Building Your Best Argument

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Author: Cecil Kuhne

ISBN-10: 1604428384

ISBN-13: 9781604428384

Category: Trial Practice

Through the sheer volume of litigation facing the courts, complete, concise and well-reasoned arguments are demanded of today's lawyers. Both trial and appellate benches are more dependent than ever on well-prepared written arguments of counsel, particularly because many decisions occur without any oral argument. In cases where oral argument is permitted, there are additional challenges including rigid time constraints that make every statement count.

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Introduction\ 1 The Battle of Persuasion: Harder Than It Looks 1\ 2 Simple and Direct: Clarity Counts 5\ 3 Leading Off: The Importance of a Strong Introduction 17\ 4 Summarily Speaking: An Overviews Significance 27\ 5 Just the Facts: Setting Up the Background 37\ 6 Short Bursts: For Diminishing Attention Spans 51\ 7 History of the Case: The Devil is in the Details 61\ 8 Statutory Construction: It Can be Critical 77\ 9 Legislative Purpose: Determining Congressional Intent 95\ 10 Discussing Case Law: An Overlooked Art Form 107\ 11 Your Opponents Argument: The Key to Effective Challenges 123\ 12 Policy Considerations: They Often Count 141\ 13 Obsessive-Compulsive: Organization Is Key 155\ 14 Stellar Examples 187\ Index 255\ About the Author 265