While not comprehensive, it provides a listing of the most important, current, and relevant materials available in this subject area.
Share In his celebrated article, John W. Davis, the leading advocate of his time, observed that the supreme objective of a brief is to convince the judicial mind. Davis, The Argument of an Appeal, 26 A.
What is required is a technique of presentation that will persuade to the optimum. Merlo Pusey of the Washington Post has written me that his remedy was: That seems like a pretty large order, but he seems to have succeeded in many instances. Justice Cardozo told his associates on the Supreme Court that when Hughes appeared before him in New York, he always waited for twenty-four hours to make his decision to avoid being carried away by the force of Mr.
Legal research should begin at the very inception of the case; that is, when the case comes into the office, prior to the drawing of the pleadings and prior to trial.
It is at this stage that you will decide the legal theory upon which you will prepare and try your case.
The best way to win an appeal is to thoroughly prepare your case on the facts and on the law. Preliminary Statement An appellate brief is usually arranged into various parts: Every part of the brief, including the preliminary statement, should be used to convince the court of your position.
The function of the preliminary statement is to give the court at the outset the jurisdictional history of the case and to tell the court something about the general nature of the case. In almost every case there will be one point of law which will determine the case on appeal.
It will aid the court in reading the brief and prepare the court for the argument portion of your brief. Blatchford, quoted in M. Questions Presented The questions to be determined on the appeal should precede the statement of facts to enable the court to read the facts in light of the questions that must be determined.
Each question presented should be drafted to include the facts that give rise to the issue that is to be determined on the appeal. Thus if one of the issues involved on the appeal was the contributory negligence of the plaintiff, it should be framed to include the facts surrounding said negligence.
All of the material facts must be presented impartially and comprehensively. A plain and simple chronological statement of the material facts is usually the best. In order to generate a statement of facts for your brief, it is necessary to digest the record first—both the transcript of the testimony at the trial and the exhibits.
Digesting is an art. How effectively it is done will determine not only the amount of time consumed, but also the quality of the resulting factual statement. Do not treat it as a routine exercise. Stating facts fully and effectively is considerably difficult, but most important.
Ordinarily, facts determine the law that is applicable to a case and governs the outcome.
Accordingly, facts should always be developed to the full. Every effort should be made to get all the juice out of them. The discovery of a tiny, but significant little nut or bolt may turn what would have been a defeat into a victory.The Art of Oral Argument According to Some of the Best by William M.
Robinson, SDAP Staff Attorney, May brief is the preparation of the meal. A reply brief, then, would be like a small second course, in the Italian mode. sacrament in this Church of Appellate Practice is oral argument. Some wise prophet, at some time in the distant.
Coverage includes: the decision to appeal, technicalities of the appeal, a primer on persuasion, preparation and writing the opening brief, appellee and reply briefs, preliminary considerations before argument, preparation for and presentation of the oral argument, post-argument memoranda, and briefs and petitions for heartoftexashop.coms: 3.
Tips for Better Brief Writing and Oral Argument by Hon.
Donald C. Ashmanskas, US Magistrate, District of Oregon (deceased) BRIEF WRITING 1. Concede Nothing: Judges are impressed by tough heartoftexashop.com your opponent fight for. Winning On Appeal: Better Briefs and Oral Argument When the late Ruggero J.
Aldisert wrote Winning on Appeal in , it became an instant classic in law school classrooms and appellate law practices across the country. Preparation and Delivery of Oral Argument in Appellate Courts, 22 Am.
J. Tr. Advoc. , () (stating that one of two uses for oral argument is to allow counsel to respond to the court’s concerns). Appellate Brief and Oral Argument Research for 1Ls: General Resources or sur-reply, and whether it s a lower court or appellate brief.
A Brief Guide to Brief Writing will enable brief writers to understand and tell the client s story, in a persuasive and effective manner." It also includes access to helpful PowerPoint slides for use in.