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Conventions |
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Statement of Facts |
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Point Headings and Subheadings |
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Argument |
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Persuasion |
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Citations |
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Letters |
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Effective Writing
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Caption, closing, & certificate of service: Follows Arkansas model and provides complete, accurate caption (court, docket number, case name, designation). Uses "Respectfully submitted" closing, with attorney signature, name (pseudonym), i.d. number, address, and phone. Provides complete, accurate certificate of service, with attorney signature.
Content: Identifies parties and nature of case, including relevant procedural history, if any. Includes all facts material to disposition of motion, whether favorable to client or not. Omits irrelevant facts and non-material facts not favoring client. States facts with accuracy; does not misstate or exaggerate facts. Does not characterize assumptions or inferences as fact. Presents sufficient detail concerning every significant fact later used in Argument. Includes sufficient background information so that judge (not being familiar with the case) can understand what happened. Provides citations to sources of factual assertions. Avoids any form of argument; does not discuss or cite authorities relevant to motion or its disposition.
Organization & persuasion: Logically organizes factual information. Narrative makes sense on a single careful reading. Engages judge’s attention and interest in the case. Presents facts from a favorable point of view. Uses variety of persuasive techniques to cast facts in a light favorable to client (detail, sentence and paragraph structure, word choice, emphasis).
Content: Point heading assertively states an affirmative and dispositive ground for relief and is worded broadly enough to encompass supporting sub-points. Each sub-heading states legal and/or factual support for point heading to which it is subordinated.
Organization & structure: Together, point headings and sub-headings present logical and persuasive outline of Argument. If using sub-headings under a point heading, provides at least two of them. Writes a full sentence for each heading or sub-heading; avoids using mere topical headings or sub-headings. Keeps subjects and verbs close together; uses similar grammatical construction for headings on same level.
Umbrella section; issue identification: Begins Argument with umbrella section summarizing general rule and policies of general application; asserts client’s claims for relief; explains order in which points will be presented; explains departure, if any, from judge’s likely expectations of rule(s) or organization. Addresses all necessary issues and sub-issues. Avoids discussion of theories or issues that are unrelated to relief sought by motion.
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 ("prayer for relief") setting out requested relief from trial court.
Choice and use of authorities: Represents current state of law in controlling jurisdiction. Fully explains (or if necessary, distinguishes) mandatory authorities. Where mandatory authority is absent, selects highly relevant and factually analogous persuasive authorities to illustrate law that supports client’s theory of case. Writes paragraph or thesis sentence to introduce each authority or quotation and establish its relationship to the analysis. For statutes, relies on current law; accurately represents specific statutory language. For cases, provides sufficient information for judge to understand their relevance, applicability, and the courts’ reasoning. Does not treat dictum, concurrence, or dissent as holding. For secondary materials, chooses recent, relevant articles written by authorities in their field. Represents content of all authorities with accuracy and precision.
Analysis/application of law to fact: For each issue, matches important points in rule explanation section to corresponding points in section applying law to fact. Compares key facts from case authorities to client’s facts, emphasizing the legally significant similarities and distinguishing unfavorable aspects. Refers to specific, concrete facts from materials filed with trial court. Avoids assuming the existence of unconfirmed "facts." Explains inferences and factual conclusions judge could draw from case facts. Throughout Argument, provides adequate support for conclusions, both by authority and by application of law to facts.
Theory & emphasis: Presents and adheres to discernible theory of case. Uses detail, positions of emphasis, short sentences, 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 of longer sentences and paragraphs. Resists artificial forms of emphasis such as italicizing, underling, or exclamation marks. Avoids sentimentalism, exaggeration, sarcasm, or disrespect.
Assertiveness: Begins the paragraph underneath a heading with an assertive statement of client’s position on the issue covered by that heading. Addresses client’s argument before responding to or attacking opponent’s position on issue. Always presents argument from client's point of view. Avoids using language that is defensive, tentative, or inconclusive.
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. Where possible, places citations into their own citation sentences following propositions they support; generally avoids using embedded citations. Never uses citation as subject of sentence. Never begins sentence with section symbol (§), a similar symbol, or a numeral.
Components & rule compliance: Full citations contain all basic components required by ALWD Citation Manual, including subsequent history, if any. Citations comply with ALWD rules and tables for court rules, statutes, case names, secondary materials, abbreviations (including names of courts), underlining (or italicizing) and spacing. Correctly uses signals (ALWD Rule 44) to indicate the type and degree of support or contradiction the cited authority provides for the argument. Correctly punctuates string citations, if used. Avoids abbreviating words in case names used in textual sentences, except as permitted by ALWD Rule 2.3.
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. Provides all necessary information for each short form citation. Each citation to case or secondary authority, including short form citation, provides specific page references (pinpoints) wherever possible. When id. is the short form citation, appends "at [page number]" only when pinpoint is different from last page cited (E.g., Id., Id. at 11). Statutory citations provide specific sections and sub-section(s).
Format & Style: For each letter, uses standard business format for and accurately sets out date, address of recipient, salutation, and closing. Types "name" (pseudonym) underneath signature. Avoids using stilted or archaic language, legalese (e.g., herewith), or inverted sentences (e.g., Enclosed please find . . . ). Maintains a courteous and professional tone. Transmittal letter does not exceed one page; status letter does not exceed two pages.
Content: Transmittal letter to opposing counsel identifies case and enclosed materials. Status letter to client summarizes current status of case and the position taken in the brief in clear and simple language.
Grammar, quotations, spelling, and proofreading: Writing 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 and letters appear to have been carefully spell-checked and proofread to eliminate typographical errors, spelling mistakes, and omissions.
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 of sentences by avoiding overly long or convoluted constructions; eliminates unnecessary words, phrases, and clauses. Writes thesis sentences to begin paragraphs; limits coverage of each paragraph to a single topic or proposition; arranges ideas in logical sequence. Breaks up long paragraphs (greater than 2/3 page) into smaller discrete units; combines underdeveloped paragraphs into larger units that treat same topic. Uses transitional words or expressions to move from completed discussion of an issue to new material or to establish connections between ideas. Uses legal terminology with accuracy. Writer follows conventions of formal, traditional legal writing. Writer capitalizes "Court" when referring to the court to whom the brief is addressed.
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.
