graders Point Sheets An analytic note on each of the 12 MPT tasks, explaining how to read and outline the instructions, and how to organize and present each work product for a higher score Twelve (12) complete sample answers for those actual MPT tasks, demonstrating appropriate format, content, tone, and organization for each task
A Substantial Collection of Legal Maxims That is Now an Accepted Classic Each 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 152 Herbert 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. CONTENTS Ch.I. Sec. I. Rules Founded in Public Policy Sec. II. Rules of Legislative Policy Ch. II. Maxims Relating to the Crown Ch. III. Sec. I. The Judicial Office Sec. II. The Mode of Administering Justice Ch. IV. Rules of Logic Ch. V. Fundamental Legal Principles Ch. VI. Acquisition, Enjoyment and Transfer of Property Sec. I. The Mode of Acquiring Property Sec. II. Property-Its Rights and Liabilities Sec. III. The Transfer of Property Ch. VII. Rules Relating to Marriage and Descent Ch. VIII. The Interpretation of Deeds and Written Instruments Ch. IX. The Law of Contracts Ch. X. Maxims Applicable to the Law of Evidence
This book is a facsimile reprint and may contain imperfections such as marks, notations, marginalia and flawed pages.
In 1936 Piero Calamandrei, an Italian lawyer and law professor, published Elogio dei Giudici Scritto da un Avvocato, a wry collectionof maxims, anecdotes and observations on the nature of the legalprocess. Translated in 1946 as Eulogy of Judges, Written by a Lawyer, it gradually acquired a reputation among sophisticated legal circlesas the best lawyer's book ever written. Written by a self-describedmember of the "Piero Calamandrei Freemasonry Society," Eulogy ofLawyers revives the spirit of its great predecessor while shifting thefocus to the other side of the bench.Preface by Bryan A. Garner, President, LawProse, Inc.; Distinguished Research Professor of Law, SouthernMethodist University, Dallas, Texas; Editor, current editions ofBlack's Law Dictionary."Stein is a rare breed: a superb, noted advocate - one of the finestof his day - who is also a literary essayist. I can think of only twocomparable predecessors: Lord Brougham and Clarence Darrow." --Bryan A.Garner, Preface, xii-xiii.Jacob A. Stein has, for over 60 years, conducted a trial practice. Hehas been an adjunct professor at American University Law School, George Washington University Law School, and Georgetown University LawSchool where he has taught for the last 21 years. He has beenpresident of the District of Columbia Bar. He has served on variousjudicial committees connected with the Federal Judiciary. He wasappointed in 1985 to serve as the United States Independent Counsel toinquire as to the suitability of the President's choice as AttorneyGeneral of the United States. His articles have appeared in The American Scholar, Times Literary Supplement, The Washington Post, TheWilson Quarterly, the Washington Lawyer, the Green Bag, Litigation, and other publications. His books include Legal Spectator & More(2003), The Law of Law Firms (1994), Closing Argument: The Art and theLaw (1969) and other titles.
Purposeful Punctuation is a guide to punctuating English sentences for writers and editors. It has been used for several years in college classes from freshmen to graduate. It will work as a supplement to English instruction in junior high or high school. The author, Dr. Heaberlin, has fifty years experience in teaching-from seventh grade to graduate school. He has included many exercises and practice tests with answers. This guide complements his previously published guides on writing style-English Syntax and Connecting for Coherence.
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.
Not long ago, an appellate court fined a lawyer for filing an "incomprehensible brief." That negligence hurt the lawyer's wallet and reputation, but his carelessness hurt his client's case even more. Today, most of our law depends on the written word. A single error can tarnish the writer's image in the eyes of the court and make his or her writing less persuasive. In the end, the client suffers. Even the simplest error reduces the effectiveness of any brief or pleading. Spellcheck won't cure every ill; neither will a loyal and efficient secretary. This little book is dedicated to real legal writing, terse, persuasive, and accurate. It not only teaches brevity, clarity and power in writing, but lists the common pitfalls that infest so much legal writing and destroy the lawyer's meaning and the client's life. It includes tables of commonly misspelled and misused words and commonly confused prepositions. It lays out guidelines for persuasive brief-writing, deals with the letters lawyers regularly write - and some they shouldn't - with office memoranda, and with the basic rules of punchy, persuasive oral argument. It addresses the rules of grammar; the violations of those rules that instantly mark the writer as illiterate at best, and can destroy any amount of clever reasoning and knowledge of the law. It gives examples of how to write effectively . . . and some horrors that good lawyers must avoid. Most important, The Literate Lawyer shows the road to simple, common-sense persuasion, powerful, solid writing that makes the lawyer's point with strength and clarity. And wins cases. About the author: Robert Barr Smith is a Professor at the University of Oklahoma Law Center. He earned a BA in History and a Doctor of Laws from Stanford, and is a member of both the Oklahoma and California Bars. He came to the Law Center in 1982, after retiring from the United States Army as a Colonel. He designed the Law Center's writing, oral advocacy and research class, taught and directed it for fifteen years, served six years as Associate Dean for Academics, and taught trial and appellate advocacy, advanced brief writing, and paralegal writing courses.
During the first two decades of the twenty-first century, the United States and much of the developed world were rocked by three successive economic shocks, each one more severe than the one before. Real relief from these economic shocks, of course, can only come from a restored economy-with balanced strength across many sectors and regions. Safety-net programs can also help alleviate this suffering. They provide urgent financial help and, when properly designed, can assist, motivate, or nudge recipients to seek and accept new employment. When necessary, they can help recipients to learn new skills and engage in other socially preferred behaviors. That is, they can "activate" the unemployed and underemployed. Work and the Social Safety Net: Labor Activation in Europe and the United States describes how in the 1990s and early 2000s many European countries adopted policy reforms aimed at activating those recipients apparently able to work. These policy reforms were put to the test during the Great Recession and its aftermath. This volume reviews the experiences from both Europe and the United States during this period, and includes two chapters apiece on unemployment insurance, social assistance, disability, public employment services, and political economy. Work and the Social Safety Net identifies policies for activating recipients of safety-net programs while still preserving a strong social safety net-as a guide during the economic recovery from the COVID-19 pandemic and future downturns.
This book is a compilation of legal and law-related statements that have defined and characterized our legal system over the centuries. But the reader will quickly recognize that it is not a textbook in disguise. The quotations, and the actions and ideas they present and represent were selected by purely personal criteria: the author found them fascinating, important, or revealing. They range from history-changing statements (Henry II's "will no one rid me of this turbulent priest ") to purely mythological encounters (Lincoln's cross-examination of "Sovine" about the phase the moon was in when a murder took place) to royal chit-chat (a devastating remark a high-born lady made to the fugitive King James II which can be viewed as the final word on English royal tyranny) to an apology made in a casual encounter on an American street that symbolized the healing of a terrible cultural wound. The hope is to convey, not a rigid history, but a random flavor of how the law has been shaped by calculated, casual, powerful, and even silly words, uttered for the ages or merely for the moment. This disparate verbal collection tells us that our legal system is not like a carefully sculptured statue, but like a human being, is composed of all that it has known and done and said.
The writer has been deprived of his license to practice law in three states. The basis for these court orders was a confidential complaint made by the writer about the misconduct of a United States District Judge. The complaints included evidence, which pointed to the judge's financial ties to litigators with matters in his court. Nevertheless, the judge's misconduct was overlooked by supervising judges. The writer reviews the court order which drove him from the practice of law. "The point of all this," he concludes, "was to banish me from the legal profession, not to find the truth since bringing truth into the light of day would have been uncomfortable for" the judge. From the book: "Any professional regulatory authority empowered to deprive its members of their reputation and their ability to earn an income should be subject to the highest standards of objectivity and fairness. In the legal community, the opposite is the norm. The rules which govern the behavior of lawyers are explicitly intended to overlook complaints about the venal and self-interested behavior of the most powerful members of the profession. The judges make the rules and see to their own insulation from criticism, oversight and transparency in their dealings with persons interested in judicial outcomes. The judges take pains to block any examination of their off-the-books income streams. Those who are so incautious as to rely on the prescribed complaint rules and who come forward, confidentially, to object to obvious instances of be-robed venality are themselves subjected to the severest sanction." Consideration of salary increases for the judges should be put on hold, the writer asserts. Why? Better rules than the "bogus revised" ones are needed immediately. "In writing their own ethics rules, the judges have given themselves impunity to accept bribes." The writer offers prescriptive comments, including the text of a "Best Practices Declaration," which should be binding upon any who seek a position on the bench, local state or federal.
The twenty-first century global world order creates fundamental challenges for the American model of legal education. This professional model cannot focus only on one domestic legal system isolated from the rest of the world. American law students need a realistic exposure to a transnational legal perspective in the contemporary global legal environment. This objective can be achieved in three stages. The first step requires a first year introductory course setting the foundation in public and private international law with the fundamental understanding of the comparative law methodology to grasp legal problems and institutions transcending through national boundaries. In the second stage, the transnational perspective should be emphasized in every domestic course, in the expanded coverage of public and private international law, and in the comparative law curriculum. Finally, in the third stage, law students should have the opportunity to apply their transnational learning experience by selecting an intellectually and professionally stimulating topic for academic research. Through this research, the student should focus not only on developing a thesis and writing a research quality seminar paper, but also on the potential for publication of the paper in law reviews and other legal journals. This concise Guide to Legal Research and Writing from the Transnational Perspective can be used as a practical tool in the critical third stage of the transnational legal education process. Concise practical tips will assist students in the research and writing process. Samples of articles written by the author will provide a model for scholarly writing. Professor Francis A. Gabor, is a Professor of Law at the University of Memphis Cecil C. Humphreys School of Law and a regular visiting professor at the Central European University in Budapest, Hungary. He has been teaching in the area of public and private international law and comparative and immigration law. Professor Gabor's research interest is focused on current issues of international trade and investments in Central-Eastern Europe. His treatise on Foreign Investment in Hungary was published by Parker School of Foreign and Comparative Law at Columbia University of New York.
Every year, an estimated 10,000 to 15,000 people apply to Canadian law schools, vying for just over 2,000 coveted spots. The competition is even fiercer when applying for a law job. Adam Letourneau, B.Sc., B.A., LL.B., 2005 graduate of the University of Alberta Faculty of Law, former Editor-in-Chief of the Alberta Law Review and owner of Letourneau Law, Barristers & Solicitors, reveals in this 2nd Edition many insider tips on how to gain admittance to law school in Canada, how to cope and succeed in law school, and most importantly, how to land a coveted law job post-graduation. Drawing upon personal experience and the experiences of numerous Canadian law school graduates, Letourneau shares insights on the LSAT, applying for law school, study strategies, summer jobs, the articling application process and much more. Letourneau will save you hours of research, hours of study and tons of stress. Including new law school graduate comments, updated admissions information, what being a lawyer is like, salary updates and more. For more information go to www.canadianlawschool.ca. Part of the Writing on Stone Press Canadian Career Series.
This early work on law is both expensive and hard to find in its first edition. It contains details on the meanings of legal terms and their uses. This is a fascinating work and thoroughly recommended for law students. Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.
Finally, a simple, fun book to show you how to study for law school, how to outline, and how to write Grade A exams By a practicing lawyer with the top grade in 3 of 5 first year law classes. |
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