PARTS OF THE APPELLATE BRIEF

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PARTS OF THE APPELLATE BRIEF

• 1. INTRODUCTION OR PRELIMINARY STATEMENT
• FIRST PART READ
• SETTING THE TONE
• WRITE FIRST OR LAST?
• 2. STATEMENT OF FACTS
• MORE TO COME
• 3. STATEMENT OF THE CASE
• MUST GIVE PROCEDURAL HISTORY

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MORE PARTS

• 4. STATEMENT OF THE ISSUES
• NOT IN ALL COURTS
• MUST STATE PRECISELY
• 5. STANDARD OF REVIEW
• IN TODAYS READING
• 6. ARGUMENT
• 7. CONCLUSION

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STATEMENT OF FACTS

• RULE 14 MUST KNOW THE REQUIREMENTS
• INCLUDES
• (1) PROCEDURAL BACKGROUND
• (2) FACTS OF THE SUBSTANTIVE CASE

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GOAL OF STATEMENT OF FACTS

• PROVIDE THE COURT WITH THE INFORMATION IT NEEDS
  TO DECIDE THE CASE
• IN A CLEAR AND SIMPLE FORM.

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CHICKEN OR EGG? WHEN TO DRAFT THE STATEMENT

• THE PROBLEM
• 1. NEED FACTS TO DRAFT THE ARGUMENT
• 2. NEED ARGUMENT TO KNOW WHAT FACTS ARE
  IMPORTANT
• DRAFT STATEMENT LAST? NO.
• FOR OUR PROBLEM DRAFT AND REVISE

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ACCURACY AND THEFAVORABLE LIGHT

• PREDISPOSE COURT TO FAVOR YOUR CLIENT (BUT AVOID
  HYPERBOLE OR MISREPRESENTATION)
• KEY WELL-CHOSEN WORDS
• SEE EXAMPLE READING HANDOUT NO. 2 P. 23

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DRAWING FACTS FROM THE RECORD

• 1. THE USUAL CASE
• TRIAL TRANSCRIPT AND PLEADINGS
• 2. OUR CASE THE ADMINISTRATIVE RECORD

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10 RULES FOR STATEMENTS OF FACTS

• MAKE THE STATEMENT COMPLETE COURT SHOULD HAVE
  ALL THE FACTS IT NEED
• COROLLARY OMIT EXTRANEOUS FACTS
• CHRONOLOGY OR TOPIC?
• TELL A STORY PERSUADE THE READER. BUT.

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THE TEN RULES (CONTINUED)

• BE SCRUPULOUSLY ACCURATE.
• USE AN OPENING PARAGRAPH TO ORIENT THE READER
• USE SUBHEADINGS TO DRAW THE READER
• SEE EXAMPLE READING HANDOUT NO. 2 P. 25

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THE TEN RULES (CONTINUED)

• 8. DEAL WITH ADVERSE FACTS
• 9. SUPPORT EACH FACT WITH A CITE TO THE RECORD
• 10. DO NOT INCLUDE ARGUMENTS IN YOUR STATEMENT OF
  FACTS

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EXAMPLES

• READING HANDOUT NO. 2 P. 25
• READ WHICH CONFORM TO THE RULES? WHICH DO NOT?

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PROCEDURAL HISTORY

• FUNCTION TELL THE COURT HOW THE CASE GOT THERE.
• COURT WILL UNDERSTAND WHO THE PARTIES ARE WHOS
  THE APPELLANT, ETC.
• COURT CAN ASSURE ITSELF OF JURISDICTION

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PROCEDURAL HISTORY (CONT.)

• BREVITY IS IMPORTANT, BUT
• DO NOT LEAVE OUT KEY PROCEDURAL DECISIONS
  IMPORTANT TO THE APPEAL.
• EXAMPLES READING HANDOUT NO. 2 P. 31