The Tools Of Argument

Author: Joel P Trachtman
Publisher: CreateSpace
ISBN: 9781481246385
Size: 53.91 MB
Format: PDF, ePub
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Joel Trachtman's book presents in plain and lucid terms the powerful tools of argument that have been honed through the ages in the discipline of law. If you are a law student or new lawyer, a business professional or a government official, this book will boost your analytical thinking, your foundational legal knowledge, and your confidence as you win arguments for your clients, your organizations or yourself.

How To Argue Win Every Time

Author: Gerry Spence
Publisher: Macmillan
ISBN: 9780312144777
Size: 22.41 MB
Format: PDF
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A noted attorney gives detailed instructions on winning arguments, emphasizing such points as learning to speak with the body, avoiding being blinding by brilliance, and recognizing the power of words as a weapon. Reprint.

Win Your Case

Author: Gerry Spence
Publisher: Macmillan
ISBN: 9781429909013
Size: 23.26 MB
Format: PDF, Docs
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Gerry Spence is perhaps America's most renowned and successful trial lawyer, a man known for his deep convictions and his powerful courtroom presentations when he argues on behalf of ordinary people. Frequently pitted against teams of lawyers thrown against him by major corporate or government interests, he has never lost a criminal case and has not lost a civil jury trial since l969. In Win Your Case, Spence shares a lifetime of experience teaching you how to win in any arena-the courtroom, the boardroom, the sales call, the salary review, the town council meeting-every venue where a case is to be made against adversaries who oppose the justice you seek. Relying on the successful courtroom methods he has developed over more than half a century, Spence shows both lawyers and laypersons how you can win your cases as he takes you step by step through the elements of a trial-from jury selection, the opening statement, the presentation of witnesses, their cross-examinations, and finally to the closing argument itself. Spence teaches you how to prepare yourselves for these wars. Then he leads you through the new, cutting-edge methods he uses in discovering the story in which you form the evidence into a compelling narrative, discover the point of view of the decision maker, anticipate and answer the counterarguments, and finally conclude the case with a winning final argument. To make a winning presentation, you are taught to prepare the power-person (the jury, the judge, the boss, the customer, the board) to hear your case. You are shown that your emotions, and theirs, are the source of your winning. You learn the power of your own fear, of honesty and caring and, yes, of love. You are instructed on how to role-play through the use of the psychodramatic technique, to both discover and tell the story of the case, and, at last, to pull it all together into the winning final argument. Whether you are presenting your case to a judge, a jury, a boss, a committee, or a customer, Win Your Case is an indispensable guide to success in every walk of life, in and out of the courtroom.

How To Argue

Author: Jonathan Herring
Publisher: FT Press
ISBN: 0132980975
Size: 36.44 MB
Format: PDF, ePub, Mobi
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The ability to persuade, influence and convince is a vital skill for success in work and life. However, most of us have little idea how to argue well. Indeed, arguing is still seen by many as something to be avoided at all costs, and mostly it's done poorly, or not at all. Yet it's possibly the most powerful and yet most neglected asset you could have. Discover the art of arguing powerfully, persuasively and positively and you'll have a head start every time you want to: Get your point across effectively Persuade other people to your way of thinking Keep your cool in a heated situation Win people over Get what you want Tackle a difficult person or topic Be convincing and articulate Have great confidence when you speak In How to Argue, leading lawyer Jonathan Herring reveals the secrets and subtleties of making your case and winning hearts and minds. At home or at work, you'll be well equipped to make everything you say have the desired effect, every time.

Legal Argument The Structure And Language Of Effective Advocacy

Author: James A. Gardner
Publisher: LexisNexis
ISBN: 032717708X
Size: 66.13 MB
Format: PDF
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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.

Thinking Like A Lawyer

Author: Frederick Schauer
Publisher: Harvard University Press
ISBN: 0674032705
Size: 66.55 MB
Format: PDF, ePub
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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.

How To Win An Argument

Author: Michael A. Gilbert
Publisher: University Press of Amer
ISBN: 9780761840015
Size: 47.43 MB
Format: PDF, Kindle
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How to Win an Argument is designed to provide you with the tools you need to improve your rhetorical and critical skills. Since we constantly argue at work, home, and even in casual conversation, improving that ability is extremely important. This book will enable you to choose your arguments carefully and prevent you from being misled by fallacies and empty rhetoric. It will increase your insight and perception of the positions presented to you, decrease your gullibility, and replace it with a healthy skepticism. The practical information in this guide will sharpen your ears and your mind, making it more likely that the right response will occur to you at the right moment, rather than hours later. The third edition contains a new chapter on emotion and additional examples for each chapter. Using this book will aid you in communicating effectively, avoiding conflict, and understanding the myriad arguments you are faced with every day.

Point Made

Author: Ross Guberman
Publisher: Oxford University Press
ISBN: 0199943850
Size: 79.84 MB
Format: PDF
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In Point Made, Ross Guberman uses the work of great advocates as the basis of a valuable, step-by-step brief-writing and motion-writing strategy for practitioners. The author takes an empirical approach, drawing heavily on the writings of the nation's 50 most influential lawyers.

Logic For Lawyers A Guide To Clear Legal Thinking

Author: NITA
Publisher: LexisNexis
ISBN: 1632813122
Size: 21.83 MB
Format: PDF, ePub
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To win in court, you must master the elements of legal logic - the ultimate tool of persuasion in the courtroom. In Logic for Lawyers: A Guide to Clear Legal Thinking, Senior U.S. Circuit Judge Ruggero J. Aldisert, tells how to use legal reasoning to persuade judges and juries. A 30-year veteran of the bench, Aldisert helps litigators understand and apply the elements of legal logic. Using these skills, you can argue more persuasively - both in briefs and before the court. And just as critically, you can also expose flaws in adversaries' arguments. The result? A competitive edge in the courtroom. Rather than miring readers in exotic formulas and theories often found in logic texts, Aldisert explains in broad strokes the basics of logic and its application to legal thinking. You'll gain important insight into the mental processes we use in "thinking like a lawyer." Reviews "This is a book about legal reasoning or legal logic. While not challenging Justice Holmes' classic statement, 'The life of the law has not been logic; it has been experience,' it offers telling arguments that legal reasoning, or legal logic, may plan an equal or even more significant role in the life of the law ... All judges, lawyers, and law students will greatly profit by reading it." -William J. Brennan, Jr., U.S. Supreme Court Justice (Ret.) "Logic for Lawyers is the product of a keen mind that has benefited from opportunities to engage in and examine legal thinking from a variety of perspectives. This volume fills a surprising void in the current legal literature. Its publication should be particularly welcomed by law students and those who teach them." -Mark A. Nordenberg, Chancellor and Professor of Law, University of Pittsburgh The eBook versions of this title feature links to Lexis Advance for further legal research options.

The Legal Analyst

Author: Ward Farnsworth
Publisher: University of Chicago Press
ISBN: 0226238369
Size: 59.36 MB
Format: PDF, Mobi
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There are two kinds of knowledge law school teaches: legal rules on the one hand, and tools for thinking about legal problems on the other. Although the tools are far more interesting and useful than the rules, they tend to be neglected in favor of other aspects of the curriculum. In The Legal Analyst, Ward Farnsworth brings together in one place all of the most powerful of those tools for thinking about law. From classic ideas in game theory such as the “Prisoner’s Dilemma” and the “Stag Hunt” to psychological principles such as hindsight bias and framing effects, from ideas in jurisprudence such as the slippery slope to more than two dozen other such principles, Farnsworth’s guide leads readers through the fascinating world of legal thought. Each chapter introduces a single tool and shows how it can be used to solve different types of problems. The explanations are written in clear, lively language and illustrated with a wide range of examples. The Legal Analyst is an indispensable user’s manual for law students, experienced practitioners seeking a one-stop guide to legal principles, or anyone else with an interest in the law.