The Tools Of Argument

Author: Joel P Trachtman
Publisher: CreateSpace
ISBN: 9781481246385
Size: 24.50 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: 41.57 MB
Format: PDF, Docs
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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: 61.85 MB
Format: PDF, Kindle
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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: 18.15 MB
Format: PDF, 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.

The Legal Analyst

Author: Ward Farnsworth
Publisher: University of Chicago Press
ISBN: 0226238369
Size: 72.80 MB
Format: PDF, Docs
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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.

Legal Argument The Structure And Language Of Effective Advocacy

Author: James A. Gardner
Publisher: LexisNexis
ISBN: 032717708X
Size: 55.60 MB
Format: PDF, Docs
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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.

Storytelling For Lawyers

Author: Philip Meyer
Publisher: Oxford University Press
ISBN: 0199910618
Size: 28.35 MB
Format: PDF, Mobi
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Good lawyers have an ability to tell stories. Whether they are arguing a murder case or a complex financial securities case, they can capably explain a chain of events to judges and juries so that they understand them. The best lawyers are also able to construct narratives that have an emotional impact on their intended audiences. But what is a narrative, and how can lawyers go about constructing one? How does one transform a cold presentation of facts into a seamless story that clearly and compellingly takes readers not only from point A to point B, but to points C, D, E, F, and G as well? In Storytelling for Lawyers, Phil Meyer explains how. He begins with a pragmatic theory of the narrative foundations of litigation practice and then applies it to a range of practical illustrative examples: briefs, judicial opinions and oral arguments. Intended for legal practitioners, teachers, law students, and even interdisciplinary academics, the book offers a basic yet comprehensive explanation of the central role of narrative in litigation. The book also offers a narrative tool kit that supplements the analytical skills traditionally emphasized in law school as well as practical tips for practicing attorneys that will help them craft their own legal stories.

Thinking Like A Lawyer

Author: Kenneth J. Vandevelde
Publisher: Routledge
ISBN: 0429973888
Size: 20.87 MB
Format: PDF, Mobi
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Law students, law professors, and lawyers frequently refer to the process of "thinking like a lawyer," but attempts to analyze in any systematic way what is meant by that phrase are rare. In his classic book, Kenneth J. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, which are plagued by difficult, virtually incomprehensible language, this book is accessible and clearly written and will help students, professionals, and general readers gain important insight into this well-developed and valuable way of thinking.Updated for a new generation of lawyers, the second edition features a new chapter on contemporary perspectives on legal reasoning. A useful new appendix serves as a survival guide for current and prospective law students and describes how to apply the techniques in the book to excel in law school.

How To Win Every Argument

Author: Madsen Pirie
Publisher: Bloomsbury Publishing
ISBN: 147252697X
Size: 60.19 MB
Format: PDF, Mobi
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In the second edition of this witty and infectious book, Madsen Pirie builds upon his guide to using - and indeed abusing - logic in order to win arguments. By including new chapters on how to win arguments in writing, in the pub, with a friend, on Facebook and in 140 characters (on Twitter), Pirie provides the complete guide to triumphing in altercations ranging from the everyday to the downright serious. He identifies with devastating examples all the most common fallacies popularly used in argument. We all like to think of ourselves as clear-headed and logical - but all readers will find in this book fallacies of which they themselves are guilty. The author shows you how to simultaneously strengthen your own thinking and identify the weaknesses in other people arguments. And, more mischievously, Pirie also shows how to be deliberately illogical - and get away with it. This book will make you maddeningly smart: your family, friends and opponents will all wish that you had never read it. Publisher's warning: In the wrong hands this book is dangerous. We recommend that you arm yourself with it whilst keeping out of the hands of others. Only buy this book as a gift if you are sure that you can trust the recipient.

Point Made

Author: Ross Guberman
Publisher: Oxford University Press
ISBN: 0199943850
Size: 12.81 MB
Format: PDF, Kindle
View: 206
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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.