Appellate Brief Assignment

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lawstudent2814977025

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Appellate Brief Assignment

Postby lawstudent2814977025 » Sat Feb 03, 2018 4:45 pm

Any advice on researching and writing the appellate brief? Main issues are Fourth Amendment and Eyewitness Identification

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encore1101

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Re: Appellate Brief Assignment

Postby encore1101 » Sun Feb 04, 2018 4:52 pm

Appellate briefs are meant to be persuasive. Whether you're the government or the defendant, highlight the facts you want the court to notice but don't distort the record.

Don't be afraid to address cases that are similar to yours. The age-old maxim "When the facts are against you, argue the law; when the law is against you, argue the facts. If both are against you, just argue" comes into play. If you run into a case that's similar to yours, chances are the other side will too. You need to point out why they're distinguishable and refer the court to cases that are (in your argument) more similar to your facts.

edit: for 1L writing class?

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bretby

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Re: Appellate Brief Assignment

Postby bretby » Sun Feb 04, 2018 10:26 pm

lawstudent2814977025 wrote:Any advice on researching and writing the appellate brief? Main issues are Fourth Amendment and Eyewitness Identification


Just do what your professor tells you to do. If you're confused, ask the TA. Legal writing is so idiosyncratic and varies so much from school to school that advice on a board like this will be useless.

silenttimer

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Re: Appellate Brief Assignment

Postby silenttimer » Mon Feb 05, 2018 11:18 am

Develop a theme and use descriptive headings.

lawstudent2814977025

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Re: Appellate Brief Assignment

Postby lawstudent2814977025 » Tue Feb 06, 2018 3:55 pm

encore1101 wrote:Appellate briefs are meant to be persuasive. Whether you're the government or the defendant, highlight the facts you want the court to notice but don't distort the record.

Don't be afraid to address cases that are similar to yours. The age-old maxim "When the facts are against you, argue the law; when the law is against you, argue the facts. If both are against you, just argue" comes into play. If you run into a case that's similar to yours, chances are the other side will too. You need to point out why they're distinguishable and refer the court to cases that are (in your argument) more similar to your facts.

edit: for 1L writing class?


Yes! Last major assignment.



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