Judicial Writing

A Benchmark for the Bench

Author: Chinua Asuzu

Publisher: Partridge Africa

ISBN: 1482862255

Category: Education

Page: 304

View: 4492

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To validate their institutional continuance as a branch of government, writes Chinua Asuzu, judges must make sound decisions. They must also articulate and express those decisions efficiently and comprehensibly. This book shows how. This book will help judges, arbitrators, and other decision-writers master the art and science of judicial writing. A most welcome guide, Judicial Writing: A Benchmark for the Benchsets a high, yet attainable, standard of excellence for writing judicial decisions. It will no doubt become the reference point for judging judges and their judgments. Chinua Asuzu is that uncommon lawyer who wrote The Uncommon Law of Learned Writing. His other works includeAnatomy of a Brief andFair Hearing in Nigeria. A versatile arbitrator, Asuzu served as an administrative-law judge at the Tax Appeal Tribunal in Nigeria from 2010 to 2016.He is now the Senior Partner of Assizes Lawfirm, a team of tax lawyers.

Judicial Writing Manual

A Pocket Guide for Judges

Author: Federal Judicial Federal Judicial Center

Publisher: Createspace Independent Publishing Platform

ISBN: 9781539435617

Category:

Page: 56

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This manual is not intended to proclaim the right way of writing an opinion. Anyone who attempts to announce authoritative rules of good writing invites debate and comparison. As one judge said, "I have one overarching rule. That is, don't have any such rules." Indeed, in a leading text on good writing, E. B. White acknowledged that "[s]tyle rules of this sort are, of course, somewhat a matter of individual preference, and even the established rules of grammar are open to challenge." Instead, the purpose of the manual is to stimulate judges to think as systematically about writing their opinions as they do about deciding their cases. Judges should ask themselves: Am I writing this way because this is how I've always done it, or is there a better way? Is there a reason for organizing the opinion this way? For including these particular facts? For discussing this issue at length? For citing this case? Is this sentence clear? Are all the words in it necessary? In the following parts, the manual takes readers through the opinion-writing process. Part 2 suggests issues to consider in deciding whether to write a formal opinion, a memorandum, or an unpublished opinion. Part 3 discusses steps a judge should take before starting to write. Part 4 discusses the organization and content of an opinion. Part 5 offers suggestions on language, style, and editing. Part 6 presents considerations for cowriting an opinion, commenting on the opinions of other members of the court, and writing dissenting and concurring opinions. Part 7 contains a list of books and articles that may be useful to those who want to read more about judicial writing. The appendices provide examples of some of the writings discussed in the manual, such as summary orders and dissenting opinions.

Law and Literature

Author: Richard A. Posner

Publisher: Harvard University Press

ISBN: 0674054415

Category: Law

Page: 592

View: 5582

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Law and Literature is the only book-length treatment of a widely popular subject that is drawing considerable academic attention. Leading legal scholar Richard Posner believes that courses and scholarship in law and literature provide an attractive alternative to courses and scholarship in jurisprudence (philosophy of law), especially since the study of literature can assist lawyers and judges by sharpening their rhetorical skills. The revised edition features considerable new material, including a consideration of plagiarism as well as discussions of novels that grapple with issues very pertinent today, such as illegal immigration, global warming, bioterrorism, surveillance, artificial reproduction, and virtual reality. Posner also discusses the role of the law in popular literature, movies, and television.

Introduction to Classical Legal Rhetoric

A Lost Heritage

Author: Michael H. Frost

Publisher: Routledge

ISBN: 1351926322

Category: Law

Page: 170

View: 2594

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Lawyers, law students and their teachers all too frequently overlook the most comprehensive, adaptable and practical analysis of legal discourse ever devised: the classical art of rhetoric. Classical analysis of legal reasoning, methods and strategy is the foundation and source for most modern theories on the topic. Beginning with Aristotle's Rhetoric and culminating with Cicero's De Oratore and Quintilian's Institutio Oratoria, Greek and Roman rhetoricians created a clear, experience-based theoretical framework for analyzing legal discourse. This book is the first to systematically examine the connections between classical rhetoric and modern legal discourse. It traces the history of legal rhetoric from the classical period to the present day and shows how modern theorists have unknowingly benefited from the classical works. It also applies classical rhetorical principles to modern appellate briefs and judicial opinions to demonstrate how a greater familiarity with the classical sources can deepen our understanding of legal reasoning.

Opinion Writing

Author: Ruggero J. Aldisert

Publisher: AuthorHouse

ISBN: 1438982275

Category: Law

Page: 334

View: 653

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This book is based on real life experiences where the possibility of the living being able to communicate with the deceased is investigated. The belief in reincarnation and life after death raises a tantalising question: Can the living communicate with the dead? Most churchmen and scientists are sceptical, but many people, including churchmen and scientists, believe such a thing is possible. The belief in the immortal soul is a dogma of Christianity (resurrection), Hinduism (reincarnation or samsara), Islam (Day of Judgement), Judaism (sheol), and the Shona (NyikaDzimu). Moreover, man has been familiar with the concept of life after death since time immemorial. Immortality has been rejected by those who feel its only basis is wishful thinking that when the body dies, the personality dies with it because it is part of the physical body. Believers can cite the resurrection of Jesus, and maintain that since life on earth is not completely fulfilled an afterlife is necessary for completion. Another argument in favour of an afterlife is that since matter and energy may be transformed but not destroyed, neither can personality, which exists just as do the elements in nature, be destroyed. In many of the ancient societies, including Egypt and Greece, dreaming was considered a supernatural communication or a means of divine intervention, whose message could be unravelled by those with certain powers. In modern times, various schools of psychology have offered theories about the meaning of dreams. In Communication with the Deceased is meant to serve only as a basis for reflection in order for the reader to examine all the clues and then derive further meaning from specific circumstances of his/her own dreams. To be able to interpret a dream, one does not need to have an academic degree in psychology. What is important is to use one's instinct and common sense. Try to develop your own personal insights into what the common symbols in your dreams mean. When it comes to dream symbols, there are no equivocally universal rules or meanings. Dreams dictionaries help by providing hints at the meaning of symbols that appear in one's dreams. This book is of value to those studying psychology and those participating

In the Opinion of the Court

Author: William Domnarski

Publisher: University of Illinois Press

ISBN: 9780252065569

Category: Political Science

Page: 183

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In the Opinion of the Court, the first close examination of judicial opinions as a literary genre, looks at opinions handed down by the U.S. Supreme Court, the U.S. Court of Appeals, and district courts, tracing their history, function, and place in legal literature. William Domnarski explores the connection between judges and their audience on the one hand, and judicial opinions and their functions, on the other. He also reveals the key roles played by the reporting and publication of judicial opinions in advancing distinctly American values, the dominance exercised by the best opinion writers, and the rise of the law clerk as an individual increasingly called on to write opinions. Domnarski pays special attention to Learned Hand and Oliver Wendell Holmes traditionally seen as the best practitioners of the genre, and devotes a chapter to Richard Posner, Chief Judge of the Seventh Circuit of the U.S. Court of Appeals in Chicago, seen as carrying on the Hand-Holmes tradition.

Judicial Writing Manual

A Pocket Guide for Judges

Author: Federal Judicial Center

Publisher: Createspace Independent Publishing Platform

ISBN: 9781492315285

Category: Law

Page: 56

View: 1906

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Judicial Writing ManualA Pocket Guide for JudgesSecond EditionFederal Judicial CenterThe link between courts and the public is the written word. With rare exceptions, it is through judicial opinions that courts communicate with litigants, lawyers, other courts, and the community. Whatever the court's statutory and constitutional status, the written word, in the end, is the source and the measure of the court's authority. It is therefore not enough that a decision be correct—it must also be fair and reasonable and readily understood. The burden of the judicial opinion is to explain and to persuade and to satisfy the world that the decision is principled and sound. What the court says, and how it says it, is as important as what the court decides. It is important to the reader. But it is also important to the author because in the writing lies the test of the thinking that underlies it. “Good writing,” Ambrose Bierce said, “essentially is clear thinking made visible.” Ambrose Bierce, Write It Right 6 (rev. ed. 1986). To serve the cause of good opinion writing, the Federal Judicial Center has prepared this manual. It is not held out as an authoritative pronouncement on good writing, a subject on which the literature abounds. Rather, it distills the experience and reflects the views of a group of experienced judges, vetted by a distinguished board of editors. No one of them would approach the task of writing an opinion, or describe the process, precisely as any of the others would. Yet, though this is a highly personal endeavor, some generally accepted principles of good opinion writing emerge and they are the subject of this manual. We hope that judges and their law clerks will find this manual helpful and that it will advance the cause for which it has been prepared.William W SchwarzerDirector Emeritus, Federal Judicial Center

Legal writing

sense and nonsense

Author: David Mellinkoff

Publisher: West Group

ISBN: N.A

Category: Law

Page: 242

View: 1446

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How to write plain English

a book for lawyers and consumers

Author: Rudolf Franz Flesch

Publisher: Harpercollins

ISBN: N.A

Category: Language Arts & Disciplines

Page: 126

View: 5641

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Tackling the obfuscation inherent in legal language, Flesch isolates the elements in legal writing that make most documents beyond the layman's comprehension and offers remedies for each obstacle to easy reading and understanding

Handbook of Markov Chain Monte Carlo

Author: Steve Brooks,Andrew Gelman,Galin Jones,Xiao-Li Meng

Publisher: CRC Press

ISBN: 1420079425

Category: Mathematics

Page: 619

View: 8136

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Since their popularization in the 1990s, Markov chain Monte Carlo (MCMC) methods have revolutionized statistical computing and have had an especially profound impact on the practice of Bayesian statistics. Furthermore, MCMC methods have enabled the development and use of intricate models in an astonishing array of disciplines as diverse as fisheries science and economics. The wide-ranging practical importance of MCMC has sparked an expansive and deep investigation into fundamental Markov chain theory. The Handbook of Markov Chain Monte Carlo provides a reference for the broad audience of developers and users of MCMC methodology interested in keeping up with cutting-edge theory and applications. The first half of the book covers MCMC foundations, methodology, and algorithms. The second half considers the use of MCMC in a variety of practical applications including in educational research, astrophysics, brain imaging, ecology, and sociology. The in-depth introductory section of the book allows graduate students and practicing scientists new to MCMC to become thoroughly acquainted with the basic theory, algorithms, and applications. The book supplies detailed examples and case studies of realistic scientific problems presenting the diversity of methods used by the wide-ranging MCMC community. Those familiar with MCMC methods will find this book a useful refresher of current theory and recent developments.

Opinion Writing and Case Preparation

Author: The City Law School

Publisher: Oxford University Press

ISBN: 0198765983

Category:

Page: 400

View: 2524

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Opinion Writing and Case Preparation equips trainee barristers with the tools and techniques they need to identify, analyse, and present convincing legal arguments, and gives a thorough grounding in the skill of writing opinions. With its systematic approach to legal research and fact management, the manual provides trainee barristers with an efficient and reliable method for preparing a client's case. The fundamental qualities of effective writing are also clearly identified and explained, helping you develop this essential skill. Particular care is taken to guide you through the appropriate ways of writing opinions in a variety of contexts.

The Elements of Legal Style

Author: Bryan A. Garner

Publisher: Oxford University Press, USA

ISBN: N.A

Category: Language Arts & Disciplines

Page: 236

View: 2050

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Offers advice on a variety of expository writing concerns, including grammar, clarity, and persuasive rhetoric

Reasons for judgment

a handbook for judges and other judicial officers

Author: Roman N. Komar

Publisher: N.A

ISBN: 9780409843644

Category: Law

Page: 103

View: 9283

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Judicial Handbook on Environmental Law

Author: Dinah Shelton,Alexandre Charles Kiss

Publisher: UNEP/Earthprint

ISBN: 9280725556

Category: Business & Economics

Page: 131

View: 3653

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"This handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in interpreting and applying the law. It seeks to provide judges with a practical guide to basic environmental issues that are likely to arise in litigation. It includes information on international and comparative environmental law and references to relevant cases."--P. iii.