| |
| |
Using the Examples in This Book | |
| |
| |
Acknowledgments to the First Edition | |
| |
| |
Acknowledgments to the Second Edition | |
| |
| |
| |
Introduction | |
| |
| |
| |
Before We Begin | |
| |
| |
| |
Know Your Audience | |
| |
| |
| |
Follow an Effective Writing Process | |
| |
| |
| |
How to Use This Book | |
| |
| |
| |
Summary | |
| |
| |
| |
Appellate Jurisdiction and Standards of Review | |
| |
| |
| |
Jurisdiction in Courts of Last Resort | |
| |
| |
| |
Jurisdiction in Intermediate Courts of Appeals | |
| |
| |
| |
Appellate Standards of Review | |
| |
| |
| |
Purpose and Meaning of Appellate Standards of Review | |
| |
| |
| |
Clearly Erroneous | |
| |
| |
| |
De Novo | |
| |
| |
| |
Abuse of Discretion | |
| |
| |
| |
Other Appellate Standards | |
| |
| |
| |
Identifying the Appropriate Appellate Standard of Review | |
| |
| |
| |
Format Considerations | |
| |
| |
| |
Standards of Review in Motion Briefs | |
| |
| |
| |
Motions to Dismiss | |
| |
| |
| |
Motions for Summary Judgment | |
| |
| |
| |
Identifying the Appropriate Motion Standard of Review | |
| |
| |
| |
Incorporating Motion Standards into Your Argument | |
| |
| |
| |
Avoiding Confusion | |
| |
| |
| |
Government Action Standards of Review | |
| |
| |
| |
Multiple Standards of Review in the Same Case | |
| |
| |
| |
Summary | |
| |
| |
| |
Before you Write | |
| |
| |
| |
Creating an Abstract of the Record | |
| |
| |
| |
Planning Your Research | |
| |
| |
| |
Begin at the Beginning: Decide What Questions You Need to Answer | |
| |
| |
| |
Broadening Your Horizons (You Can Compare Apples and Oranges) | |
| |
| |
| |
The Abstraction Ladder | |
| |
| |
| |
Using the Abstraction Ladder in Legal Research | |
| |
| |
| |
Identifying a Theme for Your Argument | |
| |
| |
| |
Identifying Valid Authority | |
| |
| |
| |
Relevant Facts | |
| |
| |
| |
Relevant Legal Issues | |
| |
| |
| |
Relevant Sources | |
| |
| |
| |
Legal Sources | |
| |
| |
| |
"Extra-Legal" Sources | |
| |
| |
| |
Internet Sources | |
| |
| |
| |
Executing Your Research Plan | |
| |
| |
| |
Researching Statutory Issues | |
| |
| |
| |
Writing to Courts of Last Resort | |
| |
| |
| |
Mandatory versus Nonmandatory Authorities | |
| |
| |
| |
Knowing When to Stop | |
| |
| |
| |
Summary | |
| |
| |
| |
Facing the Blank Pace | |
| |
| |
| |
Finding Structure | |
| |
| |
| |
Using Existing Rules and the "Phrase-That-Pays" to Structure Your Argument | |
| |
| |
| |
Using Your Research to Help You Structure Your Argument | |
| |
| |
| |
Using Policy-Based Rules in Your Argument | |
| |
| |
| |
Using a Reverse Roadmap to Structure Your Argument | |
| |
| |
| |
The Working Outline | |
| |
| |
| |
Using "Private Memos" to Quiet Your Inner Demons and Prevent Writer's Block | |
| |
| |
| |
Summary | |
| |
| |
| |
One Piece at a Time: Drafting the Argument | |
| |
| |
| |
Using an Analytical Formula | |
| |
| |
| |
State Your Issue as a Conclusion | |
| |
| |
| |
Provide the Rule | |
| |
| |
| |
Stating Established Rules | |
| |
| |
| |
Choosing Among Two or More Rules | |
| |
| |
| |
Using Inductive Reasoning to Find and Articulate Legal Rules | |
| |
| |
| |
Explain the Rule | |
| |
| |
| |
Apply the Rule to the Facts | |
| |
| |
| |
Apply Rules, Not Cases | |
| |
| |
| |
Facts Are Relevant to Questions of Law | |
| |
| |
| |
Sometimes Statutory Language Is a Fact | |
| |
| |
| |
Make the Connection | |
| |
| |
| |
Summary | |
| |
| |
| |
Practice Pointers: Using Case Authority Effectively | |
| |
| |
| |
Addressing Negative Authorities | |
| |
| |
| |
Providing Appropriate Detail in Case Descriptions | |
| |
| |
| |
Making Case Descriptions as Succinct as Possible | |
| |
| |
| |
Focus | |
| |
| |
| |
Using Language Effectively | |
| |
| |
| |
Verb Tense in Case Descriptions | |
| |
| |
| |
Writing and Using Effective Parenthetical Descriptions | |
| |
| |
| |
Using Quotations Effectively in Case Descriptions | |
| |
| |
| |
Not Enough Context | |
| |
| |
| |
Too Much Quoted Language | |
| |
| |
| |
Using Language Precisely When Analogizing and Distinguishing Cases | |
| |
| |
| |
Dealing with Unpublished Decisions | |
| |
| |
| |
Using Citations Effectively | |
| |
| |
| |
When to Cite | |
| |
| |
| |
Distinguishing Between Authorities and Sources | |
| |
| |
| |
Where to Cite | |
| |
| |
| |
Using Effective Sentence Structures to Accommodate Citation Form | |
| |
| |
| |
Avoiding String Citations | |
| |
| |
| |
Cases That Cite Other Cases | |
| |
| |
| |
Importance of Pinpoint Citations | |
| |
| |
| |
Summary | |
| |
| |
| |
Seeing What You Have Written | |
| |
| |
| |
Focusing Your Revision: Using the Self-Graded Draft | |
| |
| |
| |
Background | |
| |
| |
| |
Completing the Self-Grading | |
| |
| |
| |
Common Self-Grading Tasks and Explanations | |
| |
| |
| |
Identify the Focus of Each Unit of Discourse | |
| |
| |
| |
Identify the Phrases-That-Pay Within Each Unit of Discourse | |
| |
| |
| |
Identify Cited Authorities | |
| |
| |
| |
Identify the Explanation of Each Focus | |
| |
| |
| |
Identify Your Client's Facts | |
| |
| |
| |
Identify the Application of Each Focus to Your Client's Facts | |
| |
| |
| |
Identify the Connection-Conclusion | |
| |
| |
| |
Create a Separate Focus List | |
| |
| |
| |
Write a Final Comment | |
| |
| |
| |
Summary | |
| |
| |
| |
Following Format Rules | |
| |
| |
| |
Length Requirements | |
| |
| |
| |
Typefaces and Margins | |
| |
| |
| |
Filing Requirements and Number of Copies | |
| |
| |
| |
Document Format Requirements and Service Requirements | |
| |
| |
| |
Cover Page | |
| |
| |
| |
Issue | |
| |
| |
| |
Parties to the Proceeding | |
| |
| |
| |
Table of Contents | |
| |
| |
| |
Table of Authorities | |
| |
| |
| |
Opinions Below | |
| |
| |
| |
Jurisdiction | |
| |
| |
| |
Relevant Enacted Law | |
| |
| |
| |
Standard of Review | |
| |
| |
| |
Statement of the Case | |
| |
| |
| |
Summary of the Argument | |
| |
| |
| |
The Argument | |
| |
| |
| |
The Conclusion | |
| |
| |
| |
Signature | |
| |
| |
| |
Certificate of Service | |
| |
| |
| |
Certificate of Compliance | |
| |
| |
| |
Appendix | |
| |
| |
| |
Summary | |
| |
| |
| |
Special Teams: Issue Statements, Statement of the Case, Summary of the Argument, Point Headings | |
| |
| |
| |
Writing the Issue Statement | |
| |
| |
| |
Motion Brief Introductions | |
| |
| |
| |
Appellate Brief Questions Presented | |
| |
| |
| |
Elements to Include | |
| |
| |
| |
Persuasive Questions Presented | |
| |
| |
| |
Problems to Avoid | |
| |
| |
| |
Assuming Elements at Issue | |
| |
| |
| |
Overlong Questions | |
| |
| |
| |
Summing Up | |
| |
| |
| |
Statements of the Case | |
| |
| |
| |
Formal Requirements | |
| |
| |
| |
Organizing the Fact Statement | |
| |
| |
| |
Making the Fact Statement Persuasive | |
| |
| |
| |
Positions of Emphasis | |
| |
| |
| |
Pointillism | |
| |
| |
| |
Spending the Reader's Time, Saving the Reader's Energy | |
| |
| |
| |
Special Considerations for Motion Brief Fact Statements | |
| |
| |
| |
Summing Up | |
| |
| |
| |
Summary of the Argument | |
| |
| |
| |
Point Headings | |
| |
| |
| |
Format and Function | |
| |
| |
| |
Drafting the Point Headings | |
| |
| |
| |
The Relationships Between and Among Point Headings | |
| |
| |
| |
Summing Up | |
| |
| |
| |
Summary | |
| |
| |
| |
Six Degrees of Legal Writing: Making Your Document Reader-Friendly | |
| |
| |
| |
Find Your "Kevin Bacon" | |
| |
| |
| |
Install a Symbolic Template to Help Your Reader and Your User | |
| |
| |
| |
Topic Sentences | |
| |
| |
| |
Headings | |
| |
| |
| |
Roadmaps and Mini-Roadmaps | |
| |
| |
| |
Explicit Connection-Conclusions | |
| |
| |
| |
Summary | |
| |
| |
| |
Exploiting Opportunities for Persuasion | |
| |
| |
| |
Opportunities for Persuasion | |
| |
| |
| |
How Not to Persuade | |
| |
| |
| |
Choosing Issues Responsibly | |
| |
| |
| |
Exploiting Positions of Emphasis | |
| |
| |
| |
Persuading with Large-Scale Organization | |
| |
| |
| |
Persuading Within Each Issue | |
| |
| |
| |
Persuasive Paragraph Structure | |
| |
| |
| |
Persuading with Sentence Structure | |
| |
| |
| |
Subject-Verb Combinations | |
| |
| |
| |
Nominalizations | |
| |
| |
| |
Active and Passive Voice | |
| |
| |
| |
Independent and Dependent Clauses | |
| |
| |
| |
Using Short Sentences for Emphasis | |
| |
| |
| |
Effective Word Choice | |
| |
| |
| |
Persuasive Punctuation | |
| |
| |
| |
The Semicolon | |
| |
| |
| |
The Dash | |
| |
| |
| |
The Colon | |
| |
| |
| |
Avoiding Spelling, Grammatical, and Typographical Errors | |
| |
| |
| |
Credibility Through Document Design | |
| |
| |
| |
Typeface | |
| |
| |
| |
Citations and Emphatic Text: Underlining, Italics, Bold Faced Type, and Capitalization | |
| |
| |
| |
Justification | |
| |
| |
| |
Effective Tables | |
| |
| |
| |
Summary | |
| |
| |
| |
Polishing | |
| |
| |
| |
Methods to Use on the Computer | |
| |
| |
| |
Methods to Use on the Hard Copy | |
| |
| |
| |
Proofreading Your Revisions | |
| |
| |
| |
The Last Thing to Do with the Document | |
| |
| |
| |
Summary | |
| |
| |
| |
Oral Argument | |
| |
| |
| |
Purpose of Oral Argument | |
| |
| |
| |
Format | |
| |
| |
| |
Intellectual Preparation: What Do You Need to Know? | |
| |
| |
| |
Deciding What Points to Argue | |
| |
| |
| |
Gathering Information | |
| |
| |
| |
Physical Preparation: What Should You Bring to the Courtroom? | |
| |
| |
| |
Presenting the Argument | |
| |
| |
| |
Introduction | |
| |
| |
| |
The Argument Itself | |
| |
| |
| |
The Conclusion | |
| |
| |
| |
Handling Questions from the Bench | |
| |
| |
| |
Rebuttal | |
| |
| |
| |
Word Use | |
| |
| |
| |
Public Speaking Tips | |
| |
| |
| |
Summary | |
| |
| |
| |
Moot Court Competitions | |
| |
| |
| |
Typical Competition Requirements | |
| |
| |
| |
Differences Between Moot Court Competitions and "Real Life" | |
| |
| |
| |
Choosing Which Side to Brief | |
| |
| |
| |
Writing the Brief | |
| |
| |
| |
Dividing Up the Work | |
| |
| |
| |
Critiquing Your Teammates' Work | |
| |
| |
| |
Polishing the Brief | |
| |
| |
| |
Practice Arguments | |
| |
| |
| |
The Introduction | |
| |
| |
| |
Planning for Awkward Moments | |
| |
| |
| |
The Cold Court | |
| |
| |
| |
Dealing with Opponents' Misstatements of Law or Facts | |
| |
| |
| |
The Conclusion | |
| |
| |
| |
Professionalism | |
| |
| |
| |
Summary | |
| |
| |
| |
For Reference: Citation Form and Punctuation Information | |
| |
| |
| |
Putting Citations in Their Place | |
| |
| |
| |
When to Cite | |
| |
| |
| |
When Not to Cite | |
| |
| |
| |
Common Case Citation Formats | |
| |
| |
| |
Long Form | |
| |
| |
| |
Short Form | |
| |
| |
| |
Changing Sentence Structure to Accommodate Citation Form | |
| |
| |
| |
Statutory Citations | |
| |
| |
| |
Common Punctuation Problems | |
| |
| |
| |
Apostrophe Problems | |
| |
| |
| |
Common Homonym Problems | |
| |
| |
| |
Rules of Possessives | |
| |
| |
| |
Semicolon Use | |
| |
| |
| |
Common Comma Problems | |
| |
| |
| |
United States Supreme Court Rules | |
| |
| |
| |
Sample Briefs | |
| |
| |
Petitioner: Minnesota v. Carter | |
| |
| |
Respondent: Minnesota v. Carter | |
| |
| |
Petitioner: Miller v. Albright | |
| |
| |
Defendant: Garrett v. Kirkby | |
| |
| |
Index | |