APPELLATE BRIEF WRITING: A RESEARCH GUIDE
I. EXAMPLES OF BRIEFS Supreme Court Briefs American Bar Association Briefs from 2002 to the present are archived in PDF here. Findlaw (1999-2006) Lexis-Nexis (1979 – Present) Database: BRIEFS Westlaw (1990/91 – Present) Database: SCT-BRIEF Fourth Circuit Briefs Westlaw (1976-Present) Database: CTA4-BRIEF North Carolina Briefs Lexis (2000 – Present) Database: NCMTBR Westlaw (1998 – Present) Database: NC-BRIEF-ALL This database covers North Carolina Supreme Court, Court of Appeals, and Family Law Courts. NC Supreme Court and Court of Appeals Electronic Filing Site and Document Library Has the full text (PDF) of appellant and appellee briefs, as well as records on appeal. Coverage begins in January 2000. II. STUDY AIDS Appellate Advocacy in a Nutshell / Alan D. Hornstein Location: Reserves, FK 9050 Z9 H668 1998 Handbook of Appellate Advocacy / UCLA Moot Court Honors Program Location: Reserves, KF 251 H36 1993 Just Briefs / Laurel Currie Oates & Annie Enquist Location: Reserves, KF 251 O18 2003
III. TREATISES The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts / Bryan Garner Location: Legal Treatises, KF 251 G37 2003 Writing to Win / Steven Stark Location: Legal Treatises, KF 250 S8 2000 Discusses writing at both trial and appellate stages. Especially useful is chapter 5, entitled “The Role of Narrative in Argument.” Art of Advocacy: Appeals / Marshall Houts Location: Legal Treatises, KF 9050 .H68 1981 Pleasing the Court: Writing Ethical and Effective Briefs / Judith Fischer Location: Legal Treatises, KF 250 F53 2005 From the introduction: “A story survives about an advocate in Elizabethan England who filed a long, wordy brief. The court showed its displeasure by ordering the brief to be hung, written side outward, around his neck.” 1 Making Your Point: A Practical Guide to Persuasive Legal Writing / Kenneth Oettle Location: Legal Treatises, KF 250 O384 2007 Though this book offers a chapter on grammar, usage, and punctuation, its real focus is content, not mechanics. The book teaches techniques such as strategy, logic, perspective, and emphasis. Also includes a chapter on writing from an institution’s point of view. IV. WEB RESOURCES General Writing Guides The OWL at Purdue Writing Links and Links for Writers Guide to Grammar and Writing Moot Court Guides Using Westlaw for Moot Court Lexis-Nexis Guide for Moot Court Using Westlaw to Write a Brief Rules of Procedure North Carolina Rules of Appellate Procedure
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Mylward v. Weldon (1596), in 1 George Spence, The Equitable Jurisdiction of the Court of Chancery 376-77 n.h (1846).
Style Manual for the North Carolina Rules of Appellate Procedure Blogs Appellate Law and Practice Blog Recent cases and developments are discussed on this blog. On the right side of the page one can limit entries by category such as “Appellate Advocacy – Tips”. Mootness: The Moot Court Blog This blog has not been updated since 2006 but still contains many useful links to moot court competitions, advice, and resources. V. JOURNAL ARTICLES The articles below are available electronically via HeinOnline, Lexis-Nexis, or Westlaw. See Finding Journal and Law Review Articles for more information. Sarah E. Ricks and Jane L. Istvan, Effective Brief Writing Despite High Volume Practice: Ten Misconceptions That Result in Bad Briefs 38 U. Tol. L. Rev. 1113 (2006-2007) Brian L. Porto, The Art of Appellate Brief Writing, 29 Vt. Bar J. 30 (2003) Karl Linde, Appellate Brief Writing – Some (Hopefully) Helpful Hints, 25 Wyoming Law. 18 (2002) Henry Gabriel, Preparation and Delivery of Oral Arguments in Appellate Courts, 22 Am. J. Trial Advoc. 571 (1999) Karen J. Williams, Help Us Help You: A Fourth Circuit Primer on Effective Appellate Oral Arguments, 50 S.C. L. Rev. 591 (1999) Timothy Baughman, Effective Appellate Oral Advocacy: Beauty is Truth, Truth Beauty 77 Mich. Bar J. 38 (1998) Christine M. Durham, Writing a Winning Appellate Brief, 10 Utah Bar J. 34 (1997)
Compiled by Anthony Aycock, 10/07 Revised, 04/08