Law Legal Profession

Legal Method and Writing II: Trial and Appellate Advocacy, Contracts, and Correspondence, 8th Edition

Edited by Charles R. Calleros · Kimberly Y.W. Holst
Aspen Legal Education February 2018

Specifications

ISBN-13
9781454897156
Publisher
Aspen Legal Education
Publication
February 2018
Format
Paperback , 290 pages
Jurisdiction
U.S. ? Countri(es) for reference only

Details

An ideal text for a second semester legal writing or advanced writing course, the Legal Method and Writing II, Eighth Edition immerses students in the world of appellate briefs, pleadings, motions, contracts, and professional correspondence. This revision expands coverage of motions to dismiss, while maintaining in-depth coverage of complaints, answers, motions for summary judgment, and motions in limine to exclude evidence. Numerous illustrations, sample documents, and exercises address issues ranging from enforcement of marriage contracts to sexual harassment in the workplace. 

 

Key Features:

  • Introductory chapters on fundamentals of written advocacy, including ethical concerns, strategic considerations, organization, writing style, issue statements, point headings, and effective presentation of rules and fact analysis 
  • In-depth discussion of trial briefs: pleadings, motion to dismiss, motion for summary judgment, judgment, and motion in limine to exclude evidence, with numerous illustrations and sample documents
  • Comprehensive discussion of appellate briefs and appellate standards of review, with sample briefs and special attention to policy arguments
  • Introduction to contract drafting
  • The addition of “soft skills” (e.g. rapport building)
  • Chapters on advice and demand letters
  • Examples and illustrations throughout the text
  • Numerous exercises and assignments in the main text and in the appendices

Table of Contents

PART I INTRODUCTION TO ADVOCACY
Chapter 1 Advocacy: Overview and Ethics
Chapter 2 Developing Your Legal Arguments
Chapter 3 Expressing Your Advocacy: Persuasive Writing Style and Oral Argument

PART II PRETRIAL ADVOCACY—PLEADINGS AND MOTIONS
Chapter 4 Pleadings and Motions to Dismiss
Chapter 5 Motion for Summary Judgment
Chapter 6 Motion to Exclude Evidence Before Trial

PART III APPELLATE BRIEFS
Chapter 7 Standards of Appellate Review
Chapter 8 The Brief—Effective Appellate Advocacy

PART IV WRITING TO PARTIES: CONTRACTS AND CORRESPONDENCE
Chapter 9 Contracts
Chapter 10 Advice Letters
Chapter 11 Demand Letters

APPENDIX
Appendix Pleadings and Pretrial Motions: Assignments for Parts I and II

Index

About the Author

Charles R. Calleros

Charles Calleros is a professor of law at the Sandra Day O’Connor College of Law at Arizona State University in Tempe, Arizona, where he has taught Legal Method and Writing, Advanced Writing Seminar, Contracts, International Contracts, Civil Rights Legislation, Torts, and Civil Clinic. He has taught Contract Law as a visiting professor at Stanford Law School and Santa Clara University School of Law, and he has taught courses in introductory common law legal method at the University of Paris and the Zhongnan University of Economics and Law in Wuhan, China.

Following graduation from the U.C. Davis School of Law in 1978, Professor Calleros clerked for the Office of Central Staff Attorneys for the U.S. Court of Appeals for the Ninth Circuit. He credits his mentors there with stimulating his fascination for legal writing, prompting his request to be assigned to teach in the legal writing curriculum when he entered teaching after completing his term as a Central Staff Attorney and then clerking for Ninth Circuit Judge Procter Hug, Jr.

Soon after joining the faculty at A.S.U. in 1981, Professor Calleros began directing writing programs at Phoenix law firms, providing him with concentrated exposure to written advocacy and transactional work. This experience, combined with his clerking with the Court of Appeals and with his teaching of both Contracts and Legal Writing, provided him with a rich combination of perspectives and bases of knowledge that formed the foundation for his textbook, Legal Method and Writing.

 

Kimberly Holst

 

Kimberly Holst is a Clinical Professor of Law at Arizona State University Sandra Day O'Connor College of Law and teaches Legal Method and Writing as well as upper-level writing and skills courses. Professor Holst’s scholarship focuses on the interdisciplinary use of methods from various areas of educational pedagogy and their application to teaching the law. Her work is also applied to the development of law school pedagogy in the global context. Specifically, Professor Holst has presented to various international audiences about techniques for more effective law school pedagogy. Additionally, she has written in the areas of intellectual property law and criminal procedure.

Prior to joining ASU in 2010, she taught Legal Research and Writing at Hamline University School of Law and at the University of Minnesota Law School. While at Hamline, Professor Holst created a pipeline for diversity pilot program aimed at helping middle school-aged children think about and aspire to a career in the law. She also developed a self-assessment tool to aid first-year law students in reflecting about their skills and knowledge as they relate to achieving the school’s learning outcomes.

Outside the classroom, Professor Holst has served as a mediator and an attorney for a Minnesota legal aid organization. She also practiced in a variety of areas as a private attorney prior to becoming a professor.

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