Brief-Writing Training 2019 HCMP 1L Appellate Advocacy Competition

Brief Components Cover Page Questions Presented Table of Contents Table of Authorities Statement of the Facts Summary of the Argument Argument Conclusion

Cover Page Must include: The case docket number Name of the Court Caption of the case Nature of the proceeding (“On Writ of Certiorari to the United States Court of Appeals for the Thirteenth Circuit”) Title of the document (“Brief for Petitioner”) Team number (NO COMPETITOR NAMES)

Questions Presented Brief statements that describe the issues. Two formats: Whether/when: “Whether the court of appeals erred in affirming the interpretation of 18 U.S.C. § 1512(b) to mean “motivated by an improper purpose” and upholding Mr. Brown’s conditional guilty plea when Mr. Brown made non-coercive attempts to persuade a witness to exercise her Fifth Amendment right to withhold testimony?” General: Under Federal Rule of Criminal Procedure 52(a), harmful errors violate defendants’ substantive legal rights and impact the outcome of their trials. The district court erroneously admitted evidence of Mr. Brown’s prior gun crimes, in violation of Federal Rule of Evidence Rule 404(b), compromising his right to due process and biasing the jury against him. Was this a harmful error subject to reversal and remand? Should frame issues persuasively. Should not exceed ~60 words/question.

Table of Contents Table of Contents: use headings tool on word to create your headings; when you are done, you can use the tool to insert a complete and correct table of contents. Summary tool

Table of Authorities After the TOC, before the statement of the case NO PIN CITES! Passim = appears five or more times in your brief Group sources by type Make it when you’re DONE editing (Pro Tip: Give yourself time!) Make Microsoft Word do it for you: https://support.office.com/en-us/article/Create-a-table-of- authorities-ddd126ae-52bc-4299-9558-06dd0e4fe8c0 http://www.mcgeorge.edu/Documents/Library/tableOfAuthoritiesW ord.pdf

Sample TOA

Statement of the Facts One section for both issues. Like “Facts” sections in LARW memos. Cite the record as “R. at xyz.” Be discerning about what you include.

Summary of Argument “Thesis” section of your brief. Summarize both issues. Aim for 2–3 paragraphs. Include high-level authorities for issues.

Argument Issue one: “I.” Issue two: “II.” Hierarchy: A. Argument 1. 1. Sub-argument 1. Sub-headings are good! Make your argumentative headings argumentative. “The defendant broke the law because x,y,z.” NOT “Whether the defendant broke the law.”

Conclusion Very short. Can literally be “For the reasons stated above, the Petitioner/Respondent” requests [your prayer for relief].” Absolutely include your prayer for relief.

Writing tips Check your topic sentences. Short sentences are better. Be persuasive, not argumentative. Don’t hide bad facts. Draw more attention to good facts. Roadmap your arguments. Avoid passive voice.

Questions?