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Art, Argument and Advocacy offers a theoretical and practical foundation for effective participation in academic debate competition, as well as public debate and discussion events.
Argumentation: The Art of Civil Advocacy teaches students the principles of argumentation as a practical way to engage in interpersonal and public deliberation. Authors Larry Underberg and Heather Norton offer a unique approach for creating civil discourse by encouraging students to consider how they argue with others to enhance or diminish opportunities for future dialogue. A variety of everyday examples are provided in the text to demonstrate how well-reasoned argumentation can strengthen communities and create productive citizenship. Students gain a better understanding for the situations, environments, and relationships that form the context for an advocate, and how those factors can influence discourse.
This book examines the rhetoric of various “exemplars” who advocate for causes and actions pertaining to human rights in particular contexts. Although some of these exemplars champion human rights, others are human rights antagonists. Simply put, the argument here is that concern for how particular individuals advocate for human rights causes—as well as how antagonists obstruct such initiatives—adds significant value to understanding the successes and failures of human rights efforts in particular cultural and national contexts. On one hand, we can grasp how specific international organizations and actors function to develop norms (for example, the rights of the child) and how rights are subsequently articulated in universal declarations and formal codes. But on the other, it becomes apparent that the actualmeaning of those rights mutate when “accepted” within particular cultures. A complementary facet of this argument relates to the centrality of rhetoric in observing how rights advocates function in practice; specifically, rhetoric focuses upon the art of argumentation and the various strategies and techniques enlisted therein. In that much of the “reality” surrounding human rights (from the standpoints of advocates and antagonists alike) is fundamentally interpretive, rhetorical (or argumentative) skill is of vital importance for advocates as competent pragma-dialecticians in presenting the case that a rights ideal can enhance life in a culture predisposed to reject that ideal. This book includes case studies focusing on the rhetoric of the following individuals or groups as either human rights advocates or antagonists: Mary B. Anderson, Rwandan “hate radio” broadcasters, politicians and military officials connected with the Kent State University and Tiananmen Square student protest tragedies, Iqbal Masih, Pussy Riot, Lyndon Johnson, Julian Assange, Geert Wilders, Daniel Barenboim, Joe Arpaio, and Lucius Banda.
In this book, which was first published in 1954, U.S. defense attorney Lloyd Paul Stryker takes the reader through every step of a case: the first meeting with the client, the questions to find the facts, the arrival in court on the first day of the trial, the selection of jurors, the carefully collected information about the characters of the judge and the prosecuting attorney, the importance of the opening address and the summation. Above all, he reveals the fascinating art of cross-examination which he considered to be the greatest weapon in the arsenal of a trial lawyer. The author clears up for all time the matter of legal ethics, of a defense attorney’s responsibility to undertake a defense, and under what circumstances he must refuse it. Also, he tells wonderfully exciting stories about the famous trial lawyers of an earlier day—Martin W. Littleton, Daniel Webster, Rufus Choate—as well as such modern greats as Robert Jackson and John W. Davis.
Legal Argument: The Structure and Language of Effective Advocacy is a full-featured guide designed primarily for law students in research, writing, analysis and trial advocacy classes and moot court programs. Inside you'll find detailed explanations of how lawyers construct legal arguments and practical guidelines to the process of molding the raw materials of litigation--cases, statutes, testimony, documents, common sense--into instruments of persuasive advocacy. You'll also find writing guidelines that show you how to present a well-constructed legal argument in writing in a way that legal decision makers will find persuasive. The centerpiece of this indispensable work is its syllogism-based step-by-step method, designed to walk the advocate through the process of crafting a winning argument. Intuitive organization presents the material in five parts: Part I sets out a general methodology for constructing legal arguments. Part II focuses more closely on the construction of persuasive, well-grounded legal premises, and covers the effective integration of legal doctrine and evidence into the argument's structure. Part III shows how to put the method to work by giving two detailed examples of the construction of complete legal arguments from scratch. Part IV provides a detailed protocol for reducing well-constructed legal arguments to written form, along with a concrete illustration of that process. It also provides concrete advice on how to recognize and avoid a host of common mistakes in the written presentation of legal arguments. Part V moves from the basics into more advanced techniques of persuasive legal argument, including rhetorical tactics like framing and emphasis, how to respond to arguments, maintaining professionalism in advocacy, and the ethical limits of argument.
Persuasive, engaging oral argument is breathtaking. Envision a self-assured attorney leading the court through the salient points of the case, deftly addressing questions from the bench, and steering those questions to the next relevant topic. It’s like watching a magician at work. Think that magic is beyond you? Think again. You can learn to be a persuasive oral advocate with the tips and advice in Point Well Made:Persuasive Oral Advocacy. Whether you are a first-year law student prepping for your Moot Court presentation, a public defender managing mountains of motions, an appellant or respondent on appeal before a panel, or a seasoned lawyer arguing in front of the US Supreme Court, you need Point Well Made. Indiana Court of Appeals Judge Nancy Vaidik and international legal communications coach Rebecca Diaz-Bonilla again bring their expertise to your fingertips. This completely revised and expanded edition of Point Well Made gets even more “under the hood” of judges, pointing out ways to recognize the reactions of your audience and effectively persuade. You will learn how to prepare the right notes for your hearings, so you are confident in your facts, theories, and themes. You will also learn to handle a judge’s questions, how to deal with multi-judge panels, when and how to pivot when the court is unpersuaded, and how to lay out your argument to the best advantage. In addition to helping you address the facts of your legal arguments, Point Well Made will enhance your presentation skills—how to deliver the motion with successful voice and body language techniques to capture the attention and trust of your listeners. Examples and exercises throughout the book help you practice your skills and learn from the experience of other attorneys. The wealth of knowledge you will gain by reading Point Well Made is quickly and easily reviewed, thanks to the many tables summarizing and highlighting the concrete tools the book provides. Unsure how to respond to a judge’s question? The tables spell out effective responses. Nervous about an upcoming argument? Review the tables for methods of relieving your jitters. Dialing into your first remote hearing? Point Well Made provides a step-by-step guide. Expanded to address appellate argument and remote hearings, the new edition of Point Well Made is a hands-on, practical guide that helps you develop persuasive themes, effectively convey your facts, simplify the law, gain insight into your particular judge(s) so you can customize your argument, and answer challenging questions with confidence.
In their professional lives, courtroom lawyers must do these two things well: speak persuasively and write persuasively. In this noteworthy book, two noted legal writers systematically present every important idea about judicial persuasion in a fresh, entertaining way. The book covers the essentials of sound legal reasoning, including how to develop the syllogism that underlies any argument. From there the authors explain the art of brief writing, especially what to include and what to omit, so that you can induce the judge to focus closely on your arguments. Finally, they show what it takes to succeed in oral argument.
Every day, in every court and tribunal, advocates represent us all - Crown and defendant, landlord and tenant, rich and poor, honest and false alike. What are the duties to court and client? This book surveys the role of advocates at every stage of their work.
This book reveals the inside secrets from one of the country's leading Supreme Court advocates about how to prepare to argue in court. Chapters in this book address organizing an approach to preparation, handling the wide range of questions judges ask, honing openings, basic approaches to presenting argument, common mistakes, and attributes of the best advocates. Throughout, the author illustrates points with examples from real cases. It is ideal for first-year writing and advocacy programs, for upper-level appellate advocacy courses and clinics, for moot court competitions, and as a review resource for attorneys.
Chapters include beginning preparation, answering questions, advanced preparation techniques, basic approaches to presenting argument, common mistakes, and attributes of the best advocates. Throughout, the author illustrates points with examples from real cases. It is ideal for first-year writing and advocacy programs, upper-level appellate advocacy courses and clinics, moot court competitions, and as a review resource for attorneys.
