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.

Students of the law are often told that they must learn to “think like a lawyer,” but they are given surprisingly little help in understanding just what this amounts to. Generally, they are expected to pick up this ability by example and perhaps by osmosis. But it remains the case that very few lawyers—even very good ones—are consciously aware of what it means to think like a lawyer.In this insightful and highly revealing book, Kenneth J. Vandevelde identifies, explains, and interprets the goals and methods of the well-trained lawyer. This is not a book about the content of the law; it is about a well-developed and valuable way of thinking that can be applied to many fields.Both practical and sophisticated, Thinking Like a Lawyer avoids the pitfalls common to most books on legal reasoning: It neither assumes too much legal knowledge nor condescends to its readers. Invaluable for law students and practicing lawyers, the book will also effectively interpret legal thinking for lay readers seeking a better understanding of the often mysterious ways of the legal profession.

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.

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

Resource added for the Paralegal program 101101.

The way lawyers think about the law can seem deeply mysterious. They see nuance and meaning in statutes and implications in judicial opinions that are opaque to the rest of us. Accessible and thought provoking, Sharpening the Legal Mind explains how lawyers analyze the cases and controversies that come before the courts. Written by William Powers Jr., the former president of the University of Texas at Austin, this book is an authoritative introduction to the academic study of law and legal reasoning, including insights into the philosophy of law and the intellectual history of legal thought. Powers discusses the methods lawyers use to interpret the law, the relation between law and morals, and the role of courts in shaping the law. In eight chapters, he follows the historical debate on these issues and others through different generations and movements in American legal thought—formalism, realism, positivism—to critical legal studies and postmodern theory. The perfect read for anyone looking for a primer on legal reasoning, Sharpening the Legal Mind demystifies the debates and approaches to thinking like a lawyer that profoundly influence the rule of law in our lives.

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.

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.