Persuasive strategy

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Persuasive strategy

• Persuasive strategy appellate advocacy

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Ethos
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Audience (pathos)
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Standard of review
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Logos
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Structure
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Local Rules -- Rule 5 -- Form of Briefs

• (a)(2) Cover. The cover of the appellants brief
  must be blue the appellees, red. . . . The
  front cover of the brief must contain
• (A) the number of the case centered at the top
• (B) the name of the court
• (C) and so on.

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Local Rules -- Rule 2 -- Contents of Briefs

• (a) Contents. The brief must contain, under
  appropriate headings and in the order indicated
• (1) a table of contents, with page references
• (2) a table of authorities cases
  (alphabetically arranged), statutes, and other
  authorities with references to the pages of the
  brief where they are cited

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More Rule 2

• (3) constitutional provisions and statutes
  involved
• (4) a statement of jurisdiction, including

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More rule 2

• (5) a question presented for each issue presented
  for review
• (6) a statement of the case, which must contain
• (A) a description of the proceedings below, with
  appropriate references to the record and
• (B) a statement of facts relevant to the issues
  submitted for review, with appropriate references
  to the record

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More Rule 2

• (7) a summary of the argument, which must contain
  a succinct, clear, and accurate statement of the
  arguments made in the body of the brief, and
  which must not merely repeat the argument
  headings
• (8) the argument, which must contain
• (A) the partys contentions and the reasons for
  them, with citations to the authorities and parts
  of the record on which the party relies and
• (B) for each issue, a concise statement of the
  applicable standard of review

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And .. The end of Rule 2

• (9) a short conclusion stating the precise relief
  sought.

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Statement of the case

• Draft early?
• Include procedural facts
• Include legally significant facts
• Include emotionally significant facts
• Persuasive??

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Tables

• Use Word help

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Argument

• Organization
• Whats the overall Issue?
• Whats the overall Rule?
• Theory of the Case
• Favorable view of law
• Favorable view of facts
• persuasion

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Formulating a favorable rule

• Start with the good authority
• For bad authority
• Whats that?
• Appeal to stronger
• Distinguish
• Reinterpret
• Attack

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Structure the subparts

• Choose subheadings for emphasis
• Using subheadings to tally

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Use point headings for outline

• Legal conclusion reason
• Negligence happened
• Smith had a duty to Jones because .
• Smith breached his duty to Jones because
• Smiths breach caused harm to Jones because
• Jones suffered compensable damages because .

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Outline to working draft

• Umbrella section (thesis paragraph)
• Explain the overall issue, overall rule

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Divide argument into steps

• For each step, follow the paradigm (or a
  reasonable equivalent)
• Conclusion (Assertion)
• Rule
• Statement
• Explanation
• Application
• Factual conclusion
• Apply rule to facts
• Conclusion

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Counterarguments

• Include nettles
• Make your arguments
• Lead counterarguments with rebuttal