How do you write an appellate brief?

Writing an Outstanding Appellate Brief

1. Frame the issue to maximize the persuasiveness of your argument.
2. Simplify the issue and argument.
3. Have an outstanding introduction.
4. Tell a story.
5. Don’t argue the facts (unless absolutely necessary)
6. Know the standard of review.
7. Be honest and acknowledge unfavorable law and facts.

What is a statement of fact example?

For example, if you are representing a party injured in a car accident, your legal theory might be that the other driver was negligent, but your theory of the case might be that “he was in a rush.” In your Statement of Facts, you highlight facts that support your Theory of the Case—the driver was speeding, late for an …

What are statement of facts?

The Statement of Facts includes the legally significant facts that a court would use in analyzing and applying the rule to the instant case. The Statement of Facts includes all the facts from the instant case that are used in the fact-to-fact comparisons in the Discussion section.

How long should statement of facts be?

Include all the relevant facts in four pages or fewer.

Why is the statement of facts important in an appellate brief?

The brief’s statement of the facts stands as an integral — and often crucial — part of the appellate process. Just as well- written facts may make the case, poorly written or misleading factual statements may condemn the brief to defeat and discredit its author. This Article offers suggestions on effectively conveying

Do you know how to write an appellate brief?

In theory, every law school graduate should know something about how to write an effective appellate brief. After all, first-year legal writing classes in law school often concentrate on that skill. Moot court competitions do too. Compared to other kinds of legal work, appellate briefs seem tidy and self-contained, with a predictable structure.

What makes a statement of facts in a brief?

Unlike other narratives, though, a Statement of Facts in a brief is subject to parameters that are based on the elements of the law that applies. The facts you choose to include in the Statement of Facts should bear a relationship to the factual criteria in the case law or statute that governs the legal issue.

What should be included in an answer brief?

Both the initial brief and the answer brief will contain a section called the statement of the case and facts. In this section, the briefs discuss the history and facts of the case. There must be no argument in the facts section. The initial and answer briefs will also contain argument sections.