Wiener, Frederick Bernays. Briefing and Arguing Federal Appeals. Washington, D.C.: BNA Incorporated, 1961. xvi, 506 pp. Reprinted 2001, 2009 by The Lawbook Exchange, Ltd. With a New Introduction by Bryan A. Garner, President, LawProse, Inc. ISBN-13: 9781584771838. ISBN-10: 1584771836. Hardcover with dust jacket. Front corner bumped, page edges lightly soiled. Else fine. $35. * This book tells how to brief and how to argue a Federal case on appeal. Its primary purpose is to explain to the lawyer how to best persuade a Federal appellate court to decide a case in his favor. It is neither a practice manual nor a text of Federal appellate procedure, being written on the assumption that all the procedural steps necessary to perfect the appeal have been or will be timely taken. Consequently this book deals with problems that are common to appeals in whatever Federal court they may be presented. Many of the principles defined and discussed herein are applicable also to the argument, oral and written, of questions of fact and law presented and heard in Federal trial courts. The task of presenting facts and law effectively, the psychology of persuasion, the requirements of candor and accuracy-these are matters common to forensic effort in every courtroom, at every state of a litigated proceeding. In addition to its discussion of appellate advocacy and a description of procedure in the federal appellate courts (Supreme Court, U.S. Court of Appeals, and specialized federal courts), it provides valuable guidelines for writing briefs and appeals and the preparing oral arguments. Among other lessons, it teaches ways to think before writing, state facts and phrase issues persuasively, use argumentative headings, employ clear, forceful English, handle questions in oral argument, use maps and charts effectively and prevent "forensic halitosis." "To get into court and to maintain your right to be there is the object of all pleading and is as important in an appellate court as in a trial court (...) This book is a guide to handling of cases on appeal in the Federal courts by one who is eminently qualified to instruct and direct in this field." --from the foreword by Sherman Minton, Associate Justice, U.S. Supreme Court "Anyone familiar with Mr. Wiener's reput.
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