Professional Documents
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A WIN MORE CASES Date started: / /
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STEP 1: KNOW THE RELEVANT FACTS
(a) What?
Examples
What happened?
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STEP 1: KNOW THE RELEVANT FACTS
(b) Who?
Examples
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STEP 1: KNOW THE RELEVANT FACTS
(c) When?
Examples
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STEP 1: KNOW THE RELEVANT FACTS
(d) Where?
Examples
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STEP 1: KNOW THE RELEVANT FACTS
(e) Why?
Examples
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STEP 1: KNOW THE RELEVANT FACTS
(f) How
Examples
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STEP 1: KNOW THE RELEVANT FACTS
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STEP 1: KNOW THE RELEVANT FACTS
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STEP 1: KNOW THE RELEVANT FACTS
You know you have completed Step 1 if you can explain the facts verbally, from memory, and with
no hesitation.
Check this box when you think you know the facts.
Go to Step 2.
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STEP 2: ANALYZE THE FACTS
(a) Parties
(i) Roles
(ii) Relationships
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STEP 2: ANALYZE THE FACTS
(b) Places
(i) Type
(ii) Location
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STEP 2: ANALYZE THE FACTS
(c) Objects
(d) Subjects
(e) Timing
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STEP 2: ANALYZE THE FACTS
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STEP 2: ANALYZE THE FACTS
(d) Defenses
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STEP 2: ANALYZE THE FACTS
(f) Jurisdiction
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STEP 3: IDENTIFY THE LEGAL QUESTIONS
Question 1
Question 2
Question 3
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STEP 3: IDENTIFY THE LEGAL QUESTIONS
1
These example questions come from Dennis Owens, ‘Appellate Brief Writing in the Eighth Circuit’ (2001) 57 (2) Journal of
the Missouri Bar 75.
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STEP 3: IDENTIFY THE LEGAL QUESTIONS
First question
Second question
Third question
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STEP 4: GENERATE SEARCH TERMS
4 BRAINSTORM KEYWORDS
Keywords 1
Main keyword
Broader
Narrower
Synonyms
Antonyms
Closely related
Loosely related
Procedural
Agencies
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STEP 4: GENERATE SEARCH TERMS
KEYWORDS 2
Main keyword
Broader
Narrower
Synonyms
Antonyms
Closely related
Loosely related
Procedural
Agencies
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STEP 4: GENERATE SEARCH TERMS
KEYWORDS 3
Main keyword
Broader
Narrower
Synonyms
Antonyms
Closely related
Loosely related
Procedural
Agencies
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STEP 5: SEARCH THOROUGHLY FOR SOURCES
5.1 Identify 5.2 Access 5.3 Assess 5.4 Acquire 5.5 Sort
Brainstorm the ‘5 spheres of Where can you get the source? Is the source useful? Did you get a copy? How? What questions does the
information’ to identify (library, website, database (currency, reliability, detail, (photocopied, ordered a copy, source relate to?
sources providers, etc) relevant, etc) borrowed a book, etc)
List the source (author, title, What date did you access the Where have you stored your
date, case citation, etc) source? copy? (folder, on disk, on
intranet, etc)
How did you find the source?
(databases searched, date of
search, search terms, etc)
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STEP 6: DIVIDE THE LAW INTO ITS
ELEMENTS & INGREDIENTS
PLAINTIFF 1 v DEFENDANT 1
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STEP 6: DIVIDE THE LAW INTO ITS
ELEMENTS & INGREDIENTS
PLAINTIFF 1 v DEFENDANT 2
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STEP 7: APPLY THE LAW TO THE FACTS
TO IDENTIFY ISSUES
PLAINTIFF 1 v DEFENDANT 1
7.1 List positive and adverse facts for each element and ingredient
7.2 List the positive and adverse evidence for each fact
7.3 Conclusion
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STEP 7: APPLY THE LAW TO THE FACTS
TO IDENTIFY ISSUES
PLAINTIFF 1 v DEFENDANT 2
7.1 List the positive and adverse facts for each element and ingredient
7.2 List the positive and adverse evidence for each fact
7.3 Conclusion
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STEP 8: PERSUADE THROUGH EMOTION
an institution?
another person?
fate?
society?
themselves?
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STEP 8: PERSUADE THROUGH EMOTION
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STEP 9: PERSUADE THROUGH LOGIC
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STEP 9: PERSUADE THROUGH LOGIC
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STEP 9: PERSUADE THROUGH LOGIC
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STEP 9: PERSUADE THROUGH LOGIC
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STEP 10: PERSUADE THROUGH CREDIBILITY
Tip 3. Then tell the judge the disruption that happened; write the facts
chronologically
Tip 4. If you have complicated facts, structure the facts into compartments,
introduced by headings
Tip 8. Return to your theme throughout. But do not tell the judge what to feel;
‘show them the situation, and that feeling will awaken in them’
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STEP 10: PERSUADE THROUGH CREDIBILITY
Tip 11. But then give your answer to the question (your conclusion) upfront
Tip 12. Make sure you support your conclusion with reasons
Tip 16. Organize your argument into compartments, introduced by headings and
subheadings
Tip 19. Start each succeeding paragraph with an introductory or topic sentence
that propels the discussion forward to the conclusion in your heading or
subheading
Tip 20. End your paragraphs in such a way as to point to the next paragraph’s
topic sentence
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STEP 10: PERSUADE THROUGH CREDIBILITY
Tip 21. Make sure each paragraph is about one thing only, which you explain in
each paragraph’s topic sentence
Tip 22. Connect each sentence and paragraph to enable the reader to move along
smoothly. Use ‘transitional’ techniques, such as:
Tip 23. In citing and discussing cases, put the best cases first
Tip 25. Rather, present the cases fully enough that the judge does not feel they
must read the case to understand it
Tip 26. And show how the cases fit into your argument, so that the judge
understands their significance
Tip 27. Use a version of CRAC to discuss cases; specifically, summarize what the
case holds before turning to its details
Tip 28. But do not overload your brief with case citations
Tip 30. Adapt your citations to the court and the judge
Tip 31. Do not ignore issues or precedents that harm your case; rather, confront,
explain, distinguish, or accommodate them
Tip 32. But put your argument before responding to other side’s points
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STEP 10: PERSUADE THROUGH CREDIBILITY
a concise statement of why you should win the case—for example, the
injustice or poor policy that will occur if the court rules against you or the
justice that will be served if the court says yes to your client
Tip 36. Write in a civil tone; omit all scorn, insult, sarcasm, and offensive
language
Tip 37. Use short words, short sentences, and short paragraphs
Tip 39. Use people’s names rather than procedural labels like ‘appellant’ and
‘appellee’
Tip 40. Include a Table of Contents that repeats your headings and subheadings
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STEP 10: PERSUADE THROUGH CREDIBILITY
A tip followed by WS means you can use WordStyler1 to help you to implement the tip. You can also
use StyleWriter2 for many of these tips.
Tip 42. Follow all current Rules of Court and Practice Directions, including rules
on …
binding
citation method
deadlines
electronic format
font size
fonts
margins
1
www.wordstyler.com.
2
www.editorsoftware.com/affiliates/CBW/.
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STEP 10: PERSUADE THROUGH CREDIBILITY
paper
spacing
Tip 43. Compare your citations with the original cases, or at least with a reliable
table of cases
Tip 46. Quote accurately; compare each quote against the original
Tip 49. In the Table of Contents, make sure the page numbers match the correct
pages
Tip 53. Where you must submit photocopies, submit only clean photocopies
Tip 54. Make sure you have written cross-references, including references to
footnotes ‘above’ and ‘below’, correctly
Tip 56. Get rid of unnecessary modifiers (such as ‘clearly’ and ‘obviously’) WS
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STEP 10: PERSUADE THROUGH CREDIBILITY
Tip 57. Depending on your audience, eliminate hedge words like ‘sort of’ and
‘possibly’WS
Tip 59. Avoid unnecessary nominalizations (for example, ‘carried out an analysis’,
‘made an application’)
Tip 65. Get rid of ‘throat-clearing’ phrases (for example, ‘It is significant that’,
‘It is important to note that’) WS
Tip 68. Where possible, turn negative phrases (for example, ‘he did not
remember’) into positive phrases (for example, ‘he forgot’)
Tip 69. Avoid using abbreviations; at the very least, define all abbreviations
Tip 70. Make sure you have written dates and numbers accurately
Tip 71. Include pinpoint page references in your citations; double check them
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STEP 10: PERSUADE THROUGH CREDIBILITY
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