Originally published: Washington, D.C.: BNA Incorporated, 1961. iii
(New Introduction), xvi, 506 pp. With a New Introduction by Bryan
A. Garner, President, LawProse, Inc. This book tells how to brief
and how to argue a Federal case on appeal. Its primary purpose is
to explain to the lawyer how to best persuade a Federal appellate
court to decide a case in his favor. It is neither a practice
manual nor a text of Federal appellate procedure, being written on
the assumption that all the procedural steps necessary to perfect
the appeal have been or will be timely taken. Consequently this
book deals with problems that are common to appeals in whatever
Federal court they may be presented.
Many of the principles defined and discussed herein are applicable
also to the argument, oral and written, of questions of fact and
law presented and heard in Federal trial courts. The task of
presenting facts and law effectively, the psychology of persuasion,
the requirements of candor and accuracy-these are matters common to
forensic effort in every courtroom, at every state of a litigated
proceeding.
In addition to its discussion of appellate advocacy and a
description of procedure in the federal appellate courts (Supreme
Court, U.S. Court of Appeals, and specialized federal courts), it
provides valuable guidelines for writing briefs and appeals and the
preparing oral arguments.
Among other lessons, it teaches ways to -think before writing,
-state facts and phrase issues persuasively, -use argumentative
headings, -employ clear, forceful English, -handle questions in
oral argument, -use maps and charts effectively and -prevent
"forensic halitosis."
AALS Law Books Recommended for Libraries List 26, Legal
Profession, page 20, "A" Rated.
"To get into court and to maintain your right to be there is the
object of all pleading and is as important in an appellate court as
in a trial court () This book is a guide to handling of cases on
appeal in the Federal courts by one who is eminently qualified to
instruct and direct in this field."
--from the foreword by Sherman Minton, Associate Justice, U.S.
Supreme Court
"Anyone familiar with Mr. Wiener's reputation as an appellate
advocate and with his earlier works would expect his new book to be
either required reading or strongly recommended in a course in
Appellate Practice and Procedure. My own choice for next spring's
seminar at this law school is to require it. This is not to say,
however, that the book is directed solely to the student in law
school. There are probably few practicing attorneys who would not
benefit substantially from the author's ability, drawing on his
vast personal experience, to expound the art of appellate advocacy
in a fascinating and instructive way."
-- Monroe H. Freedman, The George Washington Law Review 30
(1961-62) 148.
"This is a brilliant book by a brilliant mind. It's the seminal
20th-century book on appellate advocacy, with wisdom, insight, and
concrete examples packed into page after page."
--Bryan A. Garner
Frederick Bernys Wiener 1906-1996], or "Fritz" as he was known to
his friends, was educated at Brown University and Harvard Law
School, where he was a note editor on Harvard Law Review. In
addition to several years in private practice, Wiener held
positions in the U.S. Department of the Interior, the Judge
Advocate General's Corps (as an officer during the Second World
War) and the Solicitor General's Office, where he successfully
argued the landmark Supreme Court case Reid v. Covert. Also a
scholar of vast learning and high reputation, he wrote copiously on
courts-martial, martial law and legal history.
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