Advanced Legal Analysis and Writing Class 13 Brief to a Trial Court This includes any persuasive writing to a court. These can include: Memoranda that accompany evidentiary motions Motions to dismiss Motions for summary judgments and judgments notwithstanding the verdict Etc. These are written like any other legal memo, but one must be careful to be more formal when addressing a judge. Advanced Legal Analysis and Writing Class 13

Brief to a Trial Court- Components Caption This is the page heading with the parties, the file number and other basic information Introduction Procedural backdrop of the case Question Presented Argument This is your I-R-A-C… Conclusion Advanced Legal Analysis and Writing Class 13

Advanced Legal Analysis and Writing Class 13 Appellate Briefs The appellate brief has some extra requirements, over and above a standard brief to a trial court. These are included in the appellate brief: Title page Table of contents Table of Authorities; including Cases cited Statutes cited Opinions below (how the case got to this court) Statement of why the court has jurisdiction over this appeal Advanced Legal Analysis and Writing Class 13

Appellate Briefs - Continued Appellate briefs also require: Standard of review (for all relevant issues) This should come with relevant citations, like any other statement of law Question presented Arguments (IRACs) Summary of argument Conclusion Appendix(es) Advanced Legal Analysis and Writing Class 13

Memorandum in Support of Defendant’s Motion to Dismiss All Charges Caption - Example Superior Court of the State of California County of Orange --------------------------------------------X People of the State of California, Plaintiff Memorandum v. of law John Smith, Defendant index # 08-1234 ---------------------------------------------X Memorandum in Support of Defendant’s Motion to Dismiss All Charges Advanced Legal Analysis and Writing Class 13

Parts of the Appellate Brief 1 Table of Contents This should break up the basic sections and the parts of the brief that deal with each issue. Table of Authorities This should list types of authorities separately; including Constitutional provisions, statutes, cases, other sources, etc. Jurisdictional Statement For this part, simply cite the law under which this court has jurisdiction to hear appeals from the lower court Advanced Legal Analysis and Writing Class 13

Parts of the Appellate Brief 2 Standard of Review. This could include: De novo Abuse of discretion This must include a citation to a binding case… Advanced Legal Analysis and Writing Class 13

Tactics in Making Your Argument Present your strongest arguments first This will allow the reader to start thinking “on your side” at the outset Present the most significant and important arguments first The reader will generally read more carefully what you put early in the brief Present issues that go to the basics of the case before issues based on procedure or technicalities. For example: Argue that the evidence is insufficient to support your client’s conviction before arguing that the evidence was obtained in violation of the 4th Amendment. Advanced Legal Analysis and Writing Class 13

Tactics in Making Your Argument 2 Present your own position on each issue before dealing with counterarguments and your opponent’s position Use forceful (but nor arrogant) language Present facts and arguments from your side’s perspective Be honest about presenting the law, but do so from your client’s point of view as well Make your argument/ position appear as objective as possible Your position should be made to sound as much like it conforms to existing law as possible Don’t ask a court to make new law or reverse precedent unless you have no other choice Advanced Legal Analysis and Writing Class 13

Tactics in Making Your Argument 3 Argue your client’s position to the greatest extent possible Use all of the facts that support your conclusion or can be used to support it Use legal policy/ statements of public policy to the extent that they can help you, but only if that policy can be documented by an authority Don’t say “I think this policy is a bad idea.” No offense, but the court doesn’t care what you think. Maintain a professional tone Don’t sound like you’re pleading or whining Don’t resort to name calling, ad hominem attacks, vicious language, etc., against your opponent Advanced Legal Analysis and Writing Class 13