Handout 7--Appellate Brief Notes.pdf

Handout 7--Appellate Brief Notes.pdf - Howard University...

This preview shows page 1 - 2 out of 3 pages.

Howard University Technical Writing Pre-Law Jones’ Sections Appellate Brief Format An appellate brief is a piece of persuasive writing used to advocate for a result favorable to your client. Unlike a memorandum, it is not an objective evaluation of your client’s prospects, yet it is essential to remain fair and reasonable in your appellate argument. To retain credibility as an advocate, you must confront both your opponent’s strengths and your own weaknesses, turning each to your advantage whenever possible. Your first draft appellate brief must consist of the following two parts: 1. Questions Presented . State the question presented for review, incorporating significant legal and factual points and framing the question in a way that subtly leads the reader to the intended resolution. The “question presented” corresponds to the “issue” in a memorandum; the most significant difference is that the former is persuasive, the latter objective. Compare the following questions: BAD: Did the court err in refusing to grant a directed verdict for the defendant? BETTER: Did the court err in refusing to grant a directed verdict for defendant at the close of plaintiff’s evidence on the ground that the evidence was insufficient to establish a cause of action for negligence when plaintiff’s evidence showed only that a flat tire forced defendant to park his car on a quiet two-lane street and that plaintiff struck defendant’s car from the rear while traveling sixty miles-per-hour? You should be immediately aware that the “better” question is part of defendant’s brief. 2. Argument . The “argument” corresponds to the “discussion” in a memorandum, and should be persuasive in structure, tone and substance.
Image of page 1

Subscribe to view the full document.

Image of page 2
  • Spring '14
  • Logic, Prelaw, Technical Writing Pre-Law, Appellate Brief Format

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern