揭秘！原来mooter们的书架上藏着这些书...

前 言

模拟法庭竞赛作为法学生提升个人专业能力的重要途径之一，最早可以追溯至14世纪英国律师学院对学生进行的模拟教学；2002年，中国内地正式引入Jessup国际法模拟法庭比赛，掀起了内地法学院参加国际比赛的热潮。

法学生通过参加模拟法庭竞赛，不仅可以获得更好的掌握法律检索、诉状书写和口头辩论等法庭技能，还有机会直接获得红圈所等国内外顶级律所的实习或者就业机会，同时模拟法庭竞赛经历也将有助于名校保研和申请海外一流法学院校。

国际模拟法庭一般包括书状撰写和法庭辩论两个环节。书状撰写不同于一般的英文写作，而法庭辩论也与普通的辩论有较大差异。因此，对于绝大多数新人mooter而言，书状撰写与法庭辩论都需要从零开始。为此，我们特别策划了本期书单推荐，带领大家走近文书写作与法庭辩论。

一、文书写作

#1

Legal Writing and Analysis, Fourth Edition 

Linda H. Edwards

● This book is a concise text that tracks the traditional legal writing course syllabus. It groups relevant material together instead of scattering it in different stages of the writing process. It includes numerous examples and uses frequent short exercises to encourage students to apply new material. It provides students with the necessary structure for organizing a legal discussion. Finally, it includes discrete materials that offer students the opportunity to explore a deeper level of understanding than its small size would imply.

#2

Gender-Free Legal Writing - Managing

the Personal Pronouns

British Columbia Law Institute

●This manual explores a number of techniques that may be used in the creation of documents that are free of gender-specific pronouns. It is intended to serve three functions. The first is to convince those who entertain doubts, that it is possible to write in this way without significant distortion or loss of content. The second is to serve as a guide to those who require instruction in this area. The third is to provide a sourcebook with answers for writers who currently adhere to a gender-free style, but encounter specific problems.

#3

Legal Writing in Plain English - A Text with Exercises
                               Second Edition

Bryan A. Garner

● This book takes a practical approach to legal writing. It derives from the author’s experience over the past several decades in working with law students and—in far greater numbers—practicing lawyers and judges. So the book is intended not just for law students and paralegals but also for practitioners—even experienced ones. In devising the exercises for each section, the author envisioned either a writing class or an informal group of legal writers who meet periodically to work through the book.

#4

Making Your Case - The Art of Persuading Judges

Antonin Scalia & Bryana Garner

●Published advice on how to persuade judges is as old as the profession of judging itself. Its sources include Aristotle, Isocrates, Demetrius, Cicero, and Quintilian. So anything fundamentally new contributed by this small volume would probably be wrong. The book’s purpose is to make the best earlier advice—with perhaps a few suggestions of our own—readily available to the modern practitioners and to adapt it to the circumstances of modern American litigation.

#5

Plain English for Layers, Fifth Edition

Richard C. Wydick

●The premise of this book is that good legal writing should not differ, without good reasons, from ordinary well-written English. It discusses the elements of plain English style, including the choice of words, the use of verbs, the care in arranging words, the length and construction of sentences as well as some other elements.

#6

Point Made - How to Write Like the Nation’s

Top Advocates, Second Edition

Ross Guberman

● This book will reveal the craft behind the art of legal writing. The author shows us the techniques of good writings, including adding examples of competing priorities, shaping sentences in compelling ways, techniques to help you spice up your prose with fresh language, balanced phrases, and creative punctuation, etc.

#7

The Art of Advocacy, Briefs, Motions, and Writing

Strategies of America’s Best Lawyers

Noah A. Messing

● The premise of this book is that the best way to become a great advocate is to read and absorb great advocacy. This book, therefore, pulls together examples of stellar legal writing, which reflect excellent (and often astounding) advocacy about a variety of subjects demonstrating a variety of styles and techniques.

#8

       Style Toward Clarity and Grace

Joseph M. Williams & Gregory G. Colomb

● The objective of this book is to explain how writers can improve the style and the structure of their reports, analyses, articles, memoranda, proposals, monographs, books.

#9

Writing a Legal Memo

John Bronsteen

● This book teaches you how to do legal research and how to convey it in the form of a memo.

二、法庭辩论

#1

The Art of Argument, A Guide to Mooting

Christopher Kee

●The book explains the secrets of success in mooting, in a simple, step-by-step style. It describes what to do when you first get the moot problem, how to begin researching the subject matter, how to build an argument, how to present written and oral submissions, the value of practice moots, and how to handle yourself at the competition.

#2

The Cavendish Guide to Mooting, Second Edition

John Snape & Gary Watt

●Some of the material in this book is necessarily basic. As well as not having too many points and not citing too many cases, the book has advice on how to choose and cite authorities; how to address the judge and deal with his/her interruptions; how to deal with a hopeless case and not be discouraged if the argument is lost (so long as the chance of winning the competition is still open); how to be ready to deal with the co-mooter’s argument in case the judge asks about it and, not least, how to phrase the parts of a speech whilst coping with the time limits which begin by seeming too long and end by being too short. Some of these points may appear very elementary, but a breach of them can all too easily disturb the atmosphere in which the mooter speaks. But, much of the material in this book has a long term value as well and includes advice on how to find one’s way around the law library; how to look for cases (including those in the individual parts of the English Reports); how to winnow the ratio decidendi of a case and to appreciate the scope of stare decisis. Essentially, it demonstrates how to achieve a clear and compelling, or at least persuasive, statement of one’s case, rather than insisting on producing an overload of irrelevant research material.

#3

Oral Argument: The Essential Guide

Brooke J. Bowman et.al

●The purpose of this Guide is to give you the tools to effectively prepare for and give an effective oral argument in both trial and appellate courts. The Guide helps you understand oral argument’s purposes, how to prepare for and structure your oral argument, how to answer questions, and how to argue ethically, appropriately, and with style. The Guide also includes an annotated transcript of an oral argument given by two students on an appellate brief problem assigned in a legal writing course that provides useful examples and explanations of how an oral argument works.

#4

Mooting: The Definitive Guide

Eric Baskind

● Mooting: The Definitive Guide sets out in a clear and logical manner all the information needed to make a success of mooting as well as providing comprehensive guidance on organizing and running a mooting event. We commend this book to anyone involved in mooting.

#5

Australasian Mooting Manual, Second Edition 

Joel Butler & Terry Gygar

● This is an excellent book on mooting. It deals with a range of issues that will prepare the participant for this increasingly important phase of modern legal and general education. Like a good mooter, or indeed a good advocate, the authors have tackled the topic in a logical and attractive way: A useful introduction, including notes on the history of mooting in the common law tradition, going back to medieval times; An analysis of the objective of a moot and a summary of the critical skills deployed; A description of mooting from within, ie from the viewpoint of beginners and the skills they will have to deploy; Sound advice on analysis of the problem in the moot and how to prepare to tackle it; The description of the writing of the written submissions of the parties (the memorials); Indications and suggestions for preparation to make the oral submissions which are the centrepiece of most mooting; Hints about personal presentation that will enhance, and not distract from, the intellectual task in hand; A description of the actual day of the moot, with anecdotes from past triumphs and disasters; Advice for academic advisors and coaches of mooting teams; Wise counsel for those who act as judges in moots; An introduction on the growing practice of high school mooting; and A few parting shots on the main mooting competitions that are conducted for Australian law schools and in the international legal community.

#6

How to Please the Court: A Moot Court Handbook

Paul I. Weizer

●Designed for anyone who has an interest in using moot court simulations as an educational exercise, How to Please the Court brings together prominent moot court faculty who share their collective years of experience in building a successful moot court program. Touching on all aspects of the moot court experience, this book guides the reader through conducting legal research, the structure of an oral argument, the tournament experience, and the successes and rewards of competition.

#7

Thomson Reuters’ Guide to Mooting

Anthony E Cassimatis et. al

●This book has been written by outstanding Australian academic lawyers, who have played leading parts in coaching and encouraging winning international mooting teams.

The authors proceed through the basic requirements for successful mooting. They examine the strategies that are needed for good argumentation in superior (and often appellate) courts. They emphasize the importance of selectivity in argument; strategic awareness of responses on the part of the decision-makers; and good team work. The book then proceeds through descriptions of some of the major mooting competitions that contemporary Australians will face: before the federal Administrative Appeals Tribunal; in the field of maritime law; in the Willem C. Vis International Commercial Arbitration Moot and in the Jessup International Law Moot. These descriptive chapters will be essential reading for all those students who decide to pursue the prize of an enjoyable mooting experience.

 近期推荐 

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