Overview of Spring Semester The Appellate Brief and Moot Court.

Overview ofSpring Semester

The Appellate Brief and

Moot Court

MethodologyContent

Ambiguity

MethodologyContent

Ambiguity

It depends… upon Analytical Categories

Persuasive vs. Predictive Writing

Last semester we concentrated on predictive writing in the development of legal memoranda.

This semester we will concentrate on persuasive writing in the development of a court brief.

This semester you will write as an advocate of a legal position

Compare Memos with Briefs Memorandum Brief

Tone Professional/ Uses suggestive Objective word choices

Audience Supervising Judge deciding

attorney case

Purpose To inform To persuade

OrganizeAround rule Strongest first

Facts Orderly presentation Play up good facts

Adverse Facts and Authority

Memorandum Brief

Adverse Disclose and discuss Neutralize Facts adverse facts

highlight favorable

Adverse Explain and discuss Determine if you Authority must disclose. If

so, distinguish.

Use of law IRAC IRAC but shape cases and

counter-arguments more

in your favor.

Moot Court Introduction

Moot court requires you to analyze, brief and argue a single appellate case.

Your two drafts of a brief on appeal will be followed by practice oral arguments, and will culminate in a final argument before a bench of your legal writing professor and third year moot court board members.

Moot Court PurposesThere are several purposes for moot court:

1) It is the first real experience of acting as an attorney, and as such you will manipulate the law to the facts in a way that you have not done so until now.

Moot Court Purposes

2) Moot court gives legal principles a specific context by way of the facts of your case and causes you to integrate both the procedural and substantive aspects of your case.

Moot Court Purposes

3) Finally moot court causes you to spend enough research time on a single legal issue to learn to appreciate the nuances of the law in a specified area and be able to argue the issue orally.

Moot Court Details

1) On Thursday, January 22, you will be given the case which you will have to argue on appeal. You should read over the problem carefully.

2) You and a partner will have an opportunity to sign up as Appellants or Appellees.

3) In your brief, you will argue both issues on appeal but in your oral arguments, you will argue one issue and your partner will argue the other. Two other students will the other side of these issues.

01/20/04 Receive Research Exam

01/22/04 Receive Appellate Problem

01/26/04 Research Exam Due

02/09/04 Source List and Outline Due

02/26/04 First Draft of Brief Due

Law Week

03/25/04 Final Drafts Due

Spring Break 04/05/04 Practice Oral Arguments

04/12/04 Final Oral Rounds Begin

Odds and Ends

Grades/Final Drafts of Appellate Brief

Research Classes and Exam, MLK make-up

Lexis Training and Court Watching (Appellate Argument-March 16)

Internet site: http://bama.ua.edu/~dcpowell

(The ID/Password is “moot” and then“court”

Writing Legal Letters

Opinion or Advice Letters

Letters to an Adversary

Letters to Third Parties

Transmittal/C.Y.A./Cover Letters

Writing Legal Letters

Audience

Purpose To counsel To persuade To inform

Strategy

Persona Tone* Law & Facts Organization

Demand Letters Typically demand letters are written by the

plaintiff’s attorney when ?

at the very beginning of a dispute before a complaint has been filed.

Generally they are written to avoid the costs of brining a suit in low profile cases.

Or as a means of making reasonable attempts to settle.

The Form of Demand Letters

Firm Letterhead Date Method of delivery (Certified/Return

Receipt) Recipient’s address block “Dear”* Body of Letter (single spaced) Closings* Enclosure CC:List any others receiving a copy

The Body of Demand Letters

The body of the letter starts with an introductory paragraph where you

introduce yourself and state the purpose of the letter. Stating the purpose of the letter is like the Questions Presented section of the legal memo.

Next give a brief summary of the facts but don’t lock yourself in. This is like the

Statement of Facts in the legal memo.

The Body of Demand Letters

State your position and an explanation of your position. This is similar to the Legal Discussion or application section of the legal memo.

You may include case law with case discussions and citations if necessary. If so give the law before applying it to your facts- (consistent with IRAC)

Conclude with any warnings, limitations or explanations of the next step.

Demand Letter Assignment

1) Write a demand letter on an issue of your own addressed to a person of you own choosing.

OR2) Write a demand letter for a cousin Peter Miller who recently had problems with his new home (see hand-out).

This assignment must be typed and completed in 1 to 2 pages (single spaced). It is due in class Thursday, January 15, 2004.

Student Interviewing

Cover Letters and

Thank You Letters