Art of Advocacy: Appeals

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LexisNexis, Mar 6, 1997 - Appellate procedure
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Step-by-step practical analysis of written & oral arguments, with expert advice on preparation & presentation. Included are sample written briefs & oral arguments in products liability cases, medical malpractice cases, & wrongful death actions. Arguments are compared, do's & don'ts are highlighted, & checklists are provided. 1 Volume; Looseleaf; updated with revisions.
 

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Contents

THE APPEALS PROCESS
vii Summary
5 Is There At Least One Jugular Reversible Error?
WHAT IS APPEALABLE?
PERFECTING AN APPEAL
THE RECORD ON APPEAL
ADMINISTRATORS LEGAL STAFF
THE APPELLATE MINDSET
ORAL ARGUMENT
A FEW TIPS ON PUBLIC SPEAKING
DOS AND DONTS FOR ORAL ARGUMENT
MODEL ORAL ARGUMENTNEW ISSUES ON APPEAL
DEALING WITH EN BANC
CHALLENGING THE JURYS
DID
NEGLIGENCE ACTION

POSTTRIAL MOTIONS AND THE NEED TO PRESERVE ERROR
OBTAINING DISCRETIONARY FURTHER REVIEW BY
PROFESSIONAL RESPONSIBILITY AND THE APPELLATE
THE WRITTEN ARGUMENT
PREPARING TO WRITE APPELLANTS BRIEF
HOW ONE APPELLATE JUDGE READS THE BRIEFS
THE STATEMENT OF THE CASE AND OTHER TECHNICAL
STATEMENT OF LEGAL ISSUES
THE APPENDIX
STATEMENT OF FACTS
THE ARGUMENT
THE SINGLE ISSUE CASE
POLICY ARGUMENT IN INTERPRETATION
THE REVIEW FOR CORRECTNESS
CHALLENGING SANCTIONS ON APPEALA MODEL BRIEF
FRAMING THE ISSUE
A WINNERS FRAME
CHAPTER 37A PRODUCTS LIABILITY APPEALPLAINTIFFAPPELLANTS
CHAPTER 37B PRODUCTS LIABILITY APPEALDEFENDANTAPPELLEES
CHAPTER 37C PRODUCTS LIABILITY APPEALPLAINTIFF
PRODUCTS LIABILITY APPEALFEDERAL APPELLATE
AMICUS BRIEFS
EVIDENTIARY ISSUES
within the human breast Nearly every trial lawyer who has lost a case sees error and
DIVING INJURY
DAMAGES
CLAIM AGAINST
SEXUAL HARASSMENT
EXCLUSIVITY OF WORKERS
STANDARD FOR EMPLOYER
REVERSING AN ADVERSE
DECIDING THE CASE
STATUTORY GAG RULE
WHEN PRESERVATION
MOTIONS IN GENERAL
REC ONSIDERATION IN
MANDAMUS
MANDAMUS CASEATTORNEY DISQUALIFICATION
ON REHEARING OF PETITION FOR REVIEW
PROHIBITION CASEPRETRIAL DISCOVERY
Henning Nelson Construction Co v Firemans Fund Life Ins Co 383 N W 2d 685
BIBLIOGRAPHY
INDEX
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