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In Logic for Lawyers: A Guide to Clear Legal Thinking, Senior U.S. Circuit Judge Ruggero J. Aldisert tells how to use legal reasoning to persuade judges and juries. You'll gain important insight into the mental processes we use in 'thinking like a lawyer.' Preparing for the Socratic Method Socratic.
'To win in court, you must master the elements of legal logic - the ultimate tool of persuasion in the courtroom.' In Logic for Lawyers: A Guide to Clear Legal Thinking, Senior U.S. Circuit Judge Ruggero J. Aldisert tells how to use legal reasoning to persuade judges and juries. A 30-year veteran of the bench, Aldisert helps litigators understand and apply the elements of legal logic. Using these skills, you can argue more persuasively - both in briefs and before the court.
And just as critically, you can also expose flaws in adversaries' arguments. A competitive edge in the courtroom.
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Rather than miring readers in exotic formulas and theories often found in logic texts, Aldisert explains in broad strokes the basics of logic and its application to legal thinking. You'll gain important insight into the mental processes we use in 'thinking like a lawyer.' Reviews 'This is a book about legal reasoning or legal logic. While not challenging Justice Holmes' classic statement, 'The life of the law has not been logic; it has been experience,' it offers telling arguments that legal reasoning, or legal logic, may plan an equal or even more significant role in the life of the law. All judges, lawyers, and law students will greatly profit by reading it.' Brennan, Jr., U.S. Supreme Court Justice (Ret.) ' Logic for Lawyers is the product of a keen mind that has benefited from opportunities to engage in and examine legal thinking from a variety of perspectives.
This volume fills a surprising void in the current legal literature. Its publication should be particularly welcomed by law students and those who teach them.' Nordenberg, Chancellor and Professor of Law, University of Pittsburgh.
Aldisert, a prominent author and teacher, has been a U.S. Circuit Judge for 35 years and continues to sit frequently with the Third Circuit and, by designation, with other U.S. Courts of Appeals. Judge Aldisert was an adjunct professor at the University of Pittsburgh Law School for 20 years and was a longtime seminar leader for newly selected U.S. Circuit Judges and State Supreme Court Justices. He has been a visiting professor at Arizona State University, New York University, the University of Texas, the University of Virginia, and Augsburg University in Germany.
Prior to being elected a judge for the Court of Common Pleas of Allegheny County, Pa., he practiced law from 1947 to 1961, following service during World War II, where he attained the rank of U.S. Marine Corps major. His books include Logic for Lawyers: A Guide to Clear Legal Thinking (NITA 1997), a guide to using legal reasoning to persuade judges and juries; Winning on Appeal: Better Briefs and Oral Argument (Second Edition, NITA, 2003), one of the best texts available on the practical aspects of presenting an appeal; the leading treatise, The Judicial Process (1996), now in its second edition; and the leading text on opinion writing for judges, Opinion Writing (1990). Table of Contents Foreword Preface Excerpts of First Edition Preface Chapter 1—INTRODUCTION Chapter 2—REASONING AND THE COMMON-LAW TRADITION Precedent The Role of Logic Critical Importance of Value Judgments A Pause to Recapitulate: An Intermezzo Chapter 3—ELEMENTS OF LEGAL THINKING Reflective Thinking The Language of Logic Beliefs Reasonable, Reasoning, Reasons Conclusion Testing. A Lagniappe Chapter 4—INTRODUCTION TO DEDUCTIVE AND INDUCTIVE REASONING Deductive Reasoning Inductive Reasoning Inductive Generalization Analogy Chapter 5—DEDUCTIVE REASONING Categorical Syllogism Enthymemes Evaluating a Proposed Inference Polysyllogisms Value Judgments—Choice of Premises Premises: Validity and Soundness Rules of the Categorical Syllogism A Mission: Locate Syllogisms in the Following Cases Chapter 6—INDUCTIVE REASONING Inductive Generalization Analogy Understanding Inductive Reasoning A Fable for Our Time Chapter 7—THE PARADIGMATIC COMMON-LAW CASE Dorset Yacht Co.
Home Office An Analysis of Lord Diplock's Premises Lord Diplock's Method of Analogy Lord Diplock's Conclusion Chapter 8—THE SOCRATIC METHOD Preparing for the Socratic Method Socratic Dialogue (Law School Style) Chapter 9—INTRODUCTION TO FALLACIES State v. Moore Hashimoto v.
Dalton County of Tulare v. Campbell Jones v.