Practicing Persuasive Written and Oral Advocacy: Case File IV
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Prepared by the authors of Persuasive Written and Oral Advocacy, Case File IV offers a complete set of court documents to supplement any persuasive legal writing, pre-trial practice, appellate advocacy, or moot court class. The case files are sophisticated, realistic litigation problems, designed to allow users a great deal of flexibility in their courses. It is carefully designed to help students put into practice the principles advocated throughout the aforementioned text, but can also be used to supplement any appellate advocacy book.
Case File IV spotlights a variety of great features, including:
Pre-trial motions and depositions, trial transcripts, and reaching the judicial opinion
A basis for written and oral exercises, one or more memoranda and oral arguments before the district court, and briefs and oral arguments before the court of appeals
A central legal issue around which the text is grounded, specifically the constitutionality of a state statute that forbids the adoption of children by couples of the same sex
Subordinate issues, including a federal court's "supplemental" jurisdiction over a claim governed entirely by state law, the standards for admissibility of expert testimony based on social science studies of adoptive children, and a state's waiver of immunity from suit under the Eleventh Amendment
An accompanying Teacher's Manual:
describes various assignments that professors might give as an advocacy unit in a larger course, in a short course in appellate advocacy, or in a longer course in pretrial and appellate advocacy
contains a "bench memorandum," analyzing the various legal issues for the benefit of those evaluating student work
reproduces orders and opinions by the trial court to be released to students at appropriate times during the litigation
Table of Contents
(August 13, YR-01) Petition For Adoption (Chancery Court, Van Buren County)
(August 22, YR-01) Referral for Investigation and Stay of Proceedings
(March 1, YR-00) Report of the Mississippi Department of Human Services
(June 29, YR-00) Denial of Petition for Adoption (Chancery Court, Van Buren County)
(July 24, YR-00) Complaint (U.S. District Court Middle District Mississippi)
(August 1, YR-00) Motion to Dismiss Count III of the Complaint for Lack of Subject Matter Jurisdiction
(September 2, YR-00) Motion to Dismiss Counts I and II of the Complaint for Failure to State a Claim
(October 3, YR-00) Defendants’ Answer to the Complaint
(October 14, YR-00) Defendants’ Motion for Summary Judgment
(October 14, YR-00) Declaration of Arvid K. Tolak, Ph.D. in Support of Defendants’ Motion for Summary Judgment
(October 21, YR-00) Declaration of Muriel Estrada Gomez, M.D., Ph.D. in Opposition to Defendants’ Motion for Summary Judgment
(December 5, YR-00) Notice of Appeal by Plaintiffs
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|Author||Miller, Moylan, Harris|
|Edition||1st ed., 2009|