For Ressearcher_D Only

***NOTES on WEEK 5***

This week continues work on your appellate brief. When writing for the court, remember that more often than not, they don't care what you THINK. You must make your arguments as compelling as possible through thorough legal analysis.

Your goal is always to find Primary/Mandatory Authority. Note that on point case law can be argued in 2 different ways:

1) The facts and legal issues are similar enough that an opinion which supports your arguments must be followed;

2) The issues are similar, but the facts differ to such an extent that the legal reasoning simply does not apply in your client’s case.

Remember to a) cite the law; b) discuss the law; c) apply the law to the facts in your case.

While legal writing may seem dry, it is nevertheless, an art form and you can now appreciate how research, writing, etc. all come together. Remember the basics of Legal Analysis (IRAC) as studied and applied in your Memo assignments in Paralegal One. Identify your legal issues. Phrase them in the form of questions that specifically address errors of law by the lower court. Consider your Authority in full and make your arguments (analysis) through comparing the similarities between the facts in your case law and the case you are arguing.

A very simplified appellate brief is available for your review in the Sample Documents folder on the course main page under the Welcome Banner (middle column directly above Course Resources) -- note that format may vary, so feel free to simply format your brief according to that example.

Test Notes:

Section One:

As noted in response to Test 1, you must correctly identify your local trial court as well as the court in which the appeal will be heard. Correctly identify your parties and their identification/role at trial and on appeal. Remember that this is a criminal case – identify the plaintiff correctly.

The brief in the Sample Documents folder under Course Resources includes a Cover Page. A Notice of Appeal is provided below.

Section Three:

Review pages 308 – 314 in Statsky Ch. 7 and provide a COMPREHENSIVE Brief [pg.s 313-314] of any opinions you will be relying on in your arguments for Kant III (appellate brief) (THESE PAGES ARE PASTED AT THE END OF THIS DOCUMENT ) – If you are arguing more than one case in the brief, you may provide thumbnail briefs for this section of the test. When you brief a case, you need to include the complete correct citation, the facts, the issues, the holding, the reasoning, and the disposition of the case.

DO NOT BRIEF KANT!!!!

NOTE, you are briefing cases located in your research, this is NOT the actual appellate brief.

I know it's been a long few months. You've all worked exceptionally hard and you should be proud of all you've accomplished. If you're feeling burned out, take a short break before jumping into the actual composition of the app. brief (your research should be near completion)

Good Luck! Daire

Appellate Links:

http://law.duke.edu/curriculum/appellateadvocacy/guide.html

Note, if the link above does not work, copy/paste it into your browser)

http://www.appellate.net/articles/gdaplbrf799.asp

http://www.appellate.net/briefs/defaultNew.asp

Samples for REVIEW ONLY – watch plagiarism)

Sample Notice of Appeal

Note that you will need to correctly identify your court by county, district, etc., based on your state court structure. Your case will NOT be brought in the federal courts.

United States District Court for the Middle District of Fiction

Marcia Hanson,

Plaintiff ,

v. File Number _______

John and Rita Smart,

Defendant,

NOTICE OF APPEAL

Notice is hereby given that Marcia Hanson, Plaintiff, in the above named case hereby appeals to the United States Court of Appeals for the 11th Circuit from the final judgment entered in this action on the ___ day of ______, 200_.

DATED:

_____________________

Attorney for the Appellant

000 Any Street

Any City, Any State 00000

Here is the STATE INFORMATION VIA IN RESPONSE TO TEST ONE regarding reporters:

Virginia

Example: Virginia: Richmond County

VA Supreme Court – binding on VA Court of Appeals; VA Circuit Courts; VA District Courts

· Official Reporter: Virginia Reports (Va)

· Unofficial Reporter: South Eastern Reporter (S.E.2d)

VA Court of Appeals – binding on VA Circuit Courts, VA District Courts

· Official Reporter: Virginia Court of Appeals Reports (Va.App)

· Unofficial Reporter: South Eastern Reporter

Richmond County Circuit Court - 15th Judicial Circuit – binding on District Courts within 15th Judicial Circuit

· Official Reporter: None

· Unofficial Reporter: Virginia Circuit Court Opinions [Select opinions only] (Va. Cir)

Richmond County District Court 

Opinions from this court are not published

Federal

US Supreme Court

Opinions binding on all State and Federal Courts

Official Reporter: U.S. Reports (U.S.)

Unofficial: Supreme Court Reporter (S.Ct.)

  Lawyer’s Edition (L.Ed.)

US Court of Appeals – 4th Circuit

· Official Reporter: None

· Unofficial Reporter: Federal Reporter (F.3d)

US District Court Eastern District of VA

· Official Reporter: None

· Unofficial Reporter: F.Supp. 2d

PAGES 308-314