This is a presentation given at the Law, Language and Communication conference organized by the Centre for Research in Language and Law (Naples 2) and held in Caserta in May 2016.
Learning the Language of the Law, 2016: Promoting effective legal communicationcahafner
A conference presentation given at the 'Legal English in Hong Kong' Symposium: 'Learning the language of the law: An interdisciplinary symposium for legal and language practioners' held on Dec 2, 2016
CUHK 2016 An interdisciplinary project to develop a digital multimedia resour...cahafner
This is a presentation given at the Conference on Teaching and Learning in Law held at the Chinese University of Hong Kong's Faculty of Law in June 2016
This document provides guidance for conducting mock trials for law students. It explains that mock trials are simulated exercises that train potential lawyers in trial advocacy skills. Various types of mock trials are described, including criminal, civil, tribunal and arbitration cases. The document outlines how to plan a mock trial competition between student teams, including developing a simple case plot, assigning roles, setting time limits, and establishing evaluation criteria. Procedures for conducting the mock trial are also specified, such as administering oaths to witnesses, permissible types of questions, and rules for objections. The goal is to give students practical experience in trial skills through participating in simulated court proceedings.
'Powerful' and 'powerless' language in oral advocacy at law schoolcahafner
A presentation given at IPra 2019 - the biennial meeting of the International Pragmatics Association - held at the Polytechnic University of Hong Kong.
This document outlines the key aspects of organizing and participating in a moot court competition. It covers:
1. The importance of moot court for developing lawyering skills like issue identification, legal research, and persuasive oral advocacy.
2. Tools for excellence in moot court, including treating it as representing a client rather than "winning," having a positive mindset, and developing public speaking abilities.
3. The typical practice and procedure of moot court, from receiving the problem to investigating facts, researching law, and preparing oral submissions.
4. Guidance on how to effectively analyze and understand the legal problem presented.
5. Tips for an effective oral submission, including practicing extensively and understanding court
The document provides information about the 33rd Annual Ohio High School Mock Trial Competition. It summarizes the goals of the mock trial program, which aims to educate students about the legal system and build skills like critical thinking. Each year, volunteer attorneys write an original case involving a constitutional issue. The case this year involves a police officer who shot a student with a toy bow and arrow. The trial will focus solely on the officer's affirmative defense of justified use of force. The document outlines the procedures, scoring guidelines, and roles for the competition.
Learning the Language of the Law, 2016: Promoting effective legal communicationcahafner
A conference presentation given at the 'Legal English in Hong Kong' Symposium: 'Learning the language of the law: An interdisciplinary symposium for legal and language practioners' held on Dec 2, 2016
CUHK 2016 An interdisciplinary project to develop a digital multimedia resour...cahafner
This is a presentation given at the Conference on Teaching and Learning in Law held at the Chinese University of Hong Kong's Faculty of Law in June 2016
This document provides guidance for conducting mock trials for law students. It explains that mock trials are simulated exercises that train potential lawyers in trial advocacy skills. Various types of mock trials are described, including criminal, civil, tribunal and arbitration cases. The document outlines how to plan a mock trial competition between student teams, including developing a simple case plot, assigning roles, setting time limits, and establishing evaluation criteria. Procedures for conducting the mock trial are also specified, such as administering oaths to witnesses, permissible types of questions, and rules for objections. The goal is to give students practical experience in trial skills through participating in simulated court proceedings.
'Powerful' and 'powerless' language in oral advocacy at law schoolcahafner
A presentation given at IPra 2019 - the biennial meeting of the International Pragmatics Association - held at the Polytechnic University of Hong Kong.
This document outlines the key aspects of organizing and participating in a moot court competition. It covers:
1. The importance of moot court for developing lawyering skills like issue identification, legal research, and persuasive oral advocacy.
2. Tools for excellence in moot court, including treating it as representing a client rather than "winning," having a positive mindset, and developing public speaking abilities.
3. The typical practice and procedure of moot court, from receiving the problem to investigating facts, researching law, and preparing oral submissions.
4. Guidance on how to effectively analyze and understand the legal problem presented.
5. Tips for an effective oral submission, including practicing extensively and understanding court
The document provides information about the 33rd Annual Ohio High School Mock Trial Competition. It summarizes the goals of the mock trial program, which aims to educate students about the legal system and build skills like critical thinking. Each year, volunteer attorneys write an original case involving a constitutional issue. The case this year involves a police officer who shot a student with a toy bow and arrow. The trial will focus solely on the officer's affirmative defense of justified use of force. The document outlines the procedures, scoring guidelines, and roles for the competition.
This presentation was part of a workshop carried out in Department of Law & Justice in Jahangirnagar University where law students were briefed on the basics of moot court related activities.
This document provides guidance on how to write a legal submission and present it in court. It recommends researching the topic using materials like lecture notes, textbooks, and legal databases. The submission should have an introduction informing the judge what will be discussed, paragraphs explaining and informing on key points, and a conclusion summarizing the main point and what is being asked of the court. When presenting, introductions should identify counsel and their role, the submission should be structured in two clear parts with signposting, relevant cases should be properly referenced, persuasive language and clarity of speech are important, and judges should be watched for cues. Useful phrases for submissions and responses to judges are also provided.
A moot court simulation provides students insight into legal proceedings and courtroom conduct. Participants must follow strict norms for attire, behavior, and addressing the judge. Oralists and researchers must be respectful and avoid interruptions. Researchers assist oralists by swiftly passing relevant notes and materials, without interrupting counsel. All participants must stand and bow when the judge enters or leaves to demonstrate proper courtroom manners and respect for judicial proceedings.
This document outlines classroom guidelines for learners at the School of Continuing Education (SCE) at the American University in Cairo. It details policies on attendance, punctuality, grading, and how final grades are determined and posted. The key points are:
- Learners must attend at least 75% of class sessions or they will fail the course.
- Learners are expected to arrive on time and any tardiness beyond twice will count as absences.
- Grades are based on continual assessments, a final exam, and end-of-term achievement tests. Final grades are posted by student ID number, not name.
Six Golden Rules for Excellent Comprehension
1. Analyze the Non Verbals
2. Gain an overview
3. Understand Purpose, like,
Were they trying to describe something?
Were they writing an informative text?
Were they explaining something?
Are they writing instructions?
Are they trying to persuade you to a point of view?
4. Decide on your response
5. High Comprehension Reading, which includes
make notes
draw pictures of the information, eg mind maps
highlight key words
This document discusses principles and methods of translation. It begins with Catford's definition of translation as replacing textual material in one language with equivalent material in another. It discusses issues like translation equivalence, types of translation like semantic and communicative translation, and structural elements like situational features, semantic structure, and levels of word meaning. It also examines sentence structure in English and implications for translation, including theme, subject types, and notions of structure across languages. Finally, it briefly discusses language varieties such as dialects, registers, styles, and modes that impact translation.
This work is done in order to know the different strategies we have when translating texts in this case a paragraph that we chose and our reflection at the moment of translating and we will give a description and examples of strategy, technique and method.
The document provides information about an experiment to test the hypothesis that language influences thought. The experiment involves testing whether using agentive or non-agentive language to describe an incident like the Janet Jackson wardrobe malfunction affects how people assign blame. Students are instructed to design a similar scenario involving an incident and different linguistic descriptions to test how it influences perceived blame. They are then asked to write an official report analyzing the findings of their experiment.
In this presentation we will see the different paragraphs we have chosen and the reflection of each one of us about our experience of being able to translate and we will give some examples about the method, strategy and technique
Skills Required To Become a Professional TranslatorHSS Translation
Being a professional translator is not easy as we think. Professional translators are those who have enormous experience in written communication from converting one language to another language.
This document discusses the creation and use of classroom assessments. It examines a teacher-created summative assessment, formative assessment, and performance task. The summative assessment contains multiple choice questions about the US government. The formative assessment asks students to describe and compare government branches. The performance task requires students to create a children's book explaining the roles and powers of each branch with current examples. Proper assessment creation and use provides valuable feedback to improve instruction and ensure student mastery.
In this PowerPoint presentation you can find a summary of the ideas presented in the Chapter 12 of Testing for Language Teachers by Arthur Hughes. This chapter is devoted to different key aspects about testing listening. These ideas are also combined at the end of the presentation with other supplementary ideas from the British Council and a PPT created by Kia Karavas.
Dictation involves one person speaking while another writes down what is said. It is used to test language skills. Effective dictation requires preparation from the speaker, clear enunciation, and careful transcription. The speaker should outline their message, spell tricky words, dictate punctuation, and speak at a normal pace. This allows the writer to accurately capture the intended written communication. Poor dictation habits can cause errors and inefficiencies, while clear dictation saves time and builds goodwill for an organization.
English Language - Spoken Interaction Part 2Goh Bang Rui
Link to part 1 of Spoken interaction
https://www.youtube.com/watch?v=H1RbChWPd58
Subscribe to my channel for more upcoming education videos.
bit.ly/gohbangrui
These slides are used to explain the idea of part 2 of Spoken Interaction of oral examination for O Level English Language Examination in Singapore. Students are introduced to the concept of Spoken Interaction which consists of 20 marks or 67% of the Oral Examination. Students are expected to carry out a conversation based on the given picture after given 10 minutes to practise reading as well as using the picture as stimulus. They are then expected to answer given prompts and provide well-developed responses related to the theme given in the picture.
The video is divided into three sections.
1. Introduction
2. Why conversations break down (02:55)
3. 10 tips from examiners (09:48)
4. Practices (13:30)
If you have any feedback, please comment and like it if you find it useful.
Subscribe to my Youtube channel if you like what you are watching.
Thank you
Ssw presents introduction to business writing skills moduleSoft Skills World
This document provides an overview of a 6-lesson introduction to business writing course. Lesson 1 introduces the module objectives of meeting reader needs, using structure and language effectively, and avoiding unnecessary risk. Lesson 2 discusses what makes good business writing by comparing writing samples and reviewing client feedback. Lesson 3 focuses on identifying different reader types and their needs. Lesson 4 teaches using structure effectively with a focus on paragraphs. Lesson 5 covers grammar, style, and corporate writing standards. Lesson 6 teaches using language clearly and effectively. The lessons include objectives, activities, and summaries to reinforce key points about business writing.
A breakdown presentation of Half A Day by Naguib Mahfouz. It includes a brief profile of Naguib Mahfouz, a summary of the short story and my own explanation.
Introduction to Business English - Day 1Luke Stapley
This document provides an introduction and overview for a business English course. It outlines the instructor's contact information and qualifications. It discusses what business English entails, including skills like meetings, negotiations, and email correspondence. It differentiates between everyday social language skills and more advanced cognitive language skills required for business. The document outlines course assignments, participation expectations, and topics that will be covered like abstract thinking, commands, and workplace vocabulary. It solicits feedback from students on what they most want to learn and concludes by identifying the primary textbook.
This document provides an overview of good communication skills and business writing. It discusses five main methods of communication - written, spoken, symbolic gestures, visual images, and multimedia. It then covers various aspects of business writing like business letters, memos, reports, notices, and sales letters. Key tips are provided for writing clearly, concisely, courteously, completely and correctly. The document also discusses grammar, punctuation, and strategies for effective planning and structuring of business documents.
The document provides examples of language for different conversational situations in English, including asking for and providing information, asking questions, expressing cause and effect, contrasting ideas, giving instructions, making suggestions, offering help, and stating preferences. Key phrases and sentence structures are given for initiating, maintaining, and concluding conversations.
This document provides tips for effective business writing. It discusses 1) knowing your reader by understanding their demographics, knowledge level, and interests, 2) having a clear purpose and writing from the reader's perspective, and 3) using techniques like active voice, visuals, white space and strong openings and conclusions to engage the reader. The overall message is that business writing should be clear, concise, and focus on benefits to the reader in order to inform, persuade and compel action.
Effective business writing requires focusing on the reader, using a clear organizational structure and concise writing style, and paying attention to grammar, tone, and visual presentation. The document provides tips for strong business writing, including following a six-step writing process, using plain English and active language, and ensuring correct grammar, spelling, punctuation, tone, and formatting.
The document provides guidance on drafting the discussion section of a legal memorandum. It discusses organizing the discussion around the key issues, using CREAC structure with introductory and thesis paragraphs. It emphasizes explaining the applicable law through precedent cases before analyzing how the law applies to the client's facts. Counterarguments should also be addressed.
This presentation was part of a workshop carried out in Department of Law & Justice in Jahangirnagar University where law students were briefed on the basics of moot court related activities.
This document provides guidance on how to write a legal submission and present it in court. It recommends researching the topic using materials like lecture notes, textbooks, and legal databases. The submission should have an introduction informing the judge what will be discussed, paragraphs explaining and informing on key points, and a conclusion summarizing the main point and what is being asked of the court. When presenting, introductions should identify counsel and their role, the submission should be structured in two clear parts with signposting, relevant cases should be properly referenced, persuasive language and clarity of speech are important, and judges should be watched for cues. Useful phrases for submissions and responses to judges are also provided.
A moot court simulation provides students insight into legal proceedings and courtroom conduct. Participants must follow strict norms for attire, behavior, and addressing the judge. Oralists and researchers must be respectful and avoid interruptions. Researchers assist oralists by swiftly passing relevant notes and materials, without interrupting counsel. All participants must stand and bow when the judge enters or leaves to demonstrate proper courtroom manners and respect for judicial proceedings.
This document outlines classroom guidelines for learners at the School of Continuing Education (SCE) at the American University in Cairo. It details policies on attendance, punctuality, grading, and how final grades are determined and posted. The key points are:
- Learners must attend at least 75% of class sessions or they will fail the course.
- Learners are expected to arrive on time and any tardiness beyond twice will count as absences.
- Grades are based on continual assessments, a final exam, and end-of-term achievement tests. Final grades are posted by student ID number, not name.
Six Golden Rules for Excellent Comprehension
1. Analyze the Non Verbals
2. Gain an overview
3. Understand Purpose, like,
Were they trying to describe something?
Were they writing an informative text?
Were they explaining something?
Are they writing instructions?
Are they trying to persuade you to a point of view?
4. Decide on your response
5. High Comprehension Reading, which includes
make notes
draw pictures of the information, eg mind maps
highlight key words
This document discusses principles and methods of translation. It begins with Catford's definition of translation as replacing textual material in one language with equivalent material in another. It discusses issues like translation equivalence, types of translation like semantic and communicative translation, and structural elements like situational features, semantic structure, and levels of word meaning. It also examines sentence structure in English and implications for translation, including theme, subject types, and notions of structure across languages. Finally, it briefly discusses language varieties such as dialects, registers, styles, and modes that impact translation.
This work is done in order to know the different strategies we have when translating texts in this case a paragraph that we chose and our reflection at the moment of translating and we will give a description and examples of strategy, technique and method.
The document provides information about an experiment to test the hypothesis that language influences thought. The experiment involves testing whether using agentive or non-agentive language to describe an incident like the Janet Jackson wardrobe malfunction affects how people assign blame. Students are instructed to design a similar scenario involving an incident and different linguistic descriptions to test how it influences perceived blame. They are then asked to write an official report analyzing the findings of their experiment.
In this presentation we will see the different paragraphs we have chosen and the reflection of each one of us about our experience of being able to translate and we will give some examples about the method, strategy and technique
Skills Required To Become a Professional TranslatorHSS Translation
Being a professional translator is not easy as we think. Professional translators are those who have enormous experience in written communication from converting one language to another language.
This document discusses the creation and use of classroom assessments. It examines a teacher-created summative assessment, formative assessment, and performance task. The summative assessment contains multiple choice questions about the US government. The formative assessment asks students to describe and compare government branches. The performance task requires students to create a children's book explaining the roles and powers of each branch with current examples. Proper assessment creation and use provides valuable feedback to improve instruction and ensure student mastery.
In this PowerPoint presentation you can find a summary of the ideas presented in the Chapter 12 of Testing for Language Teachers by Arthur Hughes. This chapter is devoted to different key aspects about testing listening. These ideas are also combined at the end of the presentation with other supplementary ideas from the British Council and a PPT created by Kia Karavas.
Dictation involves one person speaking while another writes down what is said. It is used to test language skills. Effective dictation requires preparation from the speaker, clear enunciation, and careful transcription. The speaker should outline their message, spell tricky words, dictate punctuation, and speak at a normal pace. This allows the writer to accurately capture the intended written communication. Poor dictation habits can cause errors and inefficiencies, while clear dictation saves time and builds goodwill for an organization.
English Language - Spoken Interaction Part 2Goh Bang Rui
Link to part 1 of Spoken interaction
https://www.youtube.com/watch?v=H1RbChWPd58
Subscribe to my channel for more upcoming education videos.
bit.ly/gohbangrui
These slides are used to explain the idea of part 2 of Spoken Interaction of oral examination for O Level English Language Examination in Singapore. Students are introduced to the concept of Spoken Interaction which consists of 20 marks or 67% of the Oral Examination. Students are expected to carry out a conversation based on the given picture after given 10 minutes to practise reading as well as using the picture as stimulus. They are then expected to answer given prompts and provide well-developed responses related to the theme given in the picture.
The video is divided into three sections.
1. Introduction
2. Why conversations break down (02:55)
3. 10 tips from examiners (09:48)
4. Practices (13:30)
If you have any feedback, please comment and like it if you find it useful.
Subscribe to my Youtube channel if you like what you are watching.
Thank you
Ssw presents introduction to business writing skills moduleSoft Skills World
This document provides an overview of a 6-lesson introduction to business writing course. Lesson 1 introduces the module objectives of meeting reader needs, using structure and language effectively, and avoiding unnecessary risk. Lesson 2 discusses what makes good business writing by comparing writing samples and reviewing client feedback. Lesson 3 focuses on identifying different reader types and their needs. Lesson 4 teaches using structure effectively with a focus on paragraphs. Lesson 5 covers grammar, style, and corporate writing standards. Lesson 6 teaches using language clearly and effectively. The lessons include objectives, activities, and summaries to reinforce key points about business writing.
A breakdown presentation of Half A Day by Naguib Mahfouz. It includes a brief profile of Naguib Mahfouz, a summary of the short story and my own explanation.
Introduction to Business English - Day 1Luke Stapley
This document provides an introduction and overview for a business English course. It outlines the instructor's contact information and qualifications. It discusses what business English entails, including skills like meetings, negotiations, and email correspondence. It differentiates between everyday social language skills and more advanced cognitive language skills required for business. The document outlines course assignments, participation expectations, and topics that will be covered like abstract thinking, commands, and workplace vocabulary. It solicits feedback from students on what they most want to learn and concludes by identifying the primary textbook.
This document provides an overview of good communication skills and business writing. It discusses five main methods of communication - written, spoken, symbolic gestures, visual images, and multimedia. It then covers various aspects of business writing like business letters, memos, reports, notices, and sales letters. Key tips are provided for writing clearly, concisely, courteously, completely and correctly. The document also discusses grammar, punctuation, and strategies for effective planning and structuring of business documents.
The document provides examples of language for different conversational situations in English, including asking for and providing information, asking questions, expressing cause and effect, contrasting ideas, giving instructions, making suggestions, offering help, and stating preferences. Key phrases and sentence structures are given for initiating, maintaining, and concluding conversations.
This document provides tips for effective business writing. It discusses 1) knowing your reader by understanding their demographics, knowledge level, and interests, 2) having a clear purpose and writing from the reader's perspective, and 3) using techniques like active voice, visuals, white space and strong openings and conclusions to engage the reader. The overall message is that business writing should be clear, concise, and focus on benefits to the reader in order to inform, persuade and compel action.
Effective business writing requires focusing on the reader, using a clear organizational structure and concise writing style, and paying attention to grammar, tone, and visual presentation. The document provides tips for strong business writing, including following a six-step writing process, using plain English and active language, and ensuring correct grammar, spelling, punctuation, tone, and formatting.
The document provides guidance on drafting the discussion section of a legal memorandum. It discusses organizing the discussion around the key issues, using CREAC structure with introductory and thesis paragraphs. It emphasizes explaining the applicable law through precedent cases before analyzing how the law applies to the client's facts. Counterarguments should also be addressed.
The document provides tips for writing summary judgment motions, including:
- Structure the motion with an introduction stating the conclusion, facts, and legal standard sections.
- Organize the argument section around the elements of the cause of action and use IRAC (Issue, Rule, Analysis, Conclusion) structure.
- Thoroughly analyze the facts in light most favorable to the client and cite to key cases and rules.
- Conclude by restating why relief should be granted and what relief is requested.
This document outlines the syllabus for a legal language course. It covers 5 units: commonly used legal terms in Urdu, Hindi, Latin and English with their meanings and uses; legal maxims and phrases; paragraph and precise writing of legal texts; writing moot court memorials; and translating case laws between Hindi and English. The first unit provides over 50 legal terms from Urdu and their English meanings and examples of use in legal contexts. It also covers 25 commonly used Latin terms in courts, explaining their meanings and providing examples.
Drafting, Pleadings and Appearances Before NATIONAL COMPANY LAW TRIBUNAL AND APPELLATE TRIBUNAL
Session taken at Bareilly Chapter of NIRC of ICSI.
In case of any query, feel comfortable to contact.
Discussions will lead to enhancement of Knowledge.
The document provides information about guest talks on moot courts that were presented by final year law students. It discusses the essential components of setting up a moot court, including having a moot court society, petitioners, respondents, and judges. It outlines the procedure for a moot court, including opening arguments, detailed arguments, and concluding arguments. It emphasizes the importance of lateral thinking, research, case analysis, and court etiquette. The document concludes by noting that moot courts can enhance legal skills and provide benefits beyond law school.
Judicial OpinionsOverview After the simulation, justices writ.docxSusanaFurman449
Judicial Opinions
Overview: After the simulation, justices write judicial opinions in reaction to the oral argument, merits briefs, conference, and draft opinions as well as the facts of the case, Constitution, and case law. Justices circulate drafts so they know how their colleagues plan to rule and why, and so they can respond to one another in their final judicial opinion draft.
Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions).
Opinions should contain the following five elements, in the following order:
1. an introductory statement of the nature, procedural posture, and prior result of the case;
2. a statement of the issues to be decided;
3. a statement of the material facts;
4. a discussion of the governing legal principles and resolution of the issues; and
5. the disposition and necessary instructions.
Each of these is developed further below.
Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy.
Introduction
The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following:
1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.)
2. The procedural and jurisdictional status: relevant prior proceedings, and how the case got before the court should be outlined.
Statement of issues
The statement of issues is the cornerstone of the opinion; how the issues are formulated determines which facts are material and what legal principles govern. Judges should not be bound by the attorneys’.
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This document outlines a lesson plan on interpreting statutes and identifying Parliament's intention. It discusses different rules judges use, such as the literal rule, golden rule, and purposive approach. It provides examples of these rules from case law. The document also discusses intrinsic and extrinsic aids that judges use to interpret statutes, such as legislative history from Hansard. Overall, the document aims to teach learners about the various techniques and considerations involved in statutory interpretation.
The document provides guidance on service charge disputes handled by the First-tier Tribunal Property Chamber. It outlines the tribunal process, including how to submit an application, case preparation procedures like directions and bundles, hearings and inspections, the decision process, and options for appeals. Key parties involved are the tribunal members, case officers, and parties to the dispute. The goal is to manage disputes efficiently and fairly according to statutory rules.
ESAP Course. Legal Instruments and negotiations_2016_shortened versionNatalya Gataullina
This document provides an overview of the "Legal Instruments and Negotiations" course taught by Natalya Gataullina. The course aims to develop 10 key skills for lawyers, such as teamwork, communication, and commercial acumen. Students choose from topics like contract law, corporate law, and litigation to study over 56 academic hours through activities like case discussions, roleplays, and writing assignments. Previous course topics included contract law, corporate law, employment law, and international law. The goal is for students to learn to apply legal theory in practice through preparing for and participating in negotiations.
Head note, a term in the circle of courts and cases, is a summary of the case judgment usually written by the third party like, editors or experts on law, before the judgment description so that it gives the overview of the judgment published. Often it is not mandatory but proves to be helpful to get a glimpse of the court law. The headnote does serve as legal requirements.
With a panel of writers who have their expertise in legal writing and making inferences, develop this headnote of every case. In case of the trial shifted to another court in due course, this headnote provides the required glimpse of all the proceedings of the trial in question covering all the legal aspects. It is essential to know what was the occurring and the state of the case as on date. Due consideration while drafting the headnote to not change the nature of the trial is essential.
Email: info@lexhawk.com
1 H ow to B r ief a C ase P r epa r ed for t.docxjeremylockett77
1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was d ...
1 H ow to B r ief a C ase P r epa r ed for t.docxcroftsshanon
1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was d.
D. Chatfield, aka S. Gaggero, Letter 9.5.03jamesmaredmond
This letter from attorney David Blake Chatfield responds to a proposal from opposing counsel Andrew Jablon regarding ongoing discovery disputes in the case Sulphur Mountain v. John Redmond. Chatfield expresses frustration that Jablon modified nothing and added new discovery requests despite their discussions. Chatfield addresses each of Jablon's discovery requests, arguing they lack relevance and are an attempt to overburden Chatfield's client. Chatfield refuses certain requests and offers to provide other information if Jablon demonstrates relevance.
1 How to B rief a Case Prepared for the L egTatianaMajor22
1
How to B rief a Case
Prepared for the L egal Studies Program
Amer ican Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the Delahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was decided.
2. Facts ...
1 How to B rief a Case Prepared for the L eg.docxAbhinav816839
The document provides instructions for writing a case brief, which is a concise summary of a legal case. It explains that a case brief should include: 1) the case name and citation, 2) the facts, 3) the procedural history, 4) the issue(s) before the court, 5) the court's holding on each issue, 6) the court's reasoning, 7) the decision, and 8) any additional comments. The document provides an example case brief analyzing whether gun manufacturers can be held strictly liable for injuries from criminal use of their guns.
Here are the key points about the Court of Appeal's ability to depart from its own precedent:
- The CA is generally bound by its own previous decisions, like the Supreme Court.
- However, under Young v Bristol Aeroplane, it can depart from precedent in limited circumstances, similar to the Practice Statement for the Supreme Court.
- The three exceptions where it can depart are: 1) if the previous decision was made per incuriam, 2) if there are conflicting CA decisions and it must pick one, and 3) if the CA's earlier decision is inconsistent with a later UKSC decision.
- Per incuriam means the previous decision was made in ignorance or forgetfulness of some statutory provision or authority binding on
Brief Texas v. Johnson located on page 166 of your text. Follow.docxjackiewalcutt
Brief
Texas v. Johnson
located on page 166 of your text. Follow the briefing format explained on pages 13-16: citation, facts, rule, issue, holding, reasoning, and criticism.
Recall that the facts should include any fact that you think affected the court's decision as well as the main procedural facts. The rule should be the rule as it existed prior to this decision.
The issue statement should contain two main components: the rule (label plus definition) and specific facts. After reading the issue, the reader should know exactly why each side thought it had a chance of convincing the court that it should win.
The holding should be very specific so that your reader will know the limits that the court placed on its decision.
The reasoning section should be as complete as possible so that your reader can fully understand why the court decided as it did.
Finally, the criticism section should include a short accounting of what the dissent had to say. Your criticism section should also point out any logical failings or limitations that you found in the majority opinion's thinking. Make sure anyone reading your criticism section can tell when you are giving your own criticism versus when you are simply reporting on what the dissent had to say.
The project is due as follows:
Part A -- Citation, Facts, and Rule - Week 1
You only have do the citation, facts, and rule!!!!!!!
The following pages are the e-text steps you'll hav e to follow to create the case brief.
page 13
(3) Briefing court opinions
The word
brief
has several meanings in the legal field. When we refer to briefing a case or to
case briefs
, we are referring to a written summary of a court opinion. This is to be contrasted with an appellate brief, which is a formal written argument to an appellate court, in which a lawyer argues why that court should affirm or reverse a lower court's decision.
(a) Reasons for briefing cases
Briefing court opinions serves two purposes. First, and most important, it makes you read the case thoroughly. You have to go back and dig out the essentials, organize them, and state them in your own words. This is necessary for an adequate understanding of the court opinion. Second, it is a form of note taking that provides a condensed record of the most important information about the case you briefed. You can use these case briefs to refresh your memory when preparing for class or studying for exams.
(b) Format of a case brief
While most case briefs share many common features, there is no single format that is universally accepted within the legal community. Indeed, there are almost as many different briefing styles as there are attorneys writing briefs. What we present here is an approach that we think will help you organize your thoughts and understand the opinion.
The case briefing method described here breaks the case down into the following elements: (i) case citation, (ii) facts — both procedural and substantive, (iii) r.
This document provides guidance on preparing a memorial for a moot court competition. It outlines the typical sections included in a memorial such as the cover page, table of contents, statement of facts, issues, arguments etc. It discusses the contents and formatting requirements of each section. The document also highlights important points to remember when drafting a memorial like reading the moot proposition carefully, using proper font style and size, page numbering etc. Finally, it discusses some advantages of participating in moots like networking opportunities, confidence building and importance of teamwork.
Similar to CRILL 2016: Spoken interaction in an academic legal context: The discourse of the arbitration moot (20)
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This document discusses remix culture and its implications for student voice in digital multimodal compositions. It defines remix as combining existing materials to create something new. While remix allows creative appropriation, it also risks students copying content without transforming it. The document examines student projects in an English for science course involving digital videos. It finds that effective remix uses resources in hybrid, layered, and intercultural ways to construct new meanings consistent with students' messages. However, remix may compromise student voice if it lacks original sourcing, hybridity, or creative labor. Educators must guide how students leverage remix to promote, not limit, their voices.
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Chapter wise All Notes of First year Basic Civil Engineering.pptxDenish Jangid
Chapter wise All Notes of First year Basic Civil Engineering
Syllabus
Chapter-1
Introduction to objective, scope and outcome the subject
Chapter 2
Introduction: Scope and Specialization of Civil Engineering, Role of civil Engineer in Society, Impact of infrastructural development on economy of country.
Chapter 3
Surveying: Object Principles & Types of Surveying; Site Plans, Plans & Maps; Scales & Unit of different Measurements.
Linear Measurements: Instruments used. Linear Measurement by Tape, Ranging out Survey Lines and overcoming Obstructions; Measurements on sloping ground; Tape corrections, conventional symbols. Angular Measurements: Instruments used; Introduction to Compass Surveying, Bearings and Longitude & Latitude of a Line, Introduction to total station.
Levelling: Instrument used Object of levelling, Methods of levelling in brief, and Contour maps.
Chapter 4
Buildings: Selection of site for Buildings, Layout of Building Plan, Types of buildings, Plinth area, carpet area, floor space index, Introduction to building byelaws, concept of sun light & ventilation. Components of Buildings & their functions, Basic concept of R.C.C., Introduction to types of foundation
Chapter 5
Transportation: Introduction to Transportation Engineering; Traffic and Road Safety: Types and Characteristics of Various Modes of Transportation; Various Road Traffic Signs, Causes of Accidents and Road Safety Measures.
Chapter 6
Environmental Engineering: Environmental Pollution, Environmental Acts and Regulations, Functional Concepts of Ecology, Basics of Species, Biodiversity, Ecosystem, Hydrological Cycle; Chemical Cycles: Carbon, Nitrogen & Phosphorus; Energy Flow in Ecosystems.
Water Pollution: Water Quality standards, Introduction to Treatment & Disposal of Waste Water. Reuse and Saving of Water, Rain Water Harvesting. Solid Waste Management: Classification of Solid Waste, Collection, Transportation and Disposal of Solid. Recycling of Solid Waste: Energy Recovery, Sanitary Landfill, On-Site Sanitation. Air & Noise Pollution: Primary and Secondary air pollutants, Harmful effects of Air Pollution, Control of Air Pollution. . Noise Pollution Harmful Effects of noise pollution, control of noise pollution, Global warming & Climate Change, Ozone depletion, Greenhouse effect
Text Books:
1. Palancharmy, Basic Civil Engineering, McGraw Hill publishers.
2. Satheesh Gopi, Basic Civil Engineering, Pearson Publishers.
3. Ketki Rangwala Dalal, Essentials of Civil Engineering, Charotar Publishing House.
4. BCP, Surveying volume 1
LAND USE LAND COVER AND NDVI OF MIRZAPUR DISTRICT, UPRAHUL
This Dissertation explores the particular circumstances of Mirzapur, a region located in the
core of India. Mirzapur, with its varied terrains and abundant biodiversity, offers an optimal
environment for investigating the changes in vegetation cover dynamics. Our study utilizes
advanced technologies such as GIS (Geographic Information Systems) and Remote sensing to
analyze the transformations that have taken place over the course of a decade.
The complex relationship between human activities and the environment has been the focus
of extensive research and worry. As the global community grapples with swift urbanization,
population expansion, and economic progress, the effects on natural ecosystems are becoming
more evident. A crucial element of this impact is the alteration of vegetation cover, which plays a
significant role in maintaining the ecological equilibrium of our planet.Land serves as the foundation for all human activities and provides the necessary materials for
these activities. As the most crucial natural resource, its utilization by humans results in different
'Land uses,' which are determined by both human activities and the physical characteristics of the
land.
The utilization of land is impacted by human needs and environmental factors. In countries
like India, rapid population growth and the emphasis on extensive resource exploitation can lead
to significant land degradation, adversely affecting the region's land cover.
Therefore, human intervention has significantly influenced land use patterns over many
centuries, evolving its structure over time and space. In the present era, these changes have
accelerated due to factors such as agriculture and urbanization. Information regarding land use and
cover is essential for various planning and management tasks related to the Earth's surface,
providing crucial environmental data for scientific, resource management, policy purposes, and
diverse human activities.
Accurate understanding of land use and cover is imperative for the development planning
of any area. Consequently, a wide range of professionals, including earth system scientists, land
and water managers, and urban planners, are interested in obtaining data on land use and cover
changes, conversion trends, and other related patterns. The spatial dimensions of land use and
cover support policymakers and scientists in making well-informed decisions, as alterations in
these patterns indicate shifts in economic and social conditions. Monitoring such changes with the
help of Advanced technologies like Remote Sensing and Geographic Information Systems is
crucial for coordinated efforts across different administrative levels. Advanced technologies like
Remote Sensing and Geographic Information Systems
9
Changes in vegetation cover refer to variations in the distribution, composition, and overall
structure of plant communities across different temporal and spatial scales. These changes can
occur natural.
Communicating effectively and consistently with students can help them feel at ease during their learning experience and provide the instructor with a communication trail to track the course's progress. This workshop will take you through constructing an engaging course container to facilitate effective communication.
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CRILL 2016: Spoken interaction in an academic legal context: The discourse of the arbitration moot
1. Spoken interaction in an academic legal context: The
discourse of the arbitration moot
Christoph A. Hafner
Department of English, City University of Hong Kong
CRILL 2016, May 26-28
2. Overview
• Background to the study
• Findings
– Generic elements
– Questions and answers
• Conclusions
4. The focal practice: Mooting
• Mock trials in the academy
– A simulated fact situation/dispute
• Students work in teams
• Role play advocates for parties
– Develop persuasive legal arguments
• Written arguments: Legal memorandum
• Spoken arguments: Oral hearing
5. The Vis moot competitions
• The ‘Willem C. Vis International
Commercial Arbitration Moot’
• The ‘Vis East’
7. Summary of observations
Phase Date Details
1. Writing for claimant and
respondent
October to December
December to January
12 team meetings
2 ‘out-of-class’ meetings
2. Advocacy training February to March 15 team meetings including
13 simulated moots (10
recorded)
3. Competition April 1 to 4 4 competition moots
8. Phase 2 data sources
• Observations of 10 simulated moots
– Video and audio records
– Student performance and teacher feedback
– Field notes
• Narrowed to 3 simulated moots
– PH 1: Approx 2 hours 24 mins
– PH 7: Approx 1 hour 10 mins
– PH 10: Approx 1 hour 9 mins
9. Analysis
• Thematic coding of field notes
– Identify recommended strategies
• How to cite authorities
• How to answer questions
• Qualitative analysis of simulated moots
– Analyze practice hearings (#1, #7, #10)
– Identify actual discursive strategies
10. Research questions
• How can the spoken discourse of the
arbitration moot be described?
– What discursive strategies are recommended?
– What discursive strategies are actually
observed?
13. Generic structure: macro
1. Introductions
2. Procedural arguments
a) Respondent
b) Claimant
c) Rebuttals and surrebuttals
3. Substantive arguments
a) Claimant
b) Respondent
c) Rebuttals and surrebuttals
14. Generic structure: micro
• Arguments are further structured:
– Case theory and ‘road map’
– Arguments on specific issues
• Argument/claim
• Reasons/warrant, i.e. facts, law, policy
• Backing, i.e. moot problem or legal texts
– Conclusion
Questioningbyarbitrators
15. Questions
“An arbitration, if it is a good one, will become an
intelligent discussion” (G, Coach, field notes)
“[Acting the part as you respond to questions] is
part of the mental game that you are playing with
the arbitrator” (R, Coach, field notes)
“Whenever a question is asked, even a
challenging question, you should try to use it as an
opportunity” (G, Coach, field notes)
18. Training
<G> Er er I think R and I from time to time will be asking
some stupid questions […] and that is for purposes of
ensuring that you are able to handle even dumb questions
whether it be dumb questions in Hong Kong and in er in
Vienna.
(Before practice hearing 1)
19. Requesting authorities (1)
<H> [Yes.] Do you have any, do you have any authority for that? To
say that changing, a choice of law clause is substantial difference.
(PH 10)
<R> I’m sorry Counsel I missed that you said something United Nation
Commission Model Law?
<N> Yes.
<R> Is it the name?
<N> The it’s it's called UNCITRAL Model Law on International Arbitration.
<R> Just International Arbitration?
<N> Nineteen eighty-five. International Commercial Arbitration nineteen
eighty-five, with amendments as adopted in two thousand and six.
<R> Thank you.
(PH 1)
20. Requesting authorities (2)
<R> So which Exhibit you are telling me?
(PH 1)
<N> Mr Mr Arbitrator, er we we agree the the lawyers that were
involved were not arbitration specialist, however [they were
litigation]
<R> [Where did you,] where did you get this fact?
(PH 1)
<R> Where does it say that the place of arbitration in Danubia?
<N> It states so on the Framework and Sales Agreement.
<R> Where we can find that?
<N> On Claimant’s Exhibit Number two, page ten of the facts.
<R> Okay.
(PH 1)
21. Questioning authorities
<G> Ar= Are you telling us that we are somehow bound by this
obscure New Zealand case? I I don’t even know where New Zealand is.
(PH 1)
<G> [But] but parol evidence rule isn't isn’t that an obscure eh er
concept that eh that common lawyers have developed? Eh er, I am, I
am a civil lawyer you know you can hear it er, I speak the way a
German speaks in. I am a civil lawyer I have no clue what parol
evidence is, why why why what does it mean? Why should I be
bound by it?
(PH 1)
23. Using questions to put the case directly
<R> So Claimant, essentially the Respondent is saying
because of appeal and review mechanism, this
Arbitration Agreement is not valid, and therefore
there’s no arbitration agreement. What do you have
to say on that?
(PH 1)
24. Using questions to test an argument
<R> But assuming my my translation is correct that, Dutch
version says or related to matters, actually not er sorry
is is related to transactions, not matters then would
that affect your argument?
(PH 10)
26. Exploring an argument without
conceding
<R> But assuming my my translation is correct that,
Dutch version says or related to matters, actually not
er sorry is is related to transactions, not matters then
would that affect your argument?
<B> If it was related to erm let's assume, er without
conceding that it was related to the the contract the
two contracts are also very different, because they
relate to different types of technology.
(PH 10)
27. Conceding hypothetically and
advancing another argument
[Discussing the difference between words ‘shall’ and ‘is’ used in two
successive drafts of standard terms]
<R> But when we see the word shall, it become it gives us a meaning
of mandatory nature. But when you say is, it's not that mandatory.
So it means now it's more loosened up, is it not?
<J> Mr Arbitrator if that is the case, that it that is loosened up whether
the law of Mediterraneo should apply, then here we also see the
ambi= ambiguity, and we also rely on contra proferentem rule,
to interpret this clause, er and, and therefore, the fact of section
twenty-two, should be interpreted against I C T, which means that
the national law of Mediterraneo, should apply.
(PH 10)
28. Conceding briefly and advancing
another argument
<H> But isn't there a problem Counsel because your
appeal and review mechanism says that you appeal
based on fact and law, and Article thirty-four only
gives you legal grounds, not factual grounds. So isn’t
there an inconsistency?
<N> Indeed Mr President however, the parties who
agreed to this were laymen. And the key words were
obviously wrong, which refers to looking at the award
from the face of it.
(PH 10)
29. Conceding unnecessarily
[Discussing whether two disputes based on the same agreement
could be heard together, at the same time. N has to make the
case that they cannot]
<R> And you want us to see both of these claims at the same
time?
<N> Er, Mr President, we want them to be considered separate
because although it would be cost efficient and it would
save time er and even the Respondent has received
instructions in terms of cost saving and so on, the
matters are so different and so disconnected that we argue
that they must be [separate arbitration]
(PH 1)
31. <J> Mr President we argue that, the ch= the change in the choice of
law clause, amounts to a substantial difference, and it also [relates
to]
<H> [Yes.] Do you have any, do you have any authority for that? To say
that changing, a choice of law clause is substantial difference.
<J> Mr President we do not have er this authority. However we, it is
our position that if we apply the national law of Mediterraneo, it
allows us to make full compensation, in case of any er defects in
the so= er er proton treatment facility.
<H> Mm. Ok.
<J> Moving on to the third issue, the Claimant argues that
assuming that the standard terms are incorporated, the law of
Mediterraneo does not exclude the C I S G.
(PH 10)
33. Hybridity
• Arbitration discourse, i.e. the discourse
and values of arbitration
• Professional legal discourse, i.e. the
discourse and values of law as a
profession and discipline
• Academic legal discourse, i.e. pedagogic
discourse
34. Future directions
• Interplay between formulaic expression of
arguments/language use and creative
interaction
Arguments
Generic,
formulaic and
rehearsed
Responses
Flexible,
adaptive but
on point