how lawyer write the argument section 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 you write a legal argument in a brief?

Start with the title, citation and author A case brief should start with the title of the case, citation and author. The title of the case names the two opposing sides of the argument. The name of the person or party who initiated legal action (petitioner or plaintiff) appears first, followed by the respondent (defendant).

Does a reply brief need an argument section?

The reply brief will only need an argument section, since it just responds to the answer brief (and cannot add any new arguments). All appellate briefs should contain citations to the appellate record for any facts discussed, whether in the facts section or the argument.

What is the difference between a brief and an argument?

In a brief, as compared to a legal argument, your opinion is irrelevant. Even if you think the author of the legal argument is wrong, you can still brief the author’s legal argument. Any particular instructor may require more or less detail for a briefing assignment. One of the there will be a name of the case with some letters and numbers.

How do you write a case brief?

Before writing a case brief, consider the following tips: Use an active voice. Use pronouns sparingly and unambiguously. Keep it succinct (brief, hence the name).

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.

What is a lawyer's written argument?

a written legal argument, usually in a format prescribed by the courts, stating the legal reasons for the suit based on statutes, regulations, case precedents, legal texts, and reasoning applied to facts in the particular situation.

How do you write an argument for an appellate brief?

Draft a powerful opening sentence that explains why you should prevail. Tell the court exactly what you want (i.e., the remedy you seek) Briefly present the most persuasive facts and legal authority that support your position. Include a theme that connects all of your arguments.

What is included in the argument section of an appellate brief?

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.

How do you present 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.

What is brief of argument?

In legal parlance, a “brief” can be defined as “a written statement setting out the legal contentions of a party in litigation. A document prepared by counsel as the basis for arguing a case, consisting of legal and factual arguments and the authorities in support of them.”

How do you structure an argument in court?

Skeleton argumentsa heading that identifies which party the argument is on behalf of.an introduction that states your position.a list of identified issues.the essential facts.the text of any key statute and/or the strongest relevant case law.your submissions.a conclusion that states what you're asking for.

What is a legal brief format?

A legal brief is a document written by one or more of the parties (participants) to a legal action. It includes the facts of the case, the legal issues to be determined, and references to applicable statutes (written law) and prior cases similar to yours.

How do you argue an appeal?

Start Strong and Focus on the Important Points. When arguing an appeal, generally both sides have about 15 minutes to argue their side. If you are the appealing party, you will be able to argue your side first, but will have to ask the Court to allow you to reserve some of your time for rebuttal of the opposing side.

How do you write a good summary of an argument?

Include your theme in the first sentence or two of the summary. ... Keep it under about 10% of the length of the actual argument. ... Limit citations. ... Don't just restate the point headings. ... Make sure to leave yourself enough time to give thought to your summary of the argument once you are done with the argument.

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 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 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.

Before the Session

Send the attendees an invitation for the session. Include this link, which has the videos and exercise they’ll need to prepare.

After the Session

To continue their learning, attendees can check out related courses in Hotshot’s Motion Practice topic.

How to Write a Legal Brief (Contents of a Brief)

1. Introduction: The introduction of a legal brief contains the names of the parties and a brief history of the case. It tells the court the procedural history of the case, that is, the various processes that have been adopted by the party in bringing the matter to court. The introduction to some extent highlights the party’s case theory.

Basic Tips in Writing A Good Brief

Just like every other type of writing, there are tips or basic rules which aid us in writing a good brief. These tips will be discussed ad seriatim.

What is legal argument?

argument called the legal argument. A legal argument is merely an argument using at least one law as a. reason in support of the conclusion. Other reasons used to support the conclusion of a legal argument. include ethical reasons, religious reasons, economic reasons, and political (power) reasons. A legal memo.

What is briefing technique?

The briefing technique is a simplified method and is designed to help students understand how simple legal arguments are organized rather than the detailed law school brief. Contains questions, problems, several simplified cases and arguments to practice briefing on, and keys.

What does ABC stand for in writing?

may change during the writing. “ABC” is an acronym standing for “agenda, body, conclusion” and is. designed to help students prepare simple outlines.  Agenda: This is often referred to as the “introduction” or “introductory paragraph”. The.

What is proof or evidence?

proof or evidence to the jury in support of their version of the facts to the jury. Proof or evidence consists. of statements, records, pictures, documents or anything a party believes will help convince the jury their. version of the facts is correct.

What is value judgement?

or the legal consequences of a certain situation. A value judgment is a conclusion/opinion/answer to a. value/overall/legal consequences issue. Whenever a case is decided by a court, it is a value judgement –. that is the conclusion/opinion of the judge (s) based on the judge (s)’ understanding of the law and the.

What is the definition of a law?

Laws are the government standards of behavior/values set out by a constitution, statute, regulation, or case. In most law classes the word “rule” is often used for “law”. The word “rule” Laws and. rules include the definition of any word used in a law or rule. Many court cases exist to help define the.

Is legal writing a business?

Legal writing is similar as it is just a specialized form of business writing, a form of business. writing involving the law and legal issues. Business writing and legal writing are special types of writing. differing from English Composition and you will need to understand the differences in order to master.

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.

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.

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.

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.

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)

What is the purpose of a brief in an appellate court?

In appellate courts, however, each side of a case presents their own brief to the court as a way of briefly stating their specific argument using case law precedents, statistics and policy arguments to help the judge make a decision. The petitioner usually files their brief first, and the respondent has a specified amount ...

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.

How to write a summary of argument?

The Summary of Argument section of your brief provides an overview of what the reader should expect in the Argument and Citation of Authority. State the legal issues that must be addressed and highlight the legal analysis steps you took to reach your conclusion. Use the same organizational structure that you use in your Argument and Citation of Authority. Do not cite to any sources of law or to the record. This should be a quick read that primes the reader to digest your Argument. Typically, you will draft one paragraph per issue.

What is the conclusion section of a brief?

Your Conclusion section of your brief summarizes the relief you seek that will benefit your side. The Conclusion will be shorter than both your Argument and Citation of Authority and Summary of Argument sections.

What are the components of an appellate brief?

There are several components that make up your Appellate Brief: Title Page; Table of Contents; Table of Authorities; Statutes Involved; Standard of Review; Question Presented; Statement of Facts; Summary of Argument, Argument and Citation of Authority; Point headings that are within Argument section; Conclusion; Closing; and Signature Block.

What is the argument and citation of authority?

Argument and Citation of Authority is the place in your brief where you show the legal analysis that supports your conclusions about why your side should prevail on each legal issue that has been identified by your Questions Presented. The Argument uses the CREAC analytical structure to show the reader what steps to take to understand your position, and the Argument uses persuasive tools to sway your reader that your side is correct.

What is standard of review?

2019), defines standard of review as “ [t]he criterion by which an appellate court exercising appellate jurisdiction measures the constitutionality of a statute or the propriety of an order, finding, or judgment entered by a lower court.” If you think that definition is dense and obtuse, you are not alone. When I was in practice, I thought of a standard of review as being how much deference the appellate court has to give to what the trial court found. Judicial appellate opinions are more uniform in their outcomes when everyone defines and uses standards of review in the same way. Keep in mind that appellate courts are reviewing how the law was applied; they are not tasked with fact-finding.

What is a question presented in a memo?

The Question Presented, or Issue, tells the reader the legal issue to be answered and incorporates the major relevant facts that must be considered to determine the answer. A Question Presented in a brief differs from a Question Presented in a memo because the QP for your brief will be written in persuasive language that suggests only one correct answer. In all other respects, including how to format, the Question Presented remains the same.

What is the title page of a brief?

The title page is the front page of your brief and it contains the case name, the appellate court case number, the lower court and its case number from which the case is being appealed, and a signature block. Make sure you check the local rules each time, just in case the court you will be filing in has different or updated requirements. For your brief in this class, you will sign your signature block using your blind grading number. An example title page can be found at the ends of the chapter.