Overview of Spring Semester The Appellate Brief and Moot Court

Methodology Content Ambiguity

Methodology Content Ambiguity It depends… upon Analytical Categories

Persuasive vs. Predictive Writing Last semester we concentrated on predictive writing in the development of legal memoranda. This semester we will concentrate on persuasive writing in the development of a court brief. This semester you will write as an advocate of a legal position

Compare Memos with Briefs MemorandumBrief ToneProfessional/Uses suggestive Objectiveword choices AudienceSupervisingJudge deciding attorneycase PurposeTo informTo persuade OrganizeAround ruleStrongest first FactsOrderly presentationPlay up good facts

Adverse Facts and Authority MemorandumBrief Adverse Disclose and discuss Neutralize Factsadverse facts highlight favorable AdverseExplain and discussDetermine if you Authoritymust disclose. If so, distinguish. Use of lawIRACIRAC but shape cases and counter- arguments more in your favor.

Moot Court Introduction Moot court requires you to analyze, brief and argue a single appellate case. Your two drafts of a brief on appeal will be followed by practice oral arguments, and will culminate in a final argument before a bench of your legal writing professor and third year moot court board members.

Moot Court Purposes There are several purposes for moot court: 1) It is the first real experience of acting as an attorney, and as such you will manipulate the law to the facts in a way that you have not done so until now.

Moot Court Purposes 2) Moot court gives legal principles a specific context by way of the facts of your case and causes you to integrate both the procedural and substantive aspects of your case.

Moot Court Purposes 3) Finally moot court causes you to spend enough research time on a single legal issue to learn to appreciate the nuances of the law in a specified area and be able to argue the issue orally.

Moot Court Details 1) On Thursday, January 22, you will be given the case which you will have to argue on appeal. You should read over the problem carefully. 2) You and a partner will have an opportunity to sign up as Appellants or Appellees. 3) In your brief, you will argue both issues on appeal but in your oral arguments, you will argue one issue and your partner will argue the other. Two other students will the other side of these issues.

01/20/04Receive Research Exam 01/22/04Receive Appellate Problem 01/26/04Research Exam Due 02/09/04Source List and Outline Due 02/26/04First Draft of Brief Due Law Week 03/25/04 Final Drafts Due Spring Break 04/05/04Practice Oral Arguments 04/12/04Final Oral Rounds Begin

Odds and Ends Grades/Final Drafts of Appellate Brief Research Classes and Exam, MLK make-up Lexis Training and Court Watching (Appellate Argument-March 16) Internet site: (The ID/Password is “moot” and then“court”

Writing Legal Letters Opinion or Advice Letters Letters to an Adversary Letters to Third Parties Transmittal/C.Y.A./Cover Letters

Writing Legal Letters Audience Purpose To counsel To persuade To inform Strategy Persona Tone* Law & Facts Organization

Demand Letters Typically demand letters are written by the plaintiff’s attorney when ? at the very beginning of a dispute before a complaint has been filed. Generally they are written to avoid the costs of brining a suit in low profile cases. Or as a means of making reasonable attempts to settle.

The Form of Demand Letters Firm Letterhead Date Method of delivery (Certified/Return Receipt) Recipient’s address block “Dear”* Body of Letter (single spaced) Closings* Enclosure CC:List any others receiving a copy

The Body of Demand Letters The body of the letter starts with an introductory paragraph where you introduce yourself and state the purpose of the letter. Stating the purpose of the letter is like the Questions Presented section of the legal memo. Next give a brief summary of the facts but don’t lock yourself in. This is like the Statement of Facts in the legal memo.

The Body of Demand Letters State your position and an explanation of your position. This is similar to the Legal Discussion or application section of the legal memo. You may include case law with case discussions and citations if necessary. If so give the law before applying it to your facts- (consistent with IRAC) Conclude with any warnings, limitations or explanations of the next step.

Demand Letter Assignment 1) Write a demand letter on an issue of your own addressed to a person of you own choosing. OR 2) Write a demand letter for a cousin Peter Miller who recently had problems with his new home (see hand-out). This assignment must be typed and completed in 1 to 2 pages (single spaced). It is due in class Thursday, January 15, 2004.

Student Interviewing Cover Letters and Thank You Letters