Announcements:

1
Announcements

• If you have not already done so, sign up as
  Appellant/ee after class today
• Your source list and an outline of the argument
  section are due in class Monday, Feb. 7 (in one
  week).
• There is not an exact number of sources but you
  should not include more than about 30 cases plus
  statutes. Divide the sources according to issue
  and include full case names and citations.

2
Announcements

• Please double space your outline and limit it to
  two pages. Limit the source list to two pages
  double spaced.
• See the sample for the appropriate form for the
  outline, but your outline may look different in
  respect to the sample in such things as point
  and sub-point headings, placement of cases,
  statutes etc.
• Turn in your Standard of Review assignment on the
  note cards provided. I will return these on
  Thursday.

3
Persuasive Point and Sub-Point Headings

• Outlining the Argument
• Section of the Appellate Brief
• .

4
Point Headings

• Point headings are persuasive summaries of the
  main arguments in your appellate brief.
• Point headings are even more important in the
  appellate brief than they were in the memo.
• Because in the Table of Contents, along with
  sub-point headings, they should provide your
  reader with an outline and summary of your entire
  argument.
• (See sample brief )

5
Point Headings

• Point headings should be conclusory statements
  about the legal issues which are favorable to
  your client.
• Each point heading should be a single sentence
  that can be immediately understood.
• Point headings should also be forceful and
  argumentative.

6
Organization of Point Headings

• The main point headings need not relate to each
  other but should be organized in a logical order.
• For example Which point heading should come
  first in your problem? How would they differ
  depending upon who you represent?

7
Point Headings should include

• 1) The ruling you want. -Your conclusion of the
  issue

8
Point Headings should include

• 1) The ruling you want,-Your conclusion of the
  issue
• 2) the legally significant facts,-unless it is a
  pure question of law

9
Point Headings should include

• 1) The ruling you want, -Your conclusion of the
  issue
• 2) the relevant law
• 3) and the legally significant facts. -unless it
  is a pure question of law

10
Point Heading Example

• I. THIS COURT SHOULD REVERSE THE ORDER OF THE
  DISTRICT COURT DENYING RICES MOTION TO DISMISS
  (ruling you want) BECAUSE THE MARINOS FAILED TO
  ESTABLISH DIVERSITY OF CITIZENSHIP (the relevant
  law) SINCE RICE WAS PHYSICALLY PRESENT AND
  INTENDS TO REMAIN IN ILLINOIS INDEFINITELY
  (legally significant facts).
• See the hand-out. Which point headings are the
  best?

11
Sub-Point Headings

• Unlike point headings, sub-point headings should
  be indented and are often more factual.
• Like, point headings, sub-point headings should
  be a single sentence which is forceful and
  argumentative.
• Sub-point headings supply specific reasons for
  the contention of the main point headings.

12
Sub-Point Headings

• Sub-point headings should relate to the main
  point headings in a logical and consistent way.
• Sub-point and point headings will be easier to
  read if you keep the subject and verb as close
  together as possible (unlike 18-E,1-B and 3-A,
  Shapo, pp.337, 338).
• Generally, you should have two or more point or
  sub-point headings.

13
Sub-point heading example.

• A. The lower court erred in denying Rices Motion
  to Dismiss because he was physically present in
  Illinois.
• B. The lower court erred in denying Rices Motion
  to Dismiss because he intends to remain in
  Illinois indefinitely.
• (sub-point headings are usually underlined)

14
Sub-sub-point heading example.

• B. The lower court erred in denying Rices Motion
  to Dismiss because he intends to remain in
  Illinois indefinitely.
• 1. Rices personal ties in Illinois are more
  indicative of an intent to remain there than his
  business ties in Wisconsin.
• 2. Rices intent to remain in Illinois is
  evidenced by his exercise of rights and
  activities there which can only be done in one
  state.
• 3. Rices ties to Illinois are more definite than
  his ties to Wisconsin.

15
Summary Point headings should. . .

• Correspond to the issues and proceed in a logical
  order.
• Combine the ruling you want with the relevant law
  and the legally significant facts.
• Supply reasoning unless supported sub-point
  headings.
• Articulate relevant legal principles without
  citing cases or statutes.
• Use active voice and positive word construction
  as much as possible.
• See Shapo pp. 333-335

16
Sub headings should . . .

• Relate to the main point headings in a logical
  and consistent way.
• Supply specific reasons for the contention of the
  main point headings.
• Also be forceful and argumentative.
• Also use active voice and positive word
  construction as much as possible.
• Finally, whenever possible you should use
  parallel word construction in both point and
  sub-point headings.

17
Denial of Injunction ArgumentThe Point-Headings

• Denial should be affirmed because
• I. (II.) Appellant unlikely prevail at trial.
• II. (V.) No Property or Liberty Interest.

18
Denial of Injunction Argument

• I. (II.) Appellant unlikely to prevail at
  trial.
• II. (V.) No Property or Liberty Interest.
• A. (I.) No Property Interest in Education or
  Athletics
• 1 . (VII.) No property interest in Education
• 2 . (IV.) No property interest in Athletics
• B. (IX.) Threatens no liberty interest in
  reputation, future opportunities or
  state entitlements.
• 1. (VIII.) Liberty interest in reputation not
  threatened
• 2. (VI.) Liberty interest in future
  opportunities not threatened
• 3. (III.) Liberty interest not threatened
  since no state interest

19
Steps In OutliningYour Argument Section

• See the Sample Outline
• 1) Draft your first point heading. What will
  you address first?
• 2) Describe any road map or general rule
  sections.
• 3) Identify your specific case discussions/
  describe your specific rules section.
• 4) Briefly explain your arguments.
• 5) Identify your responses to counter-arguments.
• REPEAT PROCESS FOR SECOND ISSUE