Announcements:

If you have not already done so, sign up as Appellant/ee after class today

Your source list and an outline of the argument section are due in class Monday, Feb. 7 (in one week).

There is not an exact number of sources but you should not include more than about 30 cases plus statutes. Divide the sources according to issue and include full case names and citations.

Announcements:

Please double space your outline and limit it to two pages. Limit the source list to two pages double spaced.

See the sample for the appropriate form for the outline, but your outline may look different in respect to the sample in such things as point and sub-point headings, placement of cases, statutes etc.

Turn in your Standard of Review assignment on the note cards provided. I will return these on Thursday.

Persuasive Point and Sub-Point Headings

Outlining the Argument Section of the Appellate Brief

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Point Headings

Point headings are persuasive summaries of the main arguments in your appellate brief.

Point headings are even more important in the appellate brief than they were in the memo.

Because in the Table of Contents, along with sub-point headings, they should provide your reader with an outline and summary of your entire argument.

(See sample brief )

Point Headings

Point headings should be conclusory statements about the legal issues which are favorable to your client.

Each point heading should be a single sentence that can be immediately understood.

Point headings should also be forceful and argumentative.

Organization of Point Headings

The main point headings need not relate to each other but should be organized in a logical order.

For example: Which point heading should come first in your problem? How would they differ depending upon who you represent?

1) The ruling you want.-Your conclusion of the issue

Point Headings should include:

1) The ruling you want,-Your conclusion of the issue

2) the legally significant facts,-unless it is a pure question of law

Point Headings should include:

1) The ruling you want,-Your conclusion of the issue

2) the relevant law

3) and the legally significant facts.-unless it is a pure question of law

Point Headings should include:

Point Heading Example

I. THIS COURT SHOULD REVERSE THE ORDER OF THE DISTRICT COURT DENYING RICE’S MOTION TO DISMISS (ruling you want) BECAUSE THE MARINOS FAILED TO ESTABLISH DIVERSITY OF CITIZENSHIP (the relevant law) SINCE RICE WAS PHYSICALLY PRESENT AND INTENDS TO REMAIN IN ILLINOIS INDEFINITELY (legally significant facts).

See the hand-out.

Which point headings are the best?

Sub-Point Headings

Unlike point headings, sub-point headings should be indented and are often more factual.

Like, point headings, sub-point headings should be a single sentence which is forceful and argumentative.

Sub-point headings supply specific reasons for the contention of the main point headings.

Sub-Point Headings

Sub-point headings should relate to the main point headings in a logical and consistent way.

Sub-point and point headings will be easier to read if you keep the subject and verb as close together as possible (unlike 18-E,1-B and 3-A, Shapo, pp.337, 338).

Generally, you should have two or more point or sub-point headings.

Sub-point heading example.

A. The lower court erred in denying Rice’s Motion to Dismiss because he was physically present in Illinois.

B. The lower court erred in denying Rice’s Motion to Dismiss because he intends to remain in Illinois indefinitely.

(sub-point headings are usually underlined)

Sub-sub-point heading example.

B. The lower court erred in denying Rice’s Motion to Dismiss because he intends to remain in Illinois indefinitely.

1. Rice’s personal ties in Illinois are more indicative of an intent to remain there than his business ties in Wisconsin.

2. Rice’s intent to remain in Illinois is evidenced by his exercise of rights and activities there which can only be done in one state.

3. Rice’s ties to Illinois are more definite than his ties to Wisconsin.

Summary: Point headings should. . .

Correspond to the issues and proceed in a logical order.

Combine the ruling you want with the relevant law and the legally significant facts.

Supply reasoning unless supported sub-point headings.

Articulate relevant legal principles without citing cases or statutes.

Use active voice and positive word construction as much as possible.

See Shapo pp. 333-335

Sub headings should . . .

Relate to the main point headings in a logical and consistent way.

Supply specific reasons for the contention of the main point headings.

Also be forceful and argumentative.

Also use active voice and positive word construction as much as possible.

Finally, whenever possible you should use parallel word construction in both point and sub-point headings.

Denial of Injunction ArgumentThe Point-Headings

Denial should be affirmed because:

I. (II.) Appellant unlikely prevail at trial.

II. (V.) No Property or Liberty Interest.

Denial of Injunction Argument

I. (II.) Appellant unlikely to prevail at trial.II. (V.) No Property or Liberty Interest.

A. (I.) No Property Interest in Education or Athletics

1 . (VII.) No property interest in Education

2 . (IV.) No property interest in Athletics

B. (IX.) Threatens no liberty interest in reputation, future opportunities or state entitlements.

1. (VIII.) Liberty interest in reputation not threatened

2. (VI.) Liberty interest in future opportunities not threatened

3. (III.) Liberty interest not threatened since no state interest

Steps In OutliningYour Argument Section

See the Sample Outline

1) Draft your first point heading. What will you address first?

2) Describe any road map or general rule sections.

3) Identify your specific case discussions/ describe your specific rules section.

4) Briefly explain your arguments.

5) Identify your responses to counter-arguments. REPEAT PROCESS FOR SECOND ISSUE