Art of Advocacy Series: Appeals

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LexisNexis, Dec 9, 2016 - Law - 1508 pages
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Step-by-step practical analysis of written and oral arguments, with expert advice on preparation and presentation. Included are sample written briefs and oral arguments in products liability cases, medical malpractice cases, and wrongful death actions. Arguments are compared, do's and don'ts are highlighted, and checklists are provided.
 

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Contents

Cover
What Is Appealable?
Perfecting an Appeal
The Record on Appeal
Administrators Legal Staff and
The Appellate MindSet
PostTrial Motions and the Need to Preserve Error
Obtaining Discretionary Further Review by the Final
17 Given Instruction Caused No Damage 18 OwnerContractor Had Obligation of Due Care
Reliance On ExtraRecord Facts
Drug Products Liability Case
7 Chilling Effect of Tort Liability on Drug Research 8 Procedural Posture of Case 9 Foreseeability Revisited 10 Practical Problems of Proof 11 Comp...
Conflicts of Laws American
Did Insurance
4 Respondents Position 5 Gives Simple Response to Opponents Position 6 Answers Petitioners Thrust Directly by Using Facts 7 Petitioners Are Askin...
Negligence Action Against Insurance Agent for Failure to Provide Certain Coverage 51 01 Statement of the Case 51 02 What Will the Judges Be Lo...

01 The Limits of Tort LiabilityThe DES Case 48 02 Background of the Case
Preparing to Write Appellants Brief
The Appealing Page
How One Appellate Judge Reads the Briefs
Dos and Donts for Brief Writing
The Statement of the Case and Other Technical Brief
Statement of Legal Issues
The Appendix
Statement of Facts
The Argument
The Single Issue Case
Policy Argument in Interpretation of a Statute
3 Reiterating the Public Policy Argument
The Review for Correctness
Challenging Sanctions on AppealA Model Brief
Framing the Issue
A Winners Frame
CHAPTER 37A Products Liability AppealPlaintiffAppellants Brief
CHAPTER 37C Products Liability Appeal PlaintiffAppellantCross
Products Liability AppealFederal Appellate Courts
Amicus Briefs
A Few Tips on Public Speaking
Dos and Donts for Oral Argument
Model Oral ArgumentNew Issues on Appeal Attorney
Dealing with En Banc Oral
Challenging the Jurys Verdict
What Not to Do Duty to Warn of Hazardous Condition? 46 01 Comparative Arguments for Teaching Purposes 1 The Model Format 46 02 Appella...
07 Appraisal of Arguments
15 Opposition Dragged in Nudity Issue
16 Record Shows Issue to Be Waived
Oral Argument
Evidentiary Issues in Damages Trial of Sexual Harassment Case 52 01 Background Information 52 02 PlaintiffAppellants Argument 1 Introduction ...
9 Percentage of Women Employed by Defendant 10 Position That Deceaseds Claim Abated Upon Death 11 Applicable Statute of Limitations in One ...
Diving Injury and Assumption of Risk 53 01 Background Information 53 02 Statement of the Case 53 03 PlaintiffAppellants Argument 1 Introduc...
Damages for Cancerphobia
2 The Judge Is Disturbed 3 The Hysterectomy 4 The General Verdict 5 Speculation? 6 Reliance on the Trial Judge 7 The Fear of Cancer Revisited 8 ...
3 Need for a Hysterectomy
4 The TwoPercent Chance
5 The Causal Connection 6 Fear of Future Misdiagnosis
Claim Against Underinsured Motorist Carrier For Failure to Settle Claim With Its Insured 55 01 Thirdparty Insurance Coverage Disputes 55 02 Bac...
5 The Strength of Claimants Claim 6 Magnitude of the Injury 7 Plaintiffs Demand 8 Wheres the Harm? 9 Claimants BadFaith Damages 10 The Intern...
Sexual Harassment
Exclusivity of Workers
Standard for Employer Liability
Reversing an Adverse Judgment
The Tragic Passing of Oral Argument
6 Appellee Ends With The Standard of Review
Improper Remarks in Rebuttal
Deciding The Case
The Written Argument
The DecisionMaking Conference
Statutory Gag Rule and
When Preservation of Error is
Motions Petitions Extraordinary Writs and PostDecision Proceedings
Petition
Mandamus and Prohibition
Mandamus CaseAttorney Disqualification
Prohibition CasePreTrial Discovery
BIBLIOGRAPHY
INDEX

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