1. 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

2. 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

3. 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

4. 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

5. 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 # X
Memorandum in Support of Defendant’s Motion to Dismiss All Charges
Advanced Legal Analysis and Writing Class 13

6. 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

7. 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

8. 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

9. 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

10. 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