ABSTRACT
This chapter is about advocacy in first instance civil trials and in arbitration. The first part introduces what advocacy is and the skills it requires. The second part focuses on written advocacy. It compares court documents used in English litigation to those used in US litigation and arbitration, and gives an overview of persuasive legal writing techniques. The third part looks at oral advocacy. It presents language for describing people in a trial and the order of proceedings. It also considers how to present in court in a persuasive manner using language effectively. Throughout the chapter, there are exercises relating to legal terminology used in BrE, AmE, and arbitration, and expressions to make comparisons.
The chapter ends with a role-play cross-examination scenario. The scenarios used in this chapter focus on cases in the courts of England and Wales. However, the skills can be adapted to other English-speaking courts, such as those in the USA and to arbitration hearings.
By the end of the chapter, you should be able to:
describe different documents used in legal proceedings
make comparisons between documents across jurisdictions
understand a range of persuasive techniques in written and oral advocacy
identify the people involved in a trial and the structure of a trial
use appropriate language to address people in court and ask questions
