[PDF] Winning An Appeal eBook

Author : Ralph Adam Fine
Publisher : Juris Publishing, Inc.
Page : 358 pages
File Size : 12,55 MB
Release : 2012-02-01
Category : Law
ISBN : 1578233194

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Ralph Adam Fine, a Judge on the Wisconsin Court of Appeals since 1988, reveals how appellate judges, all over the country in state and federal courts, really decide cases, and how you can use that knowledge to win your appeal. In this lucid, step-by-step manual, Judge Fine explains and demonstrates how to write effective and persuasive briefs that will get the appellate judges to want you to win. The How-To-Win Appeal Manual - 3rd Edition will give you a judge's-eye-view of the appellate process: what works and why, what destroys effective advocacy, and how you can better represent your clients on appeal. You cannot afford to take or defend another appeal before you read The How-To-Win Appeal Manual! For the third edition, all of the chapters have been revised and updated, along with the addition of a new chapter on Oral Argument in the Real World. Content Highlights: How Judges Decide Cases (and Why That is Important To You) Too Many Cases - What the Heavy Appellate Caseloads Mean to You (and How You Can Get Your Briefs Noticed) The Brief How to Give the Judges the Tools to Decide Your Way The Keys to Writing an Effective and Persuasive Brief Be Honest and Forthright How to Make the Bad Facts Work for You How to Write a Powerful and Persuasive "Question Presented" How to Pick Your Best Issues (and Why This is Crucial) How to Write a Powerful and Persuasive "Statement of Facts" That Will Make the Court Want You to Win How to Write a Powerful and Persuasive "Summary of Argument" How to Make the Statutes Relevant to Your Case Work For You How to Write a Forceful and Persuasive "Argument" How to Make the "Statement of the Case" Clear The Real Role of the "Conclusion" How the Appendix Can Help You Win Why You Should Always File a Reply Brief If You are the Appellant (and How to Use it to Nail Down Your Win) The Secrets of a Winning Oral Argument "Standards of Review" Dangers and Opportunities: How to Make Them Tools for Victory How to Avoid the "Black Hole of Waiver" Why the Typical Appellate Brief is Suicidal (and What you can do to Avoid Common but Deadly Traps) How to Use Unpublished Decisions Advocacy in the Real World: A Step-by-Step Analysis of Briefs in Two Real Cases ( A Civil Appeal and a Criminal Appeal) Learn What Appellate Judges Like and What They Hate Practice Analyzing Issues to Come up with Winning Themes Practice Honing-in on Your Most Powerful Points (and How to Avoid the Traps that Snare Other Lawyers) Practice Crafting a Winning, Powerful Brief That Judges Will Love to Read

Author : Steven Wisotsky
Publisher :
Page : 0 pages
File Size : 38,75 MB
Release : 2009
Category : Appellate procedure
ISBN : 9781594606519

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Professional Judgment on Appeal starts with the simple fact that the overwhelming majority of appeals, both civil and criminal, fail. Looking at this poor track record, the book focuses on the need for lawyers to sift the winning appeals from the losing appeals and advise clients accordingly. With a thematically tight focus on the tools of professional case evaluation, Wisotsky helps the lawyer to answer the ultimate question in every case: can this appeal succeed and on what grounds? This book is designed to aid all members of the legal profession: lawyers, judges, students, and professors. It builds upon the basics taught in law school, but goes far beyond to fill notable gaps in the knowledge of most attorneys. The second edition updates the first edition from 2002 with current rules, statutes and cases. It also adds new chapters on Extraordinary Writs and Ethical Dimensions of Appellate Practice. "With a thematically tight focus on the tools of professional case evaluation, Wisotsky helps the lawyer to answer the ultimate question in every case: can this appeal succeed and on what grounds? This book is designed to aid all members of the legal profession: lawyers, judges, students, and professors. It builds upon the basics taught in law school, but goes far beyond to fill notable gaps in the knowledge of most attorneys." -- The Law and Politics Book Review

Author : David D. Mullens
Publisher :
Page : 280 pages
File Size : 26,20 MB
Release : 2020
Category : Administrative procedure
ISBN : 9781641055987

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"This book is about how to successfully fight for the payment of medically reasonable and necessary services when Medicare erroneously denies payment, or when Medicare erroneously demands a repayment of overpayment"--

Author : Tessa L. Dysart
Publisher : Aspen Publishing
Page : 532 pages
File Size : 17,56 MB
Release : 2017-08-15
Category : Law
ISBN : 1601567251

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When the late Ruggero J. Aldisert wrote Winning on Appeal in 1992, it became an instant classic in law school classrooms and appellate law practices across the country. To celebrate the twenty-fifth anniversary of the book’s release, Tessa L. Dysart and Leslie H. Southwick carry on the Aldisert tradition of revealing the "nuts and bolts" of how to prepare an effective brief with the nuanced art of a delivering a persuasive appeal to the court. Their meticulously rendered update is replete with dozens of interviews with leading appeals judges and practitioners—treasured guidance from a bona fide who’s who of appellate advocacy in America—and escorts readers into the “wired” courtroom of the twenty-first century, where they explore the benefits and challenges of melding technology with appellate advocacy. With a Foreword penned by U.S. Supreme Court Associate Justice Samuel A. Alito, Jr., Winning on Appeal conveys the perfect blueprint for any lawyer who wants to win on appeal. Reviews "I argued before Judge Aldisert as a young attorney, and I learned from the experience of trying to hold my own in front of the former Marine. I will certainly never forget those occasions. Arguing before Judge Aldisert was the best (and therefore the most demanding) Socratic experience imaginable. Woe to the lawyer who was unprepared or, worse yet, tried to pull something on the court! But to paraphrase that famous Sinatra song, if you could make it arguing in front of Judge Aldisert, you could make it anywhere. I am very pleased that Rugi’s teaching will live on after him in this new edition of Winning on Appeal. For new appellate advocates, this volume should be required reading. I wish that it had been available when I argued my first case. For more experienced attorneys, the book contains advanced tips and reminders that may serve as a corrective against the bad habits that are easy to acquire. For any attorney who wants to know how to win on appeal, this is where to look." — Samuel A. Alito, Jr., Associate Justice, U.S. Supreme Court

Author : Myron Moskovitz
Publisher :
Page : 0 pages
File Size : 17,45 MB
Release : 2016
Category : Appellate procedure
ISBN : 9781630447700

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This book is designed to give the reader ideas that will help them win in an appellate court, whether representing the appellant or the respondent. These ideas cannot guarantee victory because there are many key factors beyond the lawyer's control, such as the record on appeal and the attitudes of the judges assigned to the case. But proper application of certain techniques can substantially increase the chance of success, and permit the attorney to do the best job in the least amount of time. The appellate court is often viewed by lawyers as foreign territory -- an arena for quiet, scholarly debate far from the rough-and-tumble, think-on-your-feet type of practice common in the trial courts. Because of this perception, lawyers are often uncomfortable writing briefs and arguing before appellate courts, and often their primary concern is simply to get through the ordeal without looking foolish. This book is intended for the lawyer or law student who wants to get beyond that point, whose chief concern is victory for the client. This book addresses the form of an appeal, but it is mainly about the substance of an appeal. Examples of many of the brief-writing techniques discussed appear in the sample briefs at the end of this book. Before each brief is an explanation of the strategic thinking that lies behind how each brief was written.

Author : Ralph Adam Fine
Publisher : Juris Publishing, Inc.
Page : 361 pages
File Size : 47,33 MB
Release : 2015-02-01
Category : Appellate procedure
ISBN : 1578233976

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Ralph Adam Fine, a Judge on the Wisconsin Court of Appeals since 1988, reveals how appellate judges, all over the country in state and federal courts, really decide cases, and how you can use that knowledge to win your appeal. In this lucid, step-by-step manual, Judge Fine explains and demonstrates how to write effective and persuasive briefs that will get the appellate judges to want you to win. The How-To-Win Appeal Manual - Fourth Edition will give you a judge's-eye-view of the appellate process: what works and why, what destroys effective advocacy, and how you can better represent your clients on appeal. You cannot afford to take or defend another appeal before you read The How-To-Win Appeal Manual! For the fourth edition, all of the chapters have been revised and updated. Content Highlights: How Judges Decide Cases (and Why That is Important To You)Too Many Cases - What the Heavy Appellate Caseloads Mean to You (and How You Can Get Your Briefs Noticed)The BriefHow to Give the Judges the Tools to Decide Your WayThe Keys to Writing an Effective and Persuasive BriefBe Honest and ForthrightHow to Make the Bad Facts Work for YouHow to Write a Powerful and Persuasive "Question Presented"How to Pick Your Best Issues (and Why This is Crucial)How to Write a Powerful and Persuasive "Statement of Facts" That Will Make the Court Want You to WinHow to Write a Powerful and Persuasive "Summary of Argument"How to Make the Statutes Relevant to Your Case Work For YouHow to Write a Forceful and Persuasive "Argument"How to Make the "Statement of the Case" ClearThe Real Role of the "Conclusion"How the Appendix Can Help You WinWhy You Should Always File a Reply Brief If You are the Appellant (and How to Use it to Nail Down Your Win)The Secrets of a Winning Oral Argument"Standards of Review" Dangers and Opportunities: How to Make Them Tools for VictoryHow to Avoid the "Black Hole of Waiver"Why the Typical Appellate Brief is Suicidal (and What you can do to Avoid Common but Deadly Traps)How to Use Unpublished DecisionsAdvocacy in the Real World: A Step-by-Step Analysis of Briefs in Two Real Cases ( A Civil Appeal and a Criminal Appeal)Learn What Appellate Judges Like and What They HatePractice Analyzing Issues to Come up with Winning ThemesPractice Honing-in on Your Most Powerful Points (and How to Avoid the Traps that Snare Other Lawyers)Practice Crafting a Winning, Powerful Brief That Judges Will Love to Read

Author : Sarah H. Bohr
Publisher :
Page : 782 pages
File Size : 47,80 MB
Release : 2014-05-15
Category :
ISBN : 9780996223409

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Includes over 100 pages of pattern arguments based on Social Security rulings, regulations and HALLEX to make in your cases. Also includes 55 winning Appeals Council letter briefs written in actual cases and Appeals Council orders either reversing and/or remanding the cases. Learn what issues work at the Appeals Council. Also useful in writing hearing briefs. This publication includes a searchable CD of the book which is Mac and PC compatible.

Author : Vicki KUNKEL
Publisher : Amacom Books
Page : 306 pages
File Size : 11,40 MB
Release : 2008-11-26
Category : Business & Economics
ISBN : 0814410219

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Discover the hidden secrets of mass appeal...and use them to create unbreakable allegiance for products, people, and ideas!