Team Rivera

Organizing the Argument

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Last Class: Writing the App. Brief

1. Have a plan

2. Understand the facts of your case

3. Understand the procedural facts & identify

the issues on appeal

4. Research the issues & master the law

5. Evaluate arguments & develop a theory

6. Outline your Argument

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Today
Sections of the Brief

Organizing the Argument

Argumentative Headings
Sections of the
Appellate Brief
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Sections of your Appellate Brief

Appellate Brief
Caption Page
Table of Contents
Table of Authorities
Statement of Jurisdiction
Statement of the Issues
Statement of the Case
Statement of the Facts
Summary of Argument
Argument
Conclusion
Cert. of Compliance
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Appellate Brief Formatting

Panapto &
Caption Page Demo File
Table of Contents
Table of Authorities
Statement of Jurisdiction How can you make
these sections
Statement of the Issues
persuasive?
Statement of the Case
Statement of the Facts
Summary of Argument
Argument
Conclusion
Cert. of Compliance
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Appellate Brief

Caption Page
Table of Contents
Table of Authorities
Statement of Jurisdiction
Statement of the Issues
Statement of the Case
Statement of the Facts
Summary of Argument
Argument
Conclusion
Cert. of Compliance
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Statement of Jurisdiction
 Explain basis for district court & circuit court’s
jurisdiction, timeliness of appeal, and appeal
from final order or judgment (and provide
citations)
 Samples
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Appellate Brief Match Arg. Point Headings

Caption Page
Table of Contents
Table of Authorities
Statement of Jurisdiction
Statement of the Issues
Statement of the Case
Statement of the Facts
Summary of Argument
Argument
Conclusion
Cert. of Compliance
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Statement of the Issues

 Number (matches Arg. headings)
 Format (type, spacing)
 Content (legal issue + reasons/legally
significant facts)
 Persuasiveness
(what court should do or
how trial court erred,
favorable facts, suggest
“yes” answer)
 Writing (clear with one read through)
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Appellate Brief

Caption Page
Table of Contents
Table of Authorities
Statement of Jurisdiction
Statement of the Issues
Statement of the Case
Statement of the Facts
Summary of Argument
Argument
Conclusion
Cert. of Compliance
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Statement of the Case

 Introduce parties and nature of the case
 Unlike many trial briefs, there is no introductory
section in Appellate Brief

 Content: procedural history – including

discussion of trial court decision on issues
 Include trial court & appellate court events, if any
 Include citations to page(s) in record
 Do not include arguments

 Samples
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Appellate Brief

Caption Page
Same as for Trial Brief
Table of Contents Content
Table of Authorities  Legally significant facts
 Emotional facts
Statement of Jurisdiction
 Background facts
Statement of the Issues  No arguments or
Statement of the Case conclusions
Statement of the Facts
 Organization
Summary of Argument
Argument  Theory of the Case
Conclusion  Citations
Cert. of Compliance
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Citation Check
 In a citation sentence, how do you cite to Dean
Hawthorne’s deposition on page 12 of the
record (Joint Appendix)?
notice period
inside parentheses
(J.A. at 12.)

Cite only to page(s) of the joint appendix and

not to the specific document within it.
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Appellate Brief

Caption Page
Table of Contents
 Begin with whether
Table of Authorities district court should be
Statement of Jurisdiction affirmed or reversed
and why
Statement of the Issues
 Major conclusions on
Statement of the Case issues and any
Statement of the Facts subissues
Summary of Argument  For each conclusion
Argument on issue/subissue,
concise statement of
Conclusion reasons supporting
Cert. of Compliance conclusion
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Summary of the Argument

 Organization (should parallel
Argument)
 Length (generally 1 to 2 pages)
 Writing (clear with one read through)
 Persuasiveness
 Generally no citations
 No direct quotations (unless “phrase
that pays”)
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Appellate Brief

Caption Page
Table of Contents
Table of Authorities
Statement of Jurisdiction
Statement of the Issues
Statement of the Case
Statement of the Facts
Summary of Argument
Argument
Conclusion
Cert. of Compliance
Organizing the
Argument Section
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Argument
 Content (standard of review w/ citation(s), point
headings, legal analysis w/ citations)
 Organization (Roadmap/Umbrella, C-R-A-C
and C-R-E-A-C, transitions, signposting)
 Writing
 Persuasiveness (theory of the case)
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Appellate Brief

Caption Page
Table of Contents
Table of Authorities
Jurisdictional Statement
Statement of the Issues
Statement of the Case
Statement of the Facts
Summary of Argument
Argument
Conclusion
Cert. of Compliance
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Argument
C The court should reverse the district court’s granting of
summary judgment because [provide reason(s)].
R
What goes here?
Standard of Review
First Amendment with Policy

C The court should reverse the district court’s granting of

summary judgment because [provide reason(s)].
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Argument
C
R

A I. Major Point Heading I

Which issue first?

II. Major Point Heading II

Which issue second?
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C I. MAJOR POINT HEADING ON SPEAKING AS A
CITIZEN ON A MATTER OF PUBLIC CONCERN

R What is in your rule?

A
What goes here?

C
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C I. MAJOR POINT HEADING ON SPEAKING AS A
CITIZEN ON A MATTER OF PUBLIC CONCERN

A A. Rivera spoke as a citizen because [provide C

reason(s)]. R
E
A
Organization? C

B. Rivera spoke on a matter of public concern C

because [provide reason(s)]. R
E
A
Organization? C

C
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C II. MAJOR POINT HEADING ON
EMPLOYEE’S INTERESTS OUTWEIGHING
EMPLOYER’S INTERESTS
R
What is in your rule?

C
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Organization
Overall Conclusion
Standard of Review and First Amendment
Major Point Heading on private citizen/public concern
Rule on private citizen/public concern
Minor Point Heading on private citizen
rule, rule explanation, application, conclusion on private citizen
Minor Point Heading on public concern
rule, rule explanation, application, conclusion on private citizen
Conclusion on private citizen/public concern
Major Point Heading on employer’s interest balanced against employee
interest
rule, rule explanation, application, conclusion
Overall Conclusion
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Next Class: Monday

 Bring a copy of draft of Argument (including

point headings) for Issue I (citizen/public
concern) to class