Persuasive Point and SubPoint Headings

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Persuasive Point and Sub-Point Headings

• Outlining the Argument
• Section of the Appellate Brief
• .

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Main 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 use parallel word
  structure to provide your reader with an outline
  and summary of your entire argument.
• (See sample brief and point-heading exercise)

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Denial of Injunction ArgumentThe Major
Point-Headings

• Denial should be affirmed because
• I. (II.) Appellant unlikely prevail at trial.
• II. (V.) No Property or Liberty Interest.

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Denial of Injunction Argument

• 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

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Denial of Injunction Argument

• 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

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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

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Main 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.

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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?

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Point Headings should include

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

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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

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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
• 3) and the relevant law
• (or you can give the law and THEN the facts)

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For Example

• I. This Court should affirm the district courts
  order dismissing Smiths complaint (ruling you
  want) because her husbands interception of
  telephone calls (legally significant facts) was
  within an implied exception from the Omnibus
  Crime Control and Safe Streets Act (the relevant
  law.)
• See the hand-out. Which point headings are the
  best?

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• C. This Court should reverse the district courts
  dismissal of Nunns claim (ruling you want)
  because under New Hampshire law, the defendant,
  knowing the guest would soon be driving his
  automobile. (legally significant facts) violated
  his duty to his guest not to serve him alcoholic
  beverages (relevant law) when the guest was
  intoxicated. (legally significant facts)

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And . . .

• A. This Court should reverse the district courts
  refusal to grant the Defendant an entrapment jury
  instruction (the ruling you want) because his
  plea was not inconsistent with a request for
  such a jury instruction (relevant law) even
  though he pleaded not guilty and denied the
  intent element of the crime. (legally significant
  facts)

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Draft a Point Headingfor Nevins Brief

• (Ruling you want)
• (Legally significant facts)
• (The relevant law)

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Draft a Point Headingfor Nevins Brief

• (Ruling you want)
• This Court should reverse the circuit courts
  conviction for assault with a dangerous
  instrument
• (Legally significant facts)
• because, the small drinking glass that Nevin
  threw at the bartenders back,
• (The relevant law)
• was not an instrument capable of causing death or
  other serious physical injury under P.L. 10.00
  (13).

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A Point-heading for Nevins brief.

• I. THIS COURT SHOULD REVERSE THE CIRCUIT COURTS
  CONVICTION OF NEVIN FOR ASSAULT SHOULD BECAUSE
  THE SMALL DRINKING GLASS THAT HE THREW AT THE
  BARTENDERS BACK WAS NOT AN INSTRUMENT CAPABLE OF
  CAUSING DEATH OR OTHER SERIOUS PHYSICAL INJURY
  UNDER P.L. 10.00 (13).
• (With all caps for the Point-heading)

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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.

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Drafting Point andSub 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.

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Draft a sub-point headingfor Nevins brief.

• I. THIS COURT SHOULD REVERSE THE CIRCUIT COURTS
  CONVICTION NEVIN FOR ASSAULT BECAUSE THE SMALL
  DRINKING GLASS THAT NEVIN THREW AT THE
  BARTENDERS BACK WAS NOT AN INSTRUMENT CAPABLE OF
  CAUSING DEATH OR OTHER SERIOUS PHYSICAL INJURY
  UNDER P.L. 10.00 (13).
• A. The drinking glass was not an instrument
  capable of causing death or other serious
  physical injury because Nevin put it to a
  non- standard use unlikely to cause injury.
• (With the point-heading in caps and sub-point
  heading underlined)

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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

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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.

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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 sections.
• 3) Identify your case discussions/ describe
  your rules section.
• 4) Briefly explain your arguments.
• 5) Identify your responses to counter-arguments.
• REPEAT PROCESS FOR SECOND ISSUE