1. Brief-Writing Training
2019 HCMP 1L Appellate Advocacy Competition

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

3. 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)

4. 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.

5. 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

6. 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:
authorities-ddd126ae-52bc dd0e4fe8c0
ord.pdf

7. Sample TOA

8. 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.

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

10. 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.”

11. 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.

12. 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.

13. Questions?