Persuasion isn't always the art of having the most details — it's about knowing your audience and tailoring your message. It is fully acceptable to ask for clarification and almost always preferable to answering a question the judge did not really ask. Never make an assertion supported simply by a case reference.
Although focused on the legal analysis, the judges are attuned to fairness considerations and can be persuaded by them in a close case.
Oral arguments are brief, so you must delve into only the most important and convincing arguments available to your side.
When you finish your argument or run out of timethank the Court and sit down. For example, in a case where United States Armed Forces used a drone to attack individuals in a country with which the United States is not at war, counsel for the government might state the case in the following way: Three Rules to Avoid Embarrassment: You never really know in advance if you have a judge who glanced at the bench brief or a judge who's spent a year career practicing in exactly the area of law you're discussing.
Except in response to questions, though, oral argument is not the time to recite the facts of the case. The presentation of the Seventh Edition is tighter with a more open page design that is even easier to read. Helpful instruction on the process of writing accompanies a study of the mechanics of style and grammar.
Cases must be argued and decided in their appropriate historical context. Any number of briefs filed before the Supreme Court of the United States are available online. Additional insight is given on the writing process as well as the process of persuasion, all with updated examples and exercises.
While you should certainly have some idea of what your argument sounds like -- what words you will use beyond your outline -- reading a speech is simply not persuasive. Court of Appeals for the Fourth Circuit.
Go where the judge leads you, even if that means not following the argument that you planned. The roadmap gives judges an overarching picture of the more nuanced argument that will follow.
Assuage concerns about the proverbial slippery slope.
If we are fortunate enough to have an even number of students, two students will be assigned to each case, one to the petitioner and one to the respondent. After you have your assignment and before your presentation date you have the following duties: Engage in an exchange of ideas with the judges and respond to their concerns.
On the first Wednesday of the term students will be assigned to cases.
Doing so also creates a convincing yet conversational style that puts judges at ease. Petitions for Certiorari—View from the Bench Chapter A Methodology of Brief Writing Chapter. brief writing and oral argument that you should feel free to consult.
An excellent brief from a prior Appellate Advocacy course is included in the course packet for your convenience. Writing out a summary before writing the argument may serve the same useful function as preparing an organizing outline, but a summary written in advance rarely will be phrased and organized as well as one written after thinking through all the ideas that come up during drafting.
Carole C. Berry, Effective Appellate Advocacy: Brief Writing and Oral Argument (West ) Michael R. Fontham et al., Persuasive Written and Oral Advocacy in Trial and Appellate. Brief Writing 1 BRIEF WRITING: TIPS FOR MAKING A BRIEF HELPFUL AND PERSUASIVE I.
INTRODUCTION This paper identifies specific tools for making a brief more helpful and persuasive. A common way to handle case authority in an appellate argument is to individually summarize a list of cases, and at the end of the list, insert a brief comparison.
Winning on Appeal has been adopted by top-flight law schools for appellate advocacy courses. It also has become a popular desk reference on how to write an effective brief and deliver a persuasive oral argument.Effective appellate advocacy brief writing and oral argument outline