the Brief

The Legal Brief and Oral Argument Tips
Here is an example of a generic cover page:



In The
Supreme Court of the United States




NAME(S) OF PLAINTIFF (APELLANT)

vs.
NAME(S) OF RESPONDENT



Identification of the brief as being that of the Appellant or the Respondent





Attorney’s Names
Firm’s Full Name
Address
City, State, Zip Code
Attorneys for…………….



From the Lexis-Nexus


`Tips for writing a persuasive appellate brief:
* Well-supported facts make stronger arguments. Thoroughly research your issue and base your case on documented material.
* State the facts with clarity and conciseness. An easy-to-read presentation of the facts makes your case. Remember to follow the logical order of an outline.
* Use argumentative headings. The title of each argument section should clearly suggest the legal conclusion to be reached.
* Rarely use block quotations. Try to find pertinent quotations of fewer than 50 words.
* Use the parties’ names. Don’t refer to the parties by their litigation status (e.g., “the defendant”), unless court rules require otherwise.
*Avoid alphabet soup. The alphabetical short form of names becomes meaningless. Use the persuasive force of words.
* Make sure your citations are absolutely correct. Check and recheck. Then check again.
* Proofread the entire brief several times. Make sure there are no grammatical errors, no typographical errors, and no spelling errors.


Components of an appellate brief
* Cover Page
* Questions Presented
* List of all Parties
* Table of Contents (depending on length)
* Table of Authorities
* Constitutional Provisions
* Statement of the Case
* Summary of the Argument
* Argument
* Conclusion

Oral Argument
Tips for a successful Oral Argument
∑ Know your brief forward and backward.
∑ Research your opponent’s side of the case thoroughly.
∑ Prioritize your arguments from strongest to weakest.
∑ Build on one idea, make it as powerful as possible
∑ Be ready for surprises.
∑ Prepare answers to anticipated questions.
∑ Practice your argument, but don’t overpractice.
∑ Know when it is time to stop talking and say “thank you” to the court upon concluding.



Universal Don’ts for Oral Argument
∑ Don’t read your argument.
∑ Don’t point or overuse your hands.
∑ Don’t speak in a monotone.
∑ Don’t shout at the judges, but don’t mumble either.
∑ Don’t use hyperbole, exaggeration or overstatement.
∑ Don’t overpractice. Your best performance should be the day of the argument.