Stone Moot Court Brief Writing and Oral Advocacy Workshop.

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Presentation transcript:

Stone Moot Court Brief Writing and Oral Advocacy Workshop

Your name is on the brief! The Law School’s name is on the brief!

Purpose of Brief Every sentence must support your case! Every sentence must support your case! Persuade the court Persuade the court Make positive arguments Make positive arguments Do not make opponent’s case Do not make opponent’s case “Appellant will argue…” “Appellant will argue…”

Questions Presented Question of Law Question of Law Material Facts Material Facts Persuasive Persuasive

Statement of Facts Chronological Chronological Accurate Accurate Sympathetic Sympathetic

Summary of Argument Brief Brief No citations No citations Use headings as a guide Use headings as a guide

Argument Headings Facts plus conclusions Facts plus conclusions Persuasive Persuasive Main headings answer questions presented Main headings answer questions presented Subheadings logically set forth arguments Subheadings logically set forth arguments

The Argument Contention Contention Law Law Apply Apply Conclude Conclude

Contention Statement of Law and material facts Statement of Law and material facts What you want court to find What you want court to find

Law Case law Case law Why is case relevant Why is case relevant Use of Parentheticals Use of Parentheticals Other authority Other authority

Apply The “in this case” section The “in this case” section Use the facts of the case Use the facts of the case

Conclusion Restates contention Restates contention What you want the court to find What you want the court to find

Use of Authority Any statement of law Any statement of law Limit string cites Limit string cites Use of parentheticals Use of parentheticals Avoid block quotes Avoid block quotes Don’t ignore unfavorable authority Don’t ignore unfavorable authority Use proper Bluebook form Use proper Bluebook form

Writing Tips Be positive Be positive Lead from strength Lead from strength Simple language Simple language Short sentences Short sentences Use transitions Use transitions

The Three “P’s” Passive Passive Prepositions Prepositions Pronouns Pronouns

Edit and revise! Save time to edit Save time to edit Read your partner’s section Read your partner’s section Save time to put parts of brief together Save time to put parts of brief together

Every sentence should advance your case!