How to Think Like a Lawyer--and Why

How to Think Like a Lawyer--and Why PDF Author: Kim Wehle
Publisher: HarperCollins
ISBN: 0063067579
Category : Business & Economics
Languages : en
Pages : 208

Book Description
A law professor and author teaches non-attorneys how to think like a lawyer to gain advantage in their lives—whether buying a house, negotiating a salary, or choosing the right healthcare. Lawyers aren’t like other people. They often argue points that are best left alone or look for mistakes in menus “just because.” While their scrupulous attention to detail may be annoying, it can also be a valuable skill. Do you need to make health care decisions for an aging parent but are unsure where to start? Are you at crossroads in your career and don’t know how to move forward? Have you ever been on a jury trying to understand confusing legal instructions? How to Think Like a Lawyer has the answers to help you cut through the confusion and gain an advantage in your everyday life. Kim Wehle identifies the details you need to pay attention to, the questions you should ask, the responses you should anticipate, and the pitfalls you can avoid. Topics include: Selling and buying a home Understanding employment terms Creating a will and health care proxy Navigating health concerns Applying for financial aid Negotiating a divorce Wehle shows you how to break complex issues down into digestible, easier-to-understand pieces that will enable you to make better decisions in all areas of your life.

Thinking Like a Lawyer

Thinking Like a Lawyer PDF Author: Frederick F. Schauer
Publisher: Harvard University Press
ISBN: 0674032705
Category : Law
Languages : en
Pages : 256

Book Description
This primer on legal reasoning is aimed at law students and upper-level undergraduates. But it is also an original exposition of basic legal concepts that scholars and lawyers will find stimulating. It covers such topics as rules, precedent, authority, analogical reasoning, the common law, statutory interpretation, legal realism, judicial opinions, legal facts, and burden of proof. In addressing the question whether legal reasoning is distinctive, Frederick Schauer emphasizes the formality and rule-dependence of law. When taking the words of a statute seriously, when following a rule even when it does not produce the best result, when treating the fact of a past decision as a reason for making the same decision again, or when relying on authoritative sources, the law embodies values other than simply that of making the best decision for the particular occasion or dispute. In thus pursuing goals of stability, predictability, and constraint on the idiosyncrasies of individual decision-makers, the law employs forms of reasoning that may not be unique to it but are far more dominant in legal decision-making than elsewhere. Schauer’s analysis of what makes legal reasoning special will be a valuable guide for students while also presenting a challenge to a wide range of current academic theories.

Think Like a Lawyer, Don't Act Like One

Think Like a Lawyer, Don't Act Like One PDF Author: Aernoud Bourdrez
Publisher: BIS Publishers
ISBN: 9789063695354
Category : Business & Economics
Languages : en
Pages : 160

Book Description
This book provides strategies to solve conflicts. Co-developed by Harvard University, many lawyers, two kissing boxers, a cowboy, Mikhail Gorbatsjov.

Thinking Like a Lawyer

Thinking Like a Lawyer PDF Author: Kenneth J. Vandevelde
Publisher: Hachette UK
ISBN: 0813345251
Category : Political Science
Languages : en
Pages : 354

Book Description
When Kenneth J. Vandevelde's Thinking Like a Lawyer first published, it became an instant classic, considered by many to be the gold standard introduction to legal reasoning. In this long-awaited second edition, intended for fans of the original and a new generation of lawyers, Vandevelde expands his classic work with useful revisions and updates throughout. Law students, law professors, and lawyers frequently refer to the process of “thinking like a lawyer,” but attempts to analyze in any systematic way what is meant by that phrase are rare. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, plagued by difficult, virtually incomprehensible language, Vandevelde's work is accessible and clearly written. The second edition features new sections on the legislative process—describing step-by-step how legislation is enacted—and the judicial process—describing step-by-step how a case is litigated in court. Other new sections address the significance of dissenting and concurring opinions as well as the role of cognitive bias in factual determinations and on persuading a jury, on burdens of proof, and on presumptions. A new chapter provides contemporary perspectives on legal reasoning, which includes new material on feminist legal theory, critical race theory, and the economics of law. A new appendix is intended for prospective law students, explaining how readers can use the techniques in the book to help them excel in law school. Vandevelde's Thinking Like a Lawyer will help students, lawyers, and lay readers alike gain important insight into a well-developed and valuable way of thinking. Professors and students will find the book useful in almost any introductory law course at the graduate level and in advanced undergraduate courses on law.

Beyond Legal Reasoning: a Critique of Pure Lawyering

Beyond Legal Reasoning: a Critique of Pure Lawyering PDF Author: Jeffrey Lipshaw
Publisher: Routledge
ISBN: 1315410796
Category : Law
Languages : en
Pages : 300

Book Description
The concept of learning to ‘think like a lawyer’ is one of the cornerstones of legal education in the United States and beyond. In this book, Jeffrey Lipshaw provides a critique of the traditional views of ‘thinking like a lawyer’ or ‘pure lawyering’ aimed at lawyers, law professors, and students who want to understand lawyering beyond the traditional warrior metaphor. Drawing on his extensive experience at the intersection of real world law and business issues, Professor Lipshaw presents a sophisticated philosophical argument that the "pure lawyering" of traditional legal education is agnostic to either truth or moral value of outcomes. He demonstrates pure lawyering’s potential both for illusions of certainty and cynical instrumentalism, and the consequences of both when lawyers are called on as dealmakers, policymakers, and counsellors. This book offers an avenue for getting beyond (or unlearning) merely how to think like a lawyer. It combines legal theory, philosophy of knowledge, and doctrine with an appreciation of real-life judgment calls that multi-disciplinary lawyers are called upon to make. The book will be of great interest to scholars of legal education, legal language and reasoning as well as professors who teach both doctrine and thinking and writing skills in the first year law school curriculum; and for anyone who is interested in seeking a perspective on ‘thinking like a lawyer’ beyond the litigation arena.

So You Want to be a Lawyer

So You Want to be a Lawyer PDF Author: Lisa Fairchild Jones
Publisher: Simon and Schuster
ISBN: 151072639X
Category : Law
Languages : en
Pages : 352

Book Description
Completely revised and updated, So You Want to Be a Lawyer takes you through the process of becoming a lawyer, examining each phase in a helpful and easy-to-understand narrative. Find out what practicing law is like before you step into your first law school class. Practice solving legal problems as law students would in law school and lawyers might in an actual courtroom. Find out how to get into law school. And there’s much more: •Advice on how to select a law school, along with names and addresses of American Bar Association (ABA)-approved law schools •An explanation of the law school admissions process, and ways to improve your chances for getting in •Practical exercises and advice that will give you a head start over other first-year law students •Information about career opportunities as a lawyer Written by three experienced lawyers, this book will help you understand the types of problems facing law students and lawyers on a daily basis. Not only will it prepare you for law school, but it will also become your trusted guide on the path to becoming a successful lawyer.

Reading Like a Lawyer

Reading Like a Lawyer PDF Author: Ruth Ann McKinney
Publisher:
ISBN: 9781611631104
Category : Law
Languages : en
Pages : 0

Book Description
Please note that the supplemental materials website has moved to caplaw.com/rll Studies show that the reading skills your students have developed in college may not be enough to ensure their success in law school. Reading law requires professionals to understand the purpose of their reading, to form and express opinions about what they're reading, to apply legal logic, to read with energy, and to adopt sophisticated reading habits that are unique to the study of law. Written for law students, pre-law students, paralegals, and others interested in developing these reading skills, Reading Like a Lawyer teaches each of the following critical legal reading skills: how to read legal casebooks and engage in class, as well as how to use your reading to prepare for exams; how to read published court cases outside of a casebook; how to read legislative material; and how to read online effectively. Based on sound educational research, each chapter includes exercises that challenge students to apply what that chapter has taught. A website accompanies the book and includes additional readings (e.g., on logic) plus opportunities for students to gain confidence by testing their own thoughts against those of the author. For faculty, Reading Like a Lawyer includes a separate teacher's manual and a faculty website with a powerpoint that mirrors the book's principle lessons.

Thinking Like a Lawyer

Thinking Like a Lawyer PDF Author: Sarah E. Redfield
Publisher:
ISBN: 9780890899236
Category : Educational law and legislation
Languages : en
Pages : 0

Book Description

Your Brain and Law School

Your Brain and Law School PDF Author: Marybeth Herald
Publisher:
ISBN: 9781611632262
Category : Cognitive learning
Languages : en
Pages : 0

Book Description
Based on the latest research, this entertaining, practical guide offers law students a formula for success in school, on the bar exam, and as a practicing attorney. Mastering the law, either as a law student or in practice, becomes much easier if one has a working knowledge of the brain's basic habits. Before you can learn to think like a lawyer, you have to have some idea about how the brain thinks. The first part of this book translates the technical research, explaining learning strategies that work for the brain in law school specifically, and calling out other tactics that are useless (though often popular lures for the misinformed). This book is unique in explaining the science behind the advice and will save you from pursuing tempting shortcuts that will take you in the wrong direction. The second part explores the brain's decision-making processes and cognitive biases. These biases affect the ability to persuade, a necessary skill of the successful lawyer. The book talks about the art and science of framing, the seductive lure of the confirmation and egocentric biases, and the egocentricity of the availability bias. This book uses easily recognizable examples from both law and life to illustrate the potential of these biases to draw humans to mistaken judgments. Understanding these biases is critical to becoming a successful attorney and gaining proficiency in fashioning arguments that appeal to the sometimes quirky processing of the human brain. This book is part of the Context and Practice Series, edited by Michael Hunter Schwartz, Professor of Law and Dean of the McGeorge School of Law, University of the Pacific. Your Brain and Law School was a finalist in the Best Published Self-Help and Psychology category of the 2015 San Diego Book Awards
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