Making the Case : An Argument Reader / Edition 1

Making the Case : An Argument Reader / Edition 1

by Laurence Behrens
     
 

Focusing on legal issues, this book promotes the skills of written argument by stimulating readers to think and write about actual, compelling court cases. Its application of general rules to specific disputes provides an ideal approach to the development of logical thought and argument. Each chapter features broad and narrow issues of conflict to help

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Overview

Focusing on legal issues, this book promotes the skills of written argument by stimulating readers to think and write about actual, compelling court cases. Its application of general rules to specific disputes provides an ideal approach to the development of logical thought and argument. Each chapter features broad and narrow issues of conflict to help explore the roles of jury members, prosecutors, and defense attorneys—and explain how to make claims (i.e., arrive at verdicts), based on support (the facts and evidence of the case itself), applying standards (the relevant laws). General issues include law and society, arguing effectively, emotional distress, homicide, freedom of speech, search and seizure, and sexual harassment. Sub-issues cover law and engagement rings, hot coffee spills, parental failure to control children, skiing accidents, barroom brawls, and high school sports injuries. For individuals interested but untrained in the law, fascinated by human drama, and curious about our duties and responsibilities to other people and our society at large.

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Product Details

ISBN-13:
9780130154002
Publisher:
Longman
Publication date:
11/01/2000
Edition description:
New Edition
Pages:
563
Product dimensions:
6.00(w) x 8.90(h) x 1.40(d)

Meet the Author

Table of Contents

A Note on the Appeals Process and the Case Descriptions in this Book.

Case Outcomes. Note to Instructors. Citing Sources. Acknowledgments.

1. Law and Society.

The American Legal System, David Hricik. A Crumbling Hive of Humanity Fit for Dickens, David Ferrell. Gulliver on Lawyers, Jonathan Swift. About Real Lawyers, Victor A. Fleming. The Great Perini, Scott Turow. The Memo, Cameron Stracher. A Young Corporate Lawyer Burns Out, William R. Keates. The Imperfection of Law and the Death of Lilly, Ji-Zhou Zhou. To Work for Social Change, Robert C. Johnson, Jr., and Richard W. Moll. Mr. Havlena's Verdict, Karek Capek.

2. Arguing Effectively.

C: How to Argue Your Case Systematically and Logically, Veda R. Charrow, Myra K. Erhardt, and Robert P. Charrow. Plain English, Richard C. Wydick. Ways to Know If Your Story Is Ready to Tell in Court, Joel ben Izzy.

Stories and Exercises I.

Three Quick Writes, Charlie and Jack, Red and Sue, Roman Round, George and Mabel, Jones and Green, Baker and Abba, Mrs. Trueblue, Eel O'Brien, Abner and Judy, Sample Answer: Abner and Judy, Chris the Cocktail Waitress, Norman Brand and John O. White.

Stories and Exercises II.

A Short Guide to Writing Effective Issue Statements, Incident at the Airport, Sample Student Response: Incident at the Airport, Once in a Blue Moon, Jail Bird, Leonard Tourney. Models for the Opening Statement and the Closing Argument, Sheldon J. Stark, B. Henry Allgood

3. Emotional Distress.
Group 1 Readings: Introductory.

Take $2,000 and Call Me in the Morning, Howie Carr. The Case of the Tardy Rabbi. David Margolick. The Spelling Bee, McDonald v. Scripps Newspaper. Photojournalism, Ethics, and the Law, Mike Sherer. The Cat in the Casket, Corso v. Crawford Dog and Cat Hospital. Shunned by Jehovah's Witnesses, Paul v. Watchtower Bible and Tract Society of New York.

Judge's Instructions to the Jury: Intentional Infliction of Emotional Distress. For Deliberation and Argument.

Group 2 Readings: Insults and Financial Harassments.

Model Student Paper: Pay Up or We'll Kill Your Dog.

Lawrence v. Stanford and Ashland Terrace Animal Hospital.

Paper Topic. Commentary, Rough Draft. Commentary, Final Draft.

The Law on Intentional Infliction of Mental Distress.

The Abusive Motorman, Knoxville Traction Co. v. Lane.

The Law on Liability of Public Utility for Insults by Employees.

A Department Store Billing Nightmare, Moorhead v. J. C. Penney Co.

For Deliberation and Argument.

Group 3 Readings: Distress Caused by Sexual Predators.

Sexual Harassment, O'Connell v. Chasdi. Covert Videotaping, Boyles v. Kerr. A Case of Stalking, Troncalli v. Jones. The Reasonable Person, W. Paige Keaton. Arguing Pain and Suffering Damages in Summation: How to Inspire Jurors, Larry S. Stewart.

For Deliberation and Argument.

Group 4 Readings: Witnesses to Disaster.

Accident 1, Dillon v. Legg. Accident 2, Barnhill v. Davis. Accident 3, Portee v. Jaffee, Watson Elevator Company and Atlantic Elevator Company. Accident 4, Dunphy v. Gregor.

The Law on Unintentional and Negligent Infliction of Emotional Distress (NIED). Judge's Instructions to the Jury: Unintentional and Negligent Infliction of Emotional Distress (NIED). The "Thing Test" for NIED. The Psychology of Emotional Distress. For Deliberation and Argument.

4. Homicide.
Group 1 Readings: Introductory.

Model Student Paper: Domestic Tragedy, Commonwealth v. Carroll.

Paper Topic. Commentary, Final Draft.

Killing in a San Francisco Bar, People v. Dewberry. Teenagers and "Russian Poker," Commonwealth v. Malone. Chicago Gang Shooting, Toney v. Peters. A Mercy Killing?, State v. Forrest.

Jury Instructions on Murder and Manslaughter. For Deliberation and Argument.

Group 2 Readings: Vehicular Homicide.

Death on Highway 6, People v. Markham. Drunk Driving, Pears v. State. Teenage Jealousy, People v. Madison. The Epileptic Driver, People v. Spragney.

For Deliberation and Argument.

Group 3 Readings: Crimes of Passion.

The Deluded Doctor, Davis v. State. Sexual Escapades and Murder, People v. Spurlin. Two Men and a Woman, Whitsett v. State. The Desperate Law Student, State v. Thornton.

For Deliberation and Argument.

Group 4 Readings: Battered-Woman Syndrome.

"I Didn't Think I Would Do It," People v. Reeves. Defending the Battered Wife: A Challange for Defense Attorneys, B. Carter Thompson. Susan and Dwayne, State v. Daws.

Judge's Instruction to the Jury: Battered-Woman Syndrome.

The Abusive Doctor, Ibn-Tamas v. United States. "It Was Time to Get Out, Time to Leave," Lentz v. State. "Hit Him Again. Kill Him. Hit Him Again," State v. Smith.

For Deliberation and Argument.

Group 5 Readings: Felony Murder.

A Prison Breakout and the Death of a Family, Tison v. Arizona. Killing in a Gas Station, People v. Washington. Murder by Heart Attack, People v. Stamp. Burglary and Death, People v. Hickman.

For Deliberation and Argument.

5: Sexual Harassment.
Group 1 Readings: What Is Sexual Harassment?

Quid Pro Quo, Catherine A. MacKinnon. What Is Sexual Harassment?, Tracy O'Shea and Jane LaLonde. But Is It Harassment?, Monica E. McFadden.

For Deliberation and Argument.

Group 2 Readings: Two Hypothetical Scenarios.

Keeping a Sexual Harassment Journal. Courtroom Testimony: Hostile Work Environment at School.

Model Jury Instructions for Hostile Work Environment Harassment Case, B. Henry Allgood.

For Deliberation and Argument.

Group 3 Readings: Hostile Work Environment.

Model Student Paper: Abusive Words, Offensive Pictures, Zabkowicz v. West Bend Company.

Paper Topic. Commentary, Rough Draft. Commentary, Final Draft.

A Case of Male Sexual Harassment, Hopkins v. Baltimore Gas and Electric. The Abusive Cardiologist, Kopp v. Samaritan Health System. The Love Letters, Ellison v. Brady. The Aftermath of Love, Carter v. Caring for the Homeless of Peekskill, Inc. and Foy. Statutory Law on Sexual Harassment, Title VII, Civil Rights Act of 1964; Code of Federal Regulations.

For Deliberation and Argument.

Group 4 Readings: Quid Pro Quo.

The Casting Couch, Stockett v. Tolin. Harassment at a Brokerage House?, Dockter v. Rudolf Wolff Futures. Female Manager Harasses Male Worker, EEOC v. Domino's Pizza. Retaliatory Discharge?, Tunis v. Corning Glass Works. A Case of Soured Love, Keppler v. Hinsdale Township High School. Model Jury Instructions for Quid Pro Quo Harassment Case, B. Henry Allgood.

For Deliberation and Argument.

6. Freedom of Speech.
Group 1 Readings: The Flag as Symbolic Speech.

"He Soaked it, Ignited it, and the Flag Burned," (Texas v. Johnson) Randall P. Bezanson. Oh, Say Can You See . . . the Point?, John Leo. Here's a Thought: Flag Amendment Is a Bad Idea, Benjamin Zycher. Georgia Governor Wants to Lower Confederate Flag, Eric Harrison and Edith Stanley. A Symbol of White Supremacy on the Georgia Flag?, Coleman v. Miller, Gov. of Georgia.

For Deliberation and Argument.

Group 2 Readings: Student Speech.

The Obscene Election Speech, Bethel School District v. Fraser (a minor). High Court to Test Student Free-Speech Rights, Philip Hager. Model Student Paper: The Censored High School Newspaper, Hazelwood School District v. Kuhlmeier.

Paper Topic. Commentary, Rough Draft. Second Draft. Commentary, Final Draft.

Cissy Lacks: A Teacher Who Didn't Play Safe, James Nicholson. "The Profanity Queen," Lacks v. Ferguson Reorganized School District.

For Deliberation and Argument.

Group 3 Readings: Student Dress and Hair Codes.

Illegal Arm Bands, Tinker v. Des Moines Independent Community School District. Coed Naked Band: Do It to the Rhythm T-Shirts, Pyle v. South Hadley School Committee. The Hostility of Long Hair, Brownlee v. Bradley County Board of Education. Hair and the War, Church v. Board of Education of Saline Area School District.

For Deliberation and Argument.

7. Search and Seizure.
Group 1 Readings: A Hypothetical Scenario of Arrest and Excessive Force.

Courtroom Testimony. Statutory Law. Jury Instructions. Case Law. For Deliberation and Argument.

Group 2 Readings: Police Brutality.

Shoot to Kill!, Palmer v. Hall. Death in the Dredge Pond, Franklin v. City of Boise. "An Inflammable Situation," Lewis v. Downs. "You're Going to Have to Kill Me," Wyche v. City of Franklinton. Detained and Abandoned, Courson v. McMillian.

For Deliberation and Argument.

Group 3 Readings: Searches of Students.

Case Law.

Model Student Paper: Search the Locker, State v. Engerud.

Paper Topic. Commentary, Final Draft.

"You Lied to Me," New Jersey v. T.L.O. "Truancy. That's What I Was Trying to Establish," Coronado v. State. Athletes and Drug Testing, Vernonia School District v. Acton. Illegal Strip Search?, Williams v. Ellington. Cocaine in the Flashlight, People v. Dilworth. Of Guns and Metal Detectors, People v. Pruitt, Cheatham, and Brooks.

For Deliberation and Argument.

8. A Legal Grab Bag.

Broken Engagements.

White v. Finch. Coconis v. Christakis. Lyle v. Durhham.

For Deliberation and Argument. Hot Coffee Spills.

Harris v. Black. Pasela v. Brown Derby, Inc. Rudees v. Delta Airlines. Nadel v. Burger King.

Statutory Law. Jury Instructions on Negligence. For Deliberation and Argument. Parental Responsibility for Destructive Acts by Children.

When the Sins of the Child Point to Parents, Law's Grip is Tenuous, Kim Murphy and Melissa Healy.

The Law on the Duty of Parent to Control Conduct of Child.

Costa v. Hicks. Moore v. Crumpton. Reida v. Lund.

California Civil Code.

Robertson v. Wentz.

For Deliberation and Argument. Aborted Crimes.

Commonwealth v. Perry.

Case Law.

Commonwealth v. Mangula. May v. State. People v. Staples.

California Penal Code. For Deliberation and Argument. High School Sports Injuries.

Whipple v. Salvation Army.

Statements of Law on Assumption of Risk, Negligence.

Grant v. Lake Oswego School District. Clary v. Alexander County Board of Education. Lynch v. Board of Education of Collinsville Community Unit.

School District. For Deliberation and Argument.

Glossary of Legal Terms.Credits.Index.

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