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Legal Argument: The Structure and Language of Effective Advocacy, Second Edition 2007

Legal Argument: The Structure and Language of Effective Advocacy, Second Edition 2007

James A. Gardner, Joseph W. Belluck and Laura L. Aswad Professor of Civil Justice, University of Buffalo Law School, The State University of New York


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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.

    Professors and adjunct professors may request complimentary examination copies of LexisNexis law school publications to consider for class adoption or recommendation. Please identify the book(s) you wish to receive, provide your institutional contact information, and submit your request here.

     

    James A. Gardner


    James A. Gardner is a SUNY Distinguished Professor at the University at Buffalo Law School, where he is also the Joseph W. Belluck and Laura L. Aswad Professor of Civil Justice, the Director of the Jaeckle Center for Law and Democracy, as well as the Vice Dean for Academic Affairs. He holds a B.A. from Yale and a J.D. from the University of Chicago. He practiced in the Civil Division of the United States Department of Justice in Washington, D.C. and also taught law at Western New England College, The College of William and Mary, and the University of Connecticut. He is widely published and has authored numerous books and articles.

     

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