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Announcements:

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Announcements: If you have not already done so, sign up as Appellant/ee after class today ... to issue and include full case names and citations. Announcements: ... – PowerPoint PPT presentation

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Title: Announcements:


1
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.

2
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.

3
Persuasive Point and Sub-Point Headings
  • Outlining the Argument
  • Section of the Appellate Brief
  • .

4
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 )

5
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.

6
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?

7
Point Headings should include
  • 1) The ruling you want. -Your conclusion of the
    issue

8
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

9
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

10
Point Heading Example
  • I. THIS COURT SHOULD REVERSE THE ORDER OF THE
    DISTRICT COURT DENYING RICES 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?

11
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.

12
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.

13
Sub-point heading example.
  • A. The lower court erred in denying Rices Motion
    to Dismiss because he was physically present in
    Illinois.
  • B. The lower court erred in denying Rices Motion
    to Dismiss because he intends to remain in
    Illinois indefinitely.
  • (sub-point headings are usually underlined)

14
Sub-sub-point heading example.
  • B. The lower court erred in denying Rices Motion
    to Dismiss because he intends to remain in
    Illinois indefinitely.
  • 1. Rices personal ties in Illinois are more
    indicative of an intent to remain there than his
    business ties in Wisconsin.
  • 2. Rices intent to remain in Illinois is
    evidenced by his exercise of rights and
    activities there which can only be done in one
    state.
  • 3. Rices ties to Illinois are more definite than
    his ties to Wisconsin.

15
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

16
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.

17
Denial of Injunction Argument The Point-Headings
  • Denial should be affirmed because
  • I. (II.) Appellant unlikely prevail at trial.
  • II. (V.) No Property or Liberty Interest.

18
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

19
Steps In Outlining Your 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
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