Brief writing and oral argument

To begin with the end in mind means to begin with a clear understanding of your destination. Professor Garner shares his accumulated knowledge about the likes and dislikes from judges all across the country. In appropriate cases, appellate court precedent is open for reexamination and critical analysis in a way that would be inappropriate in front of a trial judge.

The fuzzier the issue, the harder you make it for the court to make a focused decision in your favor. With one important exception, these sections are not important in the scheme of things. Please note that the list price is for the purchase of an individual license for a single viewing by a single viewer.

There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers. Crafting an appeal is a thought-intensive process. Meanwhile, New Jersey courts apparently demand that lawyers, when citing statutory codes and case reporters, italicize the codes and reporters — e.

Law and Reserve Room KF Research An appellate lawyer should relish researching the case, as well as arguing it. Obsession with detail goes a long way in the appellate process.


A direct appeal of a state conviction is part of the criminal case; federal habeas corpus cases are, of course, civil cases that collaterally challenge the criminal conviction. The Table of Contents as a whole should summarize your argument, but no individual heading needs to do so.

Webb Center for Advocacy is one of the most well-respected advocacy programs in the U.

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The Justices have read these briefs prior to argument and are thoroughly familiar with the case, its facts, and the legal positions that each party is advocating. Despite this, many appellate briefs do not even address this critical element or gloss over it with little rigor. In federal court, oral argument is by invitation only — so the fact that it takes place at all means that the judges do want to hear it.

Stay tuned for the next and final part of this series, which will cover the remaining sections of a Supreme Court brief. The occasional, relatively short, block quote is fine. Title and Citation The title of the case shows who is opposing whom.

4 Brief-Writing Tips from the Delaware Supreme Court

If, for example, the case involves the meaning of the AEDPA statute of limitations, you do not need to provide the state criminal statute the defendant was convicted of violating.

If you want to orally argue, be prepared and flexible — the judges may interrupt you and the other side to ask questions about your case and the laws and other cases that you cited or should have cited.

Brief Writing and Oral Argument

It provides step-by-step instructions on how to approach a brief and a number of helpful examples. Garner Utilizing the kitchen sink approach in asserting arguments is detrimental to your case.

The process calls for an argument to be crafted through constant edits and numerous rewrites. The value of oral argument today is primarily in the opportunity it gives counsel to emphasize the essentials of his or her case and, through dialogue with the court, to answer whatever doubts have been left in the minds of the judges after reading the briefs.

oral argument," and to supply "orientation for the reader confronted with the problem of writing a brief and the argument of a case on appeal." This is.

An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting the issues involved in the case from the perspective of one side only.

The brief has become a part of the argument, so that oral argument is now intended merely “ to amplify, articulate and highlight the main points in the brief, whenever necessary.” 19 So most of the time, a counsel simply relies on his brief and adopts the argument therein as his.

Brief Writing Checklist Oral Argument Preparation Checklist APPENDICES Appendix A Standards of Review Appendix B Issue Statements and Point Headings Appendix C The Brief: Statement of the Case Appendix D The Brief: Summary of the Argument TABLE OF AUTHORITIES INDEX. Show More.

Customer $ )day will have read the briefs before the oral argument. The brief, therefore, is the The brief, therefore, is the tdges 1 introduction to the case, and a talented brief .

Brief writing and oral argument
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