Law School Legal Outline Notes for Evidence Briefs by lkx18630

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                        Appellate Writing and Advocacy
                                       Course Information and Syllabus
                                                             Fall 2006




Jessica E. Price
Assistant Professor of Legal Writing
Marquette University Law School
Sensenbrenner Hall
PO Box 1881
Milwaukee, WI 53201
(414) 288-7486
jessica.price@marquette.edu
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                               Course Information
__________________________________________________________________

                                  Course Description

This course introduces students to the appellate process, appellate writing, and oral advocacy. It
is also a prerequisite to participation in moot court activities at Marquette University Law
School. Students will study how a case travels through the appellate courts at the state and
federal level, the criteria upon which cases are accepted for review, spotting issues for appeal,
standards of review, developing a theory of the appeal, drafting an appellate brief, and presenting
an oral argument. Students will learn these skills in the context of a moot court competition in
which they will draft an appellate brief and deliver oral arguments. At the end of the course,
students will be ranked according to their performances on the brief and the oral argument. These
rankings will determine students' eligibility for participation in the spring intramural competition
and in inter-school moot court competitions.

                                     Course Policies

Class Attendance and Participation. Section 207 of the Law School Regulations requires your
regular and punctual class attendance, and your class attendance and participation will be
factored into your grade for the course. We will consider an absence unexcused unless you
obtained prior permission to miss class, or the absence was unavoidable due to an emergency and
you could not obtain prior permission to be absent. Two or more unexcused absences will result
in an automatic one-half grade deduction from your final grade in the class. If you are absent
from class, you are responsible for obtaining class notes and handouts.

Plagiarism. You are responsible for compliance with the Legal Writing Plagiarism Policy, which
you should have learned about in your first-year legal writing course. Evidence of plagiarism
will be dealt with under the Law School Academic Regulations.

Technology Use. You may use computers for taking notes and other academic reasons.
Common sense and class etiquette dictate that computers are not to be used for other non-
academic reasons during class. Please turn your cell phones off before entering class.

Format and Deadline Violation Penalties. Specific form, length, and format requirements for the
appellate brief will be discussed in class. Deadlines and submission procedures will also be
described in class. Assignments that violate format or deadline requirements will be penalized.

Work File. You must retain drafts and final versions of your assignments and be able to produce
them upon request.




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                                 Contact Information
I encourage you to discuss your writing and research with me. Please do not hesitate to visit me
in my office during office hours (which I will announce in class), or any time when my door is
open.. If my door is not open, email is the best way to reach me (jessica.price@marquette.edu).
You may also call me at (414)288-7486.


                                      Course Grades
In General. You must complete and submit all assignments. Course grades are subject to the
MULS grading policy, which requires (a) the median score in the section to be a B, and (b) the
number of honor grades (As and ABs) within the section to be no more than 30% of the number
of students in the section.

Anonymous Grading. The final draft of the appellate brief will be graded anonymously. I will
explain in class the procedures for handing in assignments anonymously.

Joint Briefs. You will be working with another student on your appellate brief, which involves
two issues. Each student will be assigned to write the first draft of one of these issues. You will
submit individual writing assignments throughout the semester, and your individual draft of the
argument section and question presented will be factored into your class work grade. Class
attendance and participation will also count toward your class work grade. You will receive a
joint grade with your partner on the final draft of the appellate brief. Your oral argument score
will be an individual grade.

       Course Grade Components.

               Assignment                                     Weight

               Individual class work                    30%
               Final draft of the appellate brief             40%
               Oral argument                                  30%

               In addition, as noted in the Class Attendance and Participation policy, two or
               more unexcused absences will reduce your final grade in the class by one-half
               grade.

               Letter-Graded Assignments. You will receive a letter grade of A, A/B, B, B/C, C,
               D, or F on the Final Draft of the Appellate Brief and the Oral Argument. Please
               see the Law School Academic Regulations for further details on the interpretation
               of letter grades.




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               Required and Recommended Textbooks
The following textbooks are required for Appellate Writing and Advocacy:

       Mary Beth Beazley, A Practical Guide to Appellate Advocacy (2002).

       David C. Frederick, The Art of Oral Advocacy (2003).

       The Bluebook: A Uniform System of Citation (Columbia Law Review Ass’n et al. eds.,
       18th ed. 2005).

In addition, you may want a grammar and punctuation reference book such as The Gregg
Reference Manual for reference as you are drafting your brief.




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                    Course Syllabus
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Aug. 22    Introduction to the course and the appellate
           process; reviewing the record and creating an
           abstract

           Problem assigned; begin researching the problem

           Read Beazley, Chs. 1, 2.1 and 2.2, 3


Aug. 29    Identifying and preserving issues for appeal;
           standards of review

           Read Beazley, Ch. 2.3 and 2.4

           Please pair up with another student from class to work on
           your brief. You will be asked to identify your partner
           today. Also be prepared to discuss the issues for appeal
           are in our case.


Sept. 5    Developing a theory of the appeal; outlining the
           arguments; tables of contents and authorities; and
           the appendix

           Read Beazley, Chs. 4, 8.4.4, 8.4.5, and 8.4.16 (and one of
           the sample briefs)

           Bring a statement of the standard of review to class for
           class discussion.


Sept. 12   Point headings; organizing and supporting the
           argument; persuasion on appeal (policy, appellate
           court as audience)

           Read Beazley, Chs. 5, 6, 9.4.1-9.4.4, and 11

           Bring an outline of the arguments and a draft table of
           contents and authorities to class for class discussion.


                               5
Sept. 19   Questions presented; statements of the case;
           summary of the argument; introduction to oral
           argument

           Read Beazley, Chs. 9.1-9.3 and 13

           Read Frederick, Chs. 1 and 2 and App. A

           Bring a copy of the point headings to class for class
           discussion.

           Individual draft of the question presented and argument
           sections due 9/26

Sept. 26   More on oral argument

           Frederick, Ch. 3

           Submit your draft of the question presented and your
           section of the argument.


Oct. 3     Format and filing rules

           Read Beazley, Ch. 8 and App. B

           Bring a copy of your statement of the case and summary
           of the argument to class for discussion purposes.


Oct. 10    Dean Kearney

           Joint class session in room 325

           Conferences this week


Oct. 17    Revising and editing: style and mechanics

           Read Beazley, Chs. 7, 10, 12, and App. A




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Oct. 24   Petitions for review, court procedures for deciding
          appeals; writing wrap-up/final questions

          Read Wis. Stat. Chs. 808, 809, 821 (2001-02)

          Final brief due 10/31


Oct. 31   Converting your brief to an oral argument

          Read Frederick, Chs. 4 and 7

          Submit final brief.


Nov. 7    Speakers from court

          Joint class session in room 325

          Practice arguments week of 11/7


Nov. 14   Different argument styles

          Read Frederick, Chs. 5 and 6

          Final arguments 11/17-11/18


Nov. 21   Speakers from practice

          Joint class session in room 325


Nov. 29   Post-decision procedures; tips for moot court
          competitions

          Read Beazley, Ch. 14




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                         COURSE CALENDAR


Assignment   Date          Date Due               Date Returned
             Assigned

Appellate    August 21     Draft – September 26   Draft – At least 24
Brief                                             hours before your
                                                  scheduled
                                                  conference time
                                                  (conferences week
                                                  of 10/9)

                           Final – October 31     Final – First day of
                                                  spring semester

Oral                       Practice arguments –   Immediately
Argument                   week of November 6

                           Final arguments –      Final argument
                           November 17-18         score sheet – last
                                                  day of class




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