Sentences with phrase «good judicial writing»
The author, an English professor and faculty member of New York University Law School's Seminar for Appellate Judges, argues to judges that good judicial writing is similar to good writing in general because the same rules of organization, style, and composition apply to both.
http://www.legalwritingjournal.org/ Not exact matches
«There is no good cause for further judicial involvement where the court has now heard directly from Redstone that he has lost trust in Herzer, does not want her in his life and instead wants his daughter Shari to look after him as necessary,» the judge wrote in an opinion this morning.
Both sides will benefit, Democrats would get Downstate (which in my humble opinion should be called the Commonwealth of New Amsterdam after the most progressive city in Europe and in reference to the city's history), a guaranteed two seats in the US Senate (+1 because Gillibrand did well Upstate in the last election, so 3 seats for the Democrats), guaranteed control of the Judicial, Legislative, and Executive branches, and the once in a lifetime opportunity to write a state constitution to their own liking (firearms rights applies only to military and police, right to choose for women, protections for LGBT New Yorkers, etc)
Presented in six question, this assessmen include both multiple choice responses as well as a written component.It covers topics of the executive branch, legislative branch, judicial branch and some of the sub-categories within.
Why has every well - written breed - specific law been upheld after judicial scrutiny?
(a) an electronic or physical signature of the person authorized to act on your behalf; (b) a description of the material that has been removed or to which access has been disabled and where the material was located online before it was removed or access to it was disabled; (c) a written statement by you that under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and (d) your address, telephone number, and email address; and (e) a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under DMCA 512 subsection (c)(1)(c) or an agent of such person.
Every legal researcher has come across the phrase in a judicial opinion, «It is well settled that...,» or, «It is axiomatic that...» In 2014, I wrote about a prototype legal research website that mined opinions for instances of these phrases and made them searchable as a way of helping researchers find statements of -LSB-...]
This article is a good choice for judicial opinion writing courses and seminars.
While the goals of LA&W are similar to those of legal writing classes taught at many schools — to teach students to understand, analyze, and apply legal authority and to communicate the results of that analysis in writing — the course also contains some components that are influenced by its Legal Methods roots, as well as some that may or may not be taught in a first - semester civil procedure class: a focus on judicial methods, an introduction to legal institutions and processes, and instruction on the anatomy of a civil law suit, the timeline of a civil case, and the link between procedural and substantive law.30 The full set of course goals was outlined in the 2000 Report and has remained unchanged:
In addition to training externs and clerks, an upper - level class in judicial opinion writing provides an opportunity for students to hone their skills in writing for a particular audience, structuring and organizing, analyzing, and using rhetorical devices introduced during the first - year writing course through a different type of document.6 Such a course can cause students to look at the legal process from a different perspective and to become better critical readers and users of opinions by writing them.7 Thus, other goals of a judicial opinion writing course can include learning about the audiences of judicial opinions and the perspective judges bring to their opinion writing.
This would be a good addition for training externs and clerks in a judicial opinion writing course.
Though appointed judges write higher - quality opinions, according to the study, elected judges write many more, and thus, the professors attributed the difference in quality to volume (I would also argue that very generally, federal practice attracts more complex cases and a slightly higher quality of lawyer, which also contributes to the quality of the decision since in many cases, a judicial decision is only as good as the briefs on which it is based).
I wrote in July about WellSettled.com, a site that mines judicial opinions for those parenthetical - style statements and phrases that summarize a case («it is well settled that...»).
Ever since early nineties, starting with the well - known article by Jacqué and Weiler, much has been written on the various solutions, more radical suggestions for reform of the «judicial architecture» included.
The Canadian Judicial Council will now consider the committee's report and recommendation as well as offer Camp the opportunity to make written submissions for them to consider as well.
11 Of course, even without evidence that good writing is positively associated with favorable outcomes, lawyers have other important reasons to write well, such as preserving one's professional reputation, conserving judicial resources, and promoting the image of the profession.
Next, Lisa Solomon, Esq. discussed how judicial writing guides can help lawyers become better brief writers.
Ross is also the author of Point Taken: How to Write Like the World's Greatest Judges, which Court Review called «the best book... by far... about judicial writing.»
How Judicial Writing Guides Can Help Lawyers Become Better Writers Thursday, June 9, 2005, 12:30 — 2:00 p.m. 42 W. 44th Street, New York, New York
Some solutions proposed are: rationing of judicial time for example by assigning a fixed number of motions to each proceeding; charging higher filing fees for additional motions; penalizing obstructionist conduct through multiples of indemnification costs; awarding priority dates to well - run litigation; more motions in writing; higher filing costs for longer hearings; more aggressive use by the Bench of rules that permit judges to control the court process such as time limits for evidence in chief and cross, and some outsourcing of judicative functions.
Recognizing good and bad legal writing, which includes showing them legal writing other than appellate judicial opinions;
The best advice, however, from Mailhot and Carnwath (both judges) in Chapter 8 of their book Decisions, Decisions... a Handbook for Judicial Writing (Yvon Blais, 1998), is for judges to use humour only cautiously: «Judicial humour is neither judicial nor humorous» and that litigants «don't want to be the butt of ridicule or to be the target of scorn, sarcasm, or satire» (Judicial Writing (Yvon Blais, 1998), is for judges to use humour only cautiously: «Judicial humour is neither judicial nor humorous» and that litigants «don't want to be the butt of ridicule or to be the target of scorn, sarcasm, or satire» (Judicial humour is neither judicial nor humorous» and that litigants «don't want to be the butt of ridicule or to be the target of scorn, sarcasm, or satire» (judicial nor humorous» and that litigants «don't want to be the butt of ridicule or to be the target of scorn, sarcasm, or satire» (p. 111).
The chief justice wrote of LeBel and Deschamps: «Their reasoning, with respect, substitutes a judicial view of what is good and what is bad for the wisdom of Parliament....
(b) Collaborative law is a procedure in which the parties and their counsel agree in writing to use their best efforts and make a good faith attempt to resolve their dissolution of marriage dispute on an agreed basis without resorting to judicial intervention except to have the court approve the settlement agreement, make the legal pronouncements, and sign the orders required by law to effectuate the agreement of the parties as the court determines appropriate.
Collaborative Divorce is a procedure in which the parties and their counsel agree in writing to use their best efforts and make a good faith attempt to resolve their dissolution of marriage disputes on an agreed basis without resorting to judicial intervention except to have the court approve the settlement agreement, make the legal pronouncements, and sign the orders required by law to effectuate the agreement of the parties as the court determines appropriate.
He brings experience researching and writing judicial opinions as well as representing our clients both inside and outside central Ohio.
Professor Schepard has written many articles about divorce, child custody law, procedure and mediation of child custody disputes, as well as other aspects of judicial administration.