Legal research and writing quiz
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Putman4ePPT_ch18.pptxEXTERNAL MEMORANDA: COURT BRIEFS
Chapter 18
1
General Considerations: Similarities—Briefs and Memos
Similarities—Court Briefs and Office Memoranda
Legal writing process (3 stages)
Basic content
Analysis approach
General Considerations: Dissimilarities—Briefs and Memos
Dissimilarities—Court Briefs and Office Memoranda
Memos are objective; briefs should persuade
Brief format is dictated by court rules
General Considerations: Court Brief Persuasiveness
Court Briefs
Issue
Is the law correctly presented, stated persuasively, and accurately cited?
Are the law, question, and key facts included and stated persuasively?
Are the key and background facts included and stated persuasively?
Statement of Facts
Are the facts favorable to the client’s position placed at the beginning and end of the factual statement?
Are short sentences used to emphasize favorable information and long sentences used to deemphasize unfavorable information?
Is active voice used to emphasize favorable information and passive voice used to deemphasize unfavorable information?
Are words chosen that introduce the client’s facts in the most favorable light and the opponent’s facts in the least favorable light?
General Considerations: Court Brief Persuasiveness, Cont.
Court Briefs, Continued
Argument: the heart of the brief
The law in support of your position
The analysis of the law
The argument that your analysis is valid and the opposition’s analysis is invalid
Organization
Issue presentation: strongest arguments first
Rule of law presentation
Case presentation
Argument order: your argument, counterargument, rebuttal to counterargument
Word choice: positive, confident language
Issue headings
Trial Court Briefs: Overview
Audience
The judge assigned to the case
Constraints
Major constraints are usually imposed by local court rules: time, format, style,
Trial Court Briefs: Format
Format: varies among courts
Caption
Name of court
Names and statuses of parties
File number and type of case
Title of document
Table of Contents
Table of Authorities
Trial Court Briefs: Format, Cont.
Format, Continued
Preliminary Statement
Identification of parties
Procedural events
Description of matter
Relief sought
Question(s) Presented
Statement of the Case
Argument Section
Argument summary
Point headings
Argument format
Conclusion
Appellate Court Briefs: Overview
Appellant
Individual who appeals
Appellee
Individual who opposes the appeal
Audience
Usually a panel of three or more judges and law clerk
Constraints
Appellate court rules are usually very detailed
Appellate Court Briefs: Format
Format: varies by jurisdiction
Cover Page/Title Page
Name of appellate court
Number assigned to appeal
Parties’ names and appellate status
Name of lower court
Name and address of attorney submitting the brief
Table of Contents/Index
Table of Authorities
Appellate Court Briefs: Format, Cont.
Format, Continued
Prior Opinions/Related Appeals
Jurisdictional Statement
Question(s) Presented
Statement of the Case/Statement of Facts
Argument Section
Summary of argument
Point headings
Body
Conclusion
