Court Briefs

Introduction

·         trial court brief is often referred to a memorandum of law or a memorandum of points and authorities

·         legal memorandum brief submitted to a trial court is referred to as a trial brief and a brief submitted to a court of appeals is referred to as an appellate court brief

General Considerations

Similarities - Court Briefs and Legal Research Memorandums

Legal Writing Process

Pre-Writing Stage

·         assignment - (type of brief and audience

·         constraints - (time, length and format)

·         organization - (creation of an expanded outline)

Writing Stage

Post-Writing Stage

·         revising

·         editing

Legal Analysis - Court Brief Organizational Approach

·         name of case

·         facts of case - sufficient to demonstrate case is on point

·         rule or legal principle from case that applies to client's case

Conclusion: Provide a Summary of the Legal Analysis

Issues - Persuasive Presentation - Checklist

·         Law Component - Is the law correctly presented, stated persuasively and accurately cited?

·         Question Component - Are the law, question and key facts included and stated persuasively?

·         Fact Component - Are the key facts and background facts included and stated persuasively?

Statement of Facts - Persuasive Presentation

·         Placement of Facts - are the facts favorable to the client's position placed at the beginning and end of the factual statement?

·         Sentence Length - are short sentences used to emphasize favorable information and long sentences used to de-emphasize unfavorable information?

·         Word Choice - Are words chosen that introduce the client's facts in the most favorable light and the opponents facts in the least favorable light?

Trial Court Briefs

Argument - Persuasive Presentation

Argument Organization

·         Issue Presentation - if there is more than one issue, discuss the issue supported by the strongest argument first

·         Rule of Law Presentation - present in a manner that supports your argument

·         Case Presentation - discuss favorable cases first, followed by unfavorable cases, than a rebuttal emphasizing why the favorable cases should be followed.

Argument Order - (Word Choice) - present your argument with forceful, positive and confident language

Argument - (Point Headings) - draft point headings persuasively

Components of a Trial Brief

·         caption

·         table of contents

·         table of authorities

·         preliminary statement

·         questions - presented - issue

·         statement of case

·         argument

·         conclusion

Components of a Basic Appellate Court Brief

·         cover page / title page

·         table of contents / index

·         table of authorities

·         opinions below / related appeals

·         jurisdictional statement

·         question - presented - issue

·         statement of case / facts

·         summary of argument

·         argument

·         conclusion