updated March 16, 2007
Conventions
Points on Appeal & Argumentative headings
Abstract & Addendum
Statement of the Case
Argument
Persuasion
Citations
Writing
 | Conventions /
Cover, closing, & certificate of service: Provides complete,
accurate information (court, appellate docket number, case name, trial court
appealed from, designation, & attorney contact information, including "bar"
[official exam] number. Uses "Respectfully submitted" closing; with attorney
signature, "name" (pseudonym), official exam #, law firm address, and phone. Provides complete, accurate
certificate of service, with names and addresses of all necessary recipients
and attorney signature.
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| Conventions / Table of Contents
(ToC) and Table of Authorities (ToA): Arranges contents of brief in order
mandated by court rules. Tables present neat, orderly, uncrowded appearance.
ToC provides accurate beginning page numbers for all major sections of brief,
all items in Abstract, all headings and sub-headings, and all items in
Addendum. ToA groups authorities according to court rules; alphabetizes
entries; accurately indexes all page references for all citations
cited under the Points on Appeal (if any) and all citations (including short
forms) used in the Argument.
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| Points on Appeal &
Argumentative Headings / Content, organization, & structure:
Points on Appeal state dispositive issues to be decided by appellate court
and are worded broadly enough to encompass any supporting sub-points, which
are not stated on this page. Within the Argument, point headings and
sub-headings together present a logical outline. If using sub-headings under
a main argumentative heading, provides at least two of them. Each sub-heading
provides legal and/or factual support for the heading to which it is
subordinated. Writes a full sentence for each heading or sub-heading; avoids
using mere topical headings or sub-headings. of argument. Keeps
subjects and verbs close together; uses similar grammatical structure for
headings on same level.
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| Abstract &
Addendum / Format & organization: Provides identifying
information for each item in the Abstract. Provides page reference for each
record page condensed in Abstract. Converts question-and-answer format of
testimony to first-person narrative. Precedes Addendum with a cover sheet;
arranges items in Addendum in same order they appeared in original record.
Provides page numbering of their own for Abstract and for Addendum.
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| Abstract & Addendum / Content:
Abstract condenses material portions of witness testimony and colloquies
between counsel and the court. Abstract fairly and impartially represents
substance of witness examinations and statements by counsel or the court,
even when content is unfavorable to client. Addendum contains such portions
of pleadings, motions, and other documentary parts of the record that are
relevant to the issues on appeal. Addendum omits non-material portions of
documents (e.g., certificate of service appearing on separate page) and
completely omits transcripts of depositions or trial court proceedings.
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Statement of the Case
/ Organization & persuasion: Logically organizes factual
information. Narrative makes sense on a single reading. Does not exceed
length permitted by court rule. Engages reader’s attention and interest in
the cases. Uses a variety of persuasive techniques to cast facts in a light
favorable to client (detail, sentence and paragraph structure, word choice,
emphasis). Tells facts from client’s point of view.
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Statement of the Case /
Content: Identifies parties and nature of rulings appealed from. Presents
the facts most significant to the issues on appeal, including procedural
history. Includes unfavorable facts that are material to the analysis; omits
irrelevant details. Does not misstate or exaggerate facts. Does not
characterize assumptions or inferences as fact. Avoids any form of argument.
Factual sources are cited to Abstract and/or Addendum, not to original
Record.
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| Argument /
Umbrella section(s), standard of review, & issue identification:
Begins Argument with umbrella section summarizing general rule and policies
of general application, citing sources. Identifies, explains, and cites
sources for applicable standard(s) of review. Explains order in which points
will be presented, and explains any departure from reader’s expectations of
rule(s) or organization. Argument addresses all necessary issues and
sub-issues, but avoids discussion of issues or theories that are not
preserved for review by appellate court (three Rs: Raised, Responded to,
Ruled on).
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Argument / Ordering &
organization: Organizes argument around issues, not authorities.
Treats threshold issues (if any) first. Selects logical order of issues.
Divides large issues into logical sub-issues. Sets out and fully explains
rules before arguing their application to facts. Avoids repetition of matters
already stated. Explicitly states conclusion for each issue and sub-issue.
Ends brief with short conclusion section setting out requested relief from
appellate court.
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| Argument / Choice & use of
authorities: Represents current state of law in controlling jurisdiction; does
not use unpublished cases. Fully explains (or if necessary, distinguishes)
mandatory authorities. Where mandatory authority is not present,
selects highly relevant and factually persuasive
authorities to illustrate law that supports client’s theory of the case.
Writes paragraph or thesis sentence to introduce each authority or quotation
and establish
its relationship to the analysis. In advocating issue of first impression,
discusses appropriate policy considerations. For statutes, relies on current law;
accurately represents specific statutory language. For cases, provides
sufficient information for reader to understand their relevance,
applicability, and the courts’ reasoning. Does not treat dictum, concurrence,
or dissent as holding. For secondary materials, chooses recent, relevant
materials written by authorities in their fields. Represents content of all
authorities with accuracy and precision.
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| Argument / Analysis &
application of law to fact: For each issue, matches important points in
rule explanation sections to corresponding points in sections applying law to
fact. Compares key facts from case authorities to client’s facts, emphasizing
legally significant similarities and distinguishing unfavorable aspects.
Refers to specific, concrete facts from materials in Abstract or Addendum.
Avoids assuming the existence of facts not found by lower court; uses only
facts and supported by the record. Throughout Argument, provides adequate
support for conclusions, both by authority and by application of law to fact.
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Persuasion
/ Theory & emphasis: Presents and adheres to discernible theory
of case. Uses detail, positions of emphasis, short sentence, and short
paragraphs to highlight favorable information and analysis. De-emphasizes
unfavorable law or facts by referring to them more generally, with less
detail, and by placement in subordinate positions in longer sentences and
paragraphs. Avoids using sentimentalism, exaggeration, or sarcasm to sway the
Court.
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Persuasion / Assertiveness:
Begins the paragraph underneath a heading or sub-heading with an assertive
statement of client’s position on the issue covered by that heading.
Addresses client’s position before stating or responding to opponent’s
position on issue. Always presents argument from client’s point of view.
Avoids using language that is defensive, tentative, or inconclusive.
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Citations /
Frequency & placement: Cites authority for each statement of statute,
rule, holding, court's reasoning, case facts, or quotation. Provides full
citation the first time authority is mentioned; thereafter, uses short form
for that authority's citation in same general discussion. Repeats full
citation of previously cited authority upon its first mention in a new
subdivision of Argument. Never cites a West synopsis or headnote. Generally
avoids using embedded citations. Never uses citation as subject of sentence.
Never begins sentence with section symbol (§), a similar symbol, or a
numeral. Correctly places citation following block format quotation.
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Citations / Components & rule
compliance: Each full citation in ToA and in Argument contains all basic
components required by ALWD Citation Manual, including subsequent
history, if any. Complies with ALWD rules and
tables for elements, formatting, and abbreviations of particular type of
cited authority. For cases, provides parallel citations to official and
unofficial reporters. Correctly uses signals (ALWD Rule 44) to indicate the
type and degree of support or contradiction the cited authority provides for
the argument. Correctly orders and punctuates string citations, if used.
Avoids abbreviating words in textual sentences, except as permitted by ALWD
Rule 2.3.
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Citations / Short forms &
pinpoint references: Uses id. where appropriate; correctly
abbreviates and underlines or italicizes id. For other short forms, follows format set out in ALWD
Rules for the particular source being referenced. Each citation to case or
secondary authority, included parallel citation and short form citation,
provides specific page references (pinpoints) wherever possible. When
id. is short form citation, appends "at [page number]" only when
pinpoint is different from last page cited (e.g., Id., Id.
at 11). For rules and
statutes, provides specific sub-section(s).
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Writing /
Grammar, quotation, spelling, and proofreading: Complies with
standards of good grammar, punctuation, usage, and mechanics. Quotes
sparingly; prefers
paraphrase to quotation. Quotes accurately; always indicates (via
quotation and citation) phrases or passages taken directly from authorities.
Uses block format for lengthy quotations and correctly places its citation. Correctly punctuates quotations;
correctly indicates omissions or alterations to quoted material by use of
ellipsis and brackets. Correctly spaces ellipsis; keeps ellipsis dots
together on same line. Brief appears to have been carefully
spell-checked and proofread to eliminate typographical errors, spelling
mistakes, and omissions.
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Writing / Readability,
paragraph construction, transitions, language, & tone: Avoids overly long
and "front-loaded" sentences; also avoids choppy, headnote-style sentences.
Generally keeps subjects and their verbs close together. Resists overuse of
passive voice. Promotes readability by avoiding overly long constructions;
eliminates unnecessary words, phrases, and clauses. Writes thesis sentences to
begin paragraphs; limits coverage of each paragraph to a single topic. Breaks up long paragraphs into smaller
discrete units; combines underdeveloped paragraphs into larger units that
treat same topic. Uses transitional words or expressions to lead reader from
completed discussion to new material or to establish connections between
ideas. Uses legal terminology with accuracy. Writer follows conventions of
formal, traditional legal writing.
Capitalizes "Court" only when referring to court to whom brief is directed,
to United States Supreme Court, or in the course of referring to any other
court by its full proper name. |
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Remember to consult
the Brief Format
Requirements to ensure that you have properly addressed all
matters of format.
Failure to
conform your assignments to these requirements will result in the indicated
penalty point deductions from the brief grade.
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