how lawyer write the agument sestion of a brief

Because you need to methodically lay out your legal analysis, your brief’s Argument section should be highly structured. Although the Summary of Argument section of your brief provides an overall roadmap, each major argument within the Argument section should have its own roadmap paragraph. Use headings and sub-headings.

Full Answer

How do I write a legal brief?

Write out the full argument. The "Argument" section is the heart of the brief. This is where you will analyze the law that applies to your case and apply the legal principles to the facts.

How do you write an argument in a brief?

The argument portion of the brief is for contention about the significance of those facts. Nothing impairs a brief writer’s credibility more than an emotional, sarcastic, plaintive, or visibly one-sided Statement of Facts. In order words, in the Statement of Facts, understated advocacy works best.

What are the elements of a legal brief?

Every standard legal brief has a few basic elements: An Introduction that articulates the party's claim and introduces the party's theory of the case and the procedural history of the case.

How do you write a brief for an appeal?

Jane Doe); the name of the lower tribunal that entered the order or opinion on appeal; the name of the brief (i.e., initial brief of appellant John Doe); and the name and address of the person filing the brief. Briefs filed in paper format should not be stapled or bound (except by paper clip or rubber band).

How do you write a legal brief argument?

A legal brief should include:The name of the case.The names of the parties involved.The current stage of litigation.The legal issue being addressed.Relevant facts of the case.The rule of law applied.Your argument.A conclusion.

How do you write an argument for a trial brief?

An Argument section that sets forth your arguments of law. In this section, you'll want to address each legal question denoting each one with a different label called a “point heading.” Point headings should be clearly written to parse out the exact legal issue and should generally be limited to a single sentence.

What is an argument section of a brief?

The Summary of the Argument in a brief is, in a nutshell, a summary of the best reasons your client should win the case. Judges often read the Summary before they read the brief, so the Summary sets up your argument by giving the judge the context to view it favorably.

How do you write an argument like a lawyer?

Laws Of Conversation: How To Argue Like A LawyerIdentify The Issue And Don't Deviate From It. Recognise the main point of discussion and stick with it. ... Leave Emotion At The Door! Emotion will never win an argument. ... Be Wary Of Shifting Dialogues.

How long should the argument section of an appellate brief be?

This section provides an overview of the arguments made in the appellate brief. It is much like a “road map” that previews the arguments. The summary of the argument is seldom longer than two pages, and is never longer than five pages.

How do you organize legal arguments?

1:3715:1004.01 - Persuasive Writing: Organization of a Legal ArgumentYouTubeStart of suggested clipEnd of suggested clipYou might follow then directly with the client argument in the facts of the case. And you would doMoreYou might follow then directly with the client argument in the facts of the case. And you would do this for example when the clients when the facts favor. The client.

How do you structure a legal brief?

Steps to briefing a caseSelect a useful case brief format. ... Use the right caption when naming the brief. ... Identify the case facts. ... Outline the procedural history. ... State the issues in question. ... State the holding in your words. ... Describe the court's rationale for each holding. ... Explain the final disposition.More items...

How do you structure a brief?

Here are the general steps you should take to write a brief:Explain the goals and motivations. You should start your brief by writing about the project background and brand. ... Highlight specific objectives and challenges. ... Describe your target audience. ... Examine competitors. ... Ask for feedback.

How do we evaluate arguments?

When evaluating an argument, here are some things that you might consider:Who is making the argument?What gives them authority to make the argument?What evidence is given in support of the argument? ... Does the evidence upon which the argument is based come from a reliable and independent source?More items...

How lawyers present their arguments and reasoning?

Lawyers base their arguments on rules, analogies, policies, principles, and customs. Rule-based reasoning relies on the use of syllogisms, or arguments based on formal logic. A syllogism consists of a major premise, a minor premise, and a conclusion.

What are the steps in argument?

Here are five essential steps to follow when building an argument:Introduce the problem. Introduce the problem or issue at the center of your argument. ... Present your claim. ... Support your claim. ... Acknowledge the opposing side of the argument. ... Restate your claim.

How are arguments formed in a case?

Writing a legal argumentidentify relevant legal issues.apply the law to the facts.structure your answer clearly and logically (use the model plan)use appropriate language for a legal argument.

How do you write a legal persuasive argument?

Eight Easy Rules for Persuasive Legal WritingKeep paragraphs within 2 to 7 sentences. ... Keep sentences under 60 words. ... Avoid unnecessary detail. ... Banish passive voice. ... Use key words to signify your argument. ... Define your opponent's argument. ... Edit as you go.

What is included in a trial brief?

The Trial Brief is a chance for you to show the Judge your position on the outstanding issues, as well as the legal arguments for why the Court should order in your favor. You may need to do research at the Law Library or elsewhere in order to prepare and discuss your legal arguments.

How do you write a court brief?

Steps to briefing a caseSelect a useful case brief format. ... Use the right caption when naming the brief. ... Identify the case facts. ... Outline the procedural history. ... State the issues in question. ... State the holding in your words. ... Describe the court's rationale for each holding. ... Explain the final disposition.More items...

How long should it take to write a trial brief?

It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete.

What is the TOA section in a legal brief?

A Table of Authorities (TOA) section that describes all sources of legal authority used in the brief.

What is an argument section?

An Argument section that sets forth your arguments of law. In this section, you’ll want to address each legal question denoting each one with a different label called a “point heading.”. Point headings should be clearly written to parse out the exact legal issue and should generally be limited to a single sentence.

What is a drafting assistant?

Drafting Assistant has great tools to help you proof your document, including Cite Formatting to help you check your citations for typos, and Document Formatting to help you make sure you’re complying with court guidelines on things like fonts, letter sizing, and margins. Make Westlaw a part of your practice.

What is the purpose of a statement of facts?

A Statement of Facts that sets forth all of the key factual elements a court should use in making its decision. In this section, it's important to use simple, clear, and persuasive language to lay out the facts and procedural elements of the case and avoid using conclusory statements. An Argument section that sets forth your arguments of law.

Do you have to reinvent the wheel in a brief?

Although each brief should be tailored to your client’s case, there’s no need to reinvent the wheel if you don’t have to. It's relatively common for attorneys to reuse certain phrases or terms (or even entire sections) of briefs if the legal issues are the same across cases.

What is a brief in legal?

A brief is a written argument that a lawyer (or party to a case) submits to a court to persuade that court to rule in favor of his client’s position.

What is the argument section in a brief?

Write out the full argument. The "Argument" section is the heart of the brief. This is where you will analyze the law that applies to your case and apply the legal principles to the facts. Each argument section or subsection should begin with an argumentative point heading.

What is required for an appellate brief?

They require a title page, table of contents and authorities, in addition to statement of facts, questions presented and legal argument. The exact requirements of an appellate brief will depend on the procedural requirements of the appeals court to which the brief is being submitted.

What is trial brief?

Unlike appellate briefs which generally conform to a set format, trial briefs vary widely depending on the kind of motion the brief is intended to support and the type of court to which it is being submitted (civil, criminal or immigration court).

What is included in a title page?

Generally, it includes: the court name, jurisdiction, case number, title of the case (the names of the parties), title of the document, name (s) and address (s) of the lawyers filing the document, and the date filed.

What is a court record?

The court record consists of the pleadings filed with the court including the original complaint, any answer to that complaint, cross-complaints, counterclaims, and any number of other types of pleadings or motions submitted to the court. Depending on the stage of proceedings of your case, there may not be a court record yet.

How to research legal issues?

1. Get an overview of the law. To research the legal issues in your case, you will need to identify the relevant cases and statutes. A starting point for gathering this information is to refer to sources that provide an overview of different areas of the law.

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How to write a legal brief?

The following information should be included in the holding and reasoning section of the brief (if available): 1 An answer to the legal question asked in the legal issue section as either 'yes' or 'no' 2 The legal rules and rationales upon which the court's decision is based 3 How exactly those rules apply to the facts of the case 4 The court's conclusion (if applicable) 5 The procedural action (for example, conviction, overturned conviction, remand)

Who files the brief?

The petitioner usually files their brief first, and the respondent has a specified amount of time to file a reply brief. These documents are often public record, accessible to anyone who wishes to search for it.

What is a dissenting opinion?

If a judge hearing a case doesn't wholly agree with the majority decision, they'll write a dissenting opinion to be included in the case file. If a second judge agrees with the majority decision but not with the reasoning behind it, that judge will write a concurring opinion. Concurrences and dissents in the casebook should be summarized and addressed in the brief. They tend to be fairly short, so your summary should be even shorter, and include the reasons the judges disagreed with the majority opinion. It's possible for a judge to both concur and dissent in part, and when this is the case, it should be noted in your brief as 'concurrence/dissent'.

How many words should a brief include?

While each case has its own unique details—and, therefore, will use varied versions of this outline—a brief should include only the most important points of your case and stay within 600 words (before concurrences and dissents), using the following headings: Title and citation. Facts of the case.

What is the legal question asked in the legal issue section?

An answer to the legal question asked in the legal issue section as either 'yes' or 'no'. The legal rules and rationales upon which the court's decision is based. How exactly those rules apply to the facts of the case. The court's conclusion (if applicable)

What is the rule of law?

Rule of law. The rule of law should state the legal principle (s) upon which the court's decision was based. While a legal opinion may apply more than one legal principle, your objective in this section is to identify the rule of law pertinent to the case and present it in plain terms in a single sentence.

What is a case reporter citation?

A case reporter is a publication that includes legal cases in a particular jurisdiction and provides a way to look up the case details , if necessary.

Why is a bottomside brief appropriate?

It is therefore appropriate and — because the appellee gets no reply — necessary to take on those arguments. This does not mean, however, that the brief should consist simply of a point-by-point refutation of each of the appellant’s arguments. The aim of a bottomside brief is not just to debate the other side.

What is a good brief writer?

A good brief writer can formulate clear, neutral-sounding questions but frame them in a way that tends (subtly, of course) to suggest the answer the writer seeks . The question should not present your argument, but it should express a clear point of view about the case.

What is the bottomside brief?

There also must be an affirmative and coherent statement of the reasons why the decision being appealed is correct. Having prevailed below can also have its burdensome features. Sometimes, to put it bluntly, the decision below is bad.

What is a frap in court?

One is the FRAP. Lawyers quickly learn that is not a Boston native’s term for a milk shake, but is instead an acronym for the Federal Rules of Appellate Procedure, which apply in all federal courts of appeals.

What is the most common mistake made by trial lawyers?

The most common mistake made by trial lawyers is to think that they should do the same thing in the appellate court that they did in trial court. They write their jury speech and call it a brief. At best, they address the appellate judges as they would address the trial judge. At worst, they treat the appellate judges like jurors.

What is the most critical section of a brief?

Ironically, the most critical section of the brief — the argument itself — is least subject to general rules or advice. There are two primary determinants of the quality of the argument section of a brief: (1) the quality of the arguments available and (2) the analytical and writing skills of the lawyers involved.

What is the summary of an argument?

The Summary Follows the Argument. Experienced brief writers know that the summary of argument is usually written after the argument itself . The summary ordinarily should have the same structure as the argument. In our experience, the structure of the argument tends to evolve over the course of drafting and editing.

How long is an initial brief?

The initial brief is the first brief. It is filed by the appellant who filed the appeal. The appellant’s initial brief is due within 70 days after filing the notice of appeal. An appellant who needs extra time to file the initial brief should file a motion for an extension of time in the appellate court before the deadline for the brief. Motion practice is discussed in Chapter 4 of this Handbook. The initial brief should set out the facts and history of the case in the statement of case and facts section. It should also present legal arguments explaining each reason the appellant believes the decision of the lower tribunal was wrong (i.e., erroneous) and why it should be reversed. The initial brief cannot be longer than 50 pages, not counting the pages used for the Table of Contents, Table of Citations, Certificate of Service, Certificate of Font Compliance and the signature block for the brief’s author. A party can ask the court for permission to file brief longer than 50 pages, but such motions are rarely granted. And briefs are usually much shorter, often 20 to 30 pages or less.

How long is a reply brief in Florida?

The appellant’s reply brief, if any, is due 20 days after the answer brief and responds to the answer brief arguments. The reply brief can be no more than 15 pages long, not counting the pages necessary for the Table of Contents, Table of Citations, Certificate of Service, Certificate of Font Compliance, and the signature block for the brief’s author.

What is the standard format for briefs in Florida?

Briefs must generally be printed or typed on opaque, white, unglossed paper. The paper size should be 8.5 by 11 inches. The paper should have margins of at least one inch on all sides. The lettering should be black. If a brief is typed on a computer, it must be double-spaced and use Times New Roman 14-point font, or Courier New 12-point font. Any headings or footnotes must be the same font and size as the rest of the brief. Although typed briefs must be double spaced, headings, indented quotations, and footnotes can be single spaced.

What is the statement of the case and facts?

The statement of the case and facts explains to the appellate court, based only on the documents and evidence that are in the record, what the history and facts of the case are, and what occurred in the lower tribunal. This part of the brief is for facts only, not argument.

What is the argument section of an appeal?

The argument section explains the party’s legal arguments in the appeal and why the decision of the lower tribunal should either be affirmed or reversed. It discusses the relevant statutes and case law, how the law applies to the facts in the case, and the party’s arguments based on the law as applied to the facts. It explains the legal reasons why the order or judgment of the lower tribunal was either correct or incorrect, and what specific result, or “ relief ,” the party wants in the appeal (i.e., what the party wants the appellate court to do). For example, an appellant may ask the appellate court to reverse the final judgment and return, or “ remand ,” the case to the lower tribunal for a new trial, whereas an appellee may ask the appellate court in the answer brief to affirm the final judgment. The argument should be supported by references to legal cases, statutes, and rules that support that appellate party’s argument that the lower tribunal decision was either correct or incorrect.

Do not beat us over the head with statutory language and precedent?

Your case, unless it is a federal criminal case, probably would not have reached the court of appeals if it had been clearly governed by a statute or a case. I am not saying that you should ignore relevant statutory text and precedents, but they are more likely to narrow the area of contestable disagreement than to resolve the case. You will have to extract the purpose of the statute and excavate the policies underlying the precedents to make a cogent argument that the statute and the precedents support (and if you are lucky, compel) the outcome that you are urging.

Do judges read?

Be brief. Judges do a lot of reading. (Holmes once said that he was paid to read—that was his job.) We get tired or bored, and some of us tend to start skimming when we encounter a tedious, repetitious brief.