Thinking Like A Lawyer

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.

Critical thinking is the essential tool for ensuring that students fulfill their promise. But, in reality, critical thinking is still a luxury good, and students with the greatest potential are too often challenged the least. Thinking Like a Lawyer: Introduces a powerful but practical framework to close the critical thinking gap. Gives teachers the tools and knowledge to teach critical thinking to all students. Helps students adopt the skills, habits, and mindsets of lawyers. Empowers students to tackle 21st-century problems. Teaches students how to compete in a rapidly changing global marketplace. Colin Seale, a teacher-turned-attorney-turned-education-innovator and founder of thinkLaw, uses his unique experience to introduce a wide variety of concrete instructional strategies and examples that teachers can use in all grade levels and subject areas. Individual chapters address underachievement, the value of nuance, evidence-based reasoning, social-emotional learning, equitable education, and leveraging families to close the critical thinking gap.

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. In his classic book, Kenneth J. Vandevelde defines this elusive phrase and identifies the techniques involved in thinking like a lawyer. Unlike most legal writings, which are plagued by difficult, virtually incomprehensible language, this book is accessible and clearly written and will help students, professionals, and general readers gain important insight into this well-developed and valuable way of thinking. Updated for a new generation of lawyers, the second edition features a new chapter on contemporary perspectives on legal reasoning. A useful new appendix serves as a survival guide for current and prospective law students and describes how to apply the techniques in the book to excel in law school.

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.

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

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.

The day-to-day lives of educators are increasingly bound by the law. It is essential that educators understand the sources and roles of law in order to act appropriately and to avoid difficult and litigious situations. This book provides a bridge between the legal professional and the education professional, offering an introduction to legal analysis. Since the first edition of this book, the law's role in schools has continued to expand. New problems call for new legal and policy solutions. The second edition focuses on school search cases as illustrations and brings them forward to today's concerns about searching cell phones, off campus activities, and even sexting. Written by a law professor who has long worked with both educators and law students, Redfield's book introduces the essential concepts of thinking like a lawyer. Thinking Like a Lawyer uses narrative, actual court cases, study tips, research methodologies, and an extensive glossary illustrated with education law examples to remove the mystique of reading about law. It also allows those who need to know the law, but are not necessarily lawyers, to move comfortably in this realm. The book is useful for individual readers or for classes in education law and administration.

This concise, accessible text provides law students with a way of organizing and thinking about their coursework and about the cases, laws, and regulations they confront every day.Among the features of this book: - based on the premise that despite the law's complexity, there are three primary questions that recur in different guises throughout legal practice: - Is there a law? - Has it been violated? - What will be done about it? - brings order to the multitude of legal issues that law students confront in the cases and materials they study - introduces the dynamics of legal argument - helps students recognize the basic questions posed in a legal dispute as well as the predictable reasons lawyers give for reaching one resolution or another - contains a helpful Glossary of Legal Terms and extensive index, as well as a list of suggested readings