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Trial Advocacy
Trial advocacy is the branch of knowledge concerned with making attorneys and other advocates more effective in trial proceedings. Trial advocacy is an essential trade skill for litigators and is taught in law schools and in continuing legal education programs. It may also be taught in primary, secondary, and undergraduate schools, usually as a mock trial elective. The skills of trial advocacy can be broken into two categories: skills that accomplish individual tasks ( tactical skills) such as selecting jurors, delivering opening statements and closing arguments, and examining witnesses, and those skills that integrate the individual actions to achieve greater effects and to drive unfolding events toward the advocate's desired outcome ( strategy) . Most law school trial advocacy courses focus on tactical skills, though some integrate basic methods of strategic planning. Some academics have expressed disfavor with advanced strategic techniques because of the imbalance they cr ...
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Law School
A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, lawyers-to-be need to obtain an undergraduate degree in law in order to practice the profession, as opposed to the US system in which a law degree is not obtained until successfully completing a postgraduate program. In spite of that, it is customary to call Argentine lawyers 'doctors,' although the vast majority of them do not hold a Juris Doctor degree. The reason lies in that the career was originally called 'Doctorate in Laws' (''Doctorado en Leyes''), which was an undergraduate degree. There were no graduate studies available in the country at the time of its creation, and they would be instituted only in 1949. After the university reform of 1918 the career was renamed ' Attorney'. It is 5–6 years long, some universities also offeri ...
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Maneuver Warfare
Maneuver warfare, or manoeuvre warfare, is a military strategy which seeks to shatter the enemy's overall cohesion and will to fight. Background Maneuver warfare, the use of initiative, originality and the unexpected, combined with a ruthless determination to succeed, seeks to avoid opponents' strengths while exploiting their weaknesses and attacking their critical vulnerabilities and is the conceptual opposite of attrition warfare. Rather than seeking victory by applying superior force and mass to achieve physical destruction, maneuver uses preemption, deception, dislocation, and disruption to destroy the enemy's will and ability to fight. Historically, maneuver warfare was stressed by small militaries, the more cohesive, better trained, or more technologically advanced than attrition warfare counterparts. The term "tactical maneuver" is used by maneuver warfare theorists to refer to movement by forces to gain "advantageous position relative to the enemy," as opposed to ...
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Law Firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients (individuals or corporations) about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other matters in which legal advice and other assistance are sought. Arrangements Law firms are organized in a variety of ways, depending on the jurisdiction in which the firm practices. Common arrangements include: * Sole proprietorship, in which the attorney ''is'' the law firm and is responsible for all profit, loss and liability; * General partnership, in which all the attorneys who are members of the firm share ownership, profits and liabilities; * Professional corporations, which issue stock to the attorneys in a fashion similar to that of a business corporation; * Limited liability company, in which the attorney-owners are called "members" but are not dir ...
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Prosecutor
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a criminal trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been admitted to the bar, or obtained a comparable qualification where available - such as solicitor advocates in England and Wales. They become involved in a criminal case once a suspect has been identified and charges need to be filed. They are employed by an office of the government, with safeguards in place to ensure such an office can successfully pursue the pro ...
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Merit (law)
In law, merits are the inherent rights and wrongs of a legal case, absent of any emotional or technical bias. The evidence is applied solely to cases decided on its merits, and any procedural matters are discounted. The term comes from Old French Old French (, , ; Modern French: ) was the language spoken in most of the northern half of France from approximately the 8th to the 14th centuries. Rather than a unified language, Old French was a linkage of Romance dialects, mutually intel ... ''merite'', meaning "reward" or "moral worth". External links Definition from Merriam-Webster.com Legal terminology {{law-term-stub ...
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Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions (see ). Etymology The term "verdict", from the Latin ''veredictum'', literally means "to say the truth" and is derived from Middle English ''verdit'', from Anglo-Norman: a compound of ''ver'' ("true", from the Latin ''vērus'') and ''dit'' ("speech", from the Latin ''dictum'', the neuter past participle of ''dīcere'', to say). Criminal law In a criminal case, the verdict, which may be either "not guilty" or "guilty"—except in Scotland where the verdict of " not proven" is also available—is handed down by the jury. Different counts in the same case may have different verdicts. A verdict of guilty in a criminal case is generally followed by a ...
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Academic
An academy (Attic Greek: Ἀκαδήμεια; Koine Greek Ἀκαδημία) is an institution of secondary or tertiary higher learning (and generally also research or honorary membership). The name traces back to Plato's school of philosophy, founded approximately 385 BC at Akademia, a sanctuary of Athena, the goddess of wisdom and skill, north of Athens, Greece. Etymology The word comes from the ''Academy'' in ancient Greece, which derives from the Athenian hero, ''Akademos''. Outside the city walls of Athens, the gymnasium was made famous by Plato as a center of learning. The sacred space, dedicated to the goddess of wisdom, Athena, had formerly been an olive grove, hence the expression "the groves of Academe". In these gardens, the philosopher Plato conversed with followers. Plato developed his sessions into a method of teaching philosophy and in 387 BC, established what is known today as the Old Academy. By extension, ''academia'' has come to mean the accumulation, d ...
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Psychology
Psychology is the scientific study of mind and behavior. Psychology includes the study of conscious and unconscious phenomena, including feelings and thoughts. It is an academic discipline of immense scope, crossing the boundaries between the natural and social sciences. Psychologists seek an understanding of the emergent properties of brains, linking the discipline to neuroscience. As social scientists, psychologists aim to understand the behavior of individuals and groups.Fernald LD (2008)''Psychology: Six perspectives'' (pp.12–15). Thousand Oaks, CA: Sage Publications.Hockenbury & Hockenbury. Psychology. Worth Publishers, 2010. Ψ (''psi''), the first letter of the Greek word ''psyche'' from which the term psychology is derived (see below), is commonly associated with the science. A professional practitioner or researcher involved in the discipline is called a psychologist. Some psychologists can also be classified as behavioral or cognitive scientists. Some psychol ...
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Moot Court
Moot court is a co-curricular activity at many law schools. Participants take part in simulated court or arbitration proceedings, usually involving drafting memorials or memoranda and participating in oral argument. In most countries, the phrase "moot court" may be shortened to simply "moot" or "mooting". Participants are either referred to as "mooters" or, less conventionally, "mooties". Format and structure Moot court involves simulated proceedings before an appellate court, arbitral tribunal, or international dispute resolution body. These are different from mock trials that involve simulated jury trials or bench trials. Moot court does not involve actual testimony by witnesses, cross-examination, or the presentation of evidence, but is focused solely on the application of the law to a common set of evidentiary assumptions, facts, and clarifications/corrections to which the competitors are introduced. Though not moots in the traditional sense, alternative dispute resolution co ...
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Defense Counsel
In a civil proceeding or criminal prosecution under the common law or under statute, a defendant may raise a defense (or defence) in an effort to avert civil liability or criminal conviction. A defense is put forward by a party to defeat a suit or action brought against the party, and may be based on legal grounds or on factual claims. Besides contesting the accuracy of an allegation made against the defendant in the proceeding, the defendant may also make allegations against the prosecutor or plaintiff or raise a defense, arguing that, even if the allegations against the defendant are true, the defendant is nevertheless not liable. Acceptance of a defense by the court completely exonerates the defendant and not merely mitigates the liability. The defense phase of a trial occurs after the prosecution phase, that is, after the prosecution "rests". Other parts of the defense include the opening and closing arguments and the cross-examination during the prosecution phase. ...
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Prosecution
A prosecutor is a legal representative of the prosecution in states with either the common law adversarial system or the Civil law (legal system), civil law inquisitorial system. The prosecution is the legal party responsible for presenting the case in a Criminal law, criminal jury trial, trial against an individual accused of breaking the law. Typically, the prosecutor represents the state or the government in the case brought against the accused person. Prosecutor as a legal professional Prosecutors are typically lawyers who possess a law degree, and are recognised as suitable legal professionals by the court in which they are acting. This may mean they have been Admission to the bar, admitted to the bar, or obtained a comparable qualification where available - such as Solicitor advocate, solicitor advocates in English law, England and Wales. They become involved in a criminal case once a suspect has been identified and Indictment, charges need to be filed. They are employe ...
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Argument
An argument is a statement or group of statements called premises intended to determine the degree of truth or acceptability of another statement called conclusion. Arguments can be studied from three main perspectives: the logical, the dialectical and the rhetorical perspective. In logic, an argument is usually expressed not in natural language but in a symbolic formal language, and it can be defined as any group of propositions of which one is claimed to follow from the others through deductively valid inferences that preserve truth from the premises to the conclusion. This logical perspective on argument is relevant for scientific fields such as mathematics and computer science. Logic is the study of the forms of reasoning in arguments and the development of standards and criteria to evaluate arguments. Deductive arguments can be valid, and the valid ones can be sound: in a valid argument, premisses necessitate the conclusion, even if one or more of the premises is false ...
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