First, by using practitioners' trial and appellate briefs
The problem with appellate brief
writing advice, however, is the same as with advice on any other topic: How do you know if it is any good?
There can be little dispute that communication through the written word is an art, and appellate brief
writing is no exception.
Unfortunately, too many appellate briefs
reflect ignorance of critical elements of the appellate process, including concepts of standard of review, prejudicial error, and remedy.
However, many of my recommendations apply to effective written advocacy in the trial courts, where the persuasive memorandum bears a strong resemblance to its sibling, the appellate brief
The trial court's decision was wrong and the company's appellate brief
provides clear and compelling legal reasons why the judgment should be overturned and the class decertified," said William S.
Legal issues addressed for the first time include attorney-client privilege, continuity of enterprise doctrine, context characterization, employee choice doctrine, employment discrimination, implied terms, invention-assignment agreements, judicial notice, malpractice in failure to file appellate brief
, restraints on alienation, stay of proceedings, stipulations, and subject matter jurisdiction.
On March 8, 2012, the DOJ, on behalf of the United States of America, filed a motion to extend the deadline for filing its initial appellate brief
, which is due to expire on March 19, 2012 to May 18, 2012.
The next set of chapters focus on the appellate brief
itself, discussing record on appeal and the joint appendix, writing the appellate brief
, the introduction and statement of the issues, substantive statements and summary of arguments, and other requirements of an appellate brief
Philip Morris parent Altria Group (NYSE:MO) filed its initial appellate brief
with the Illinois Supreme Court on Wednesday.
When a news reporter reads a well-prepared appellate brief
, shadings and nuances often reveal themselves, sometimes contradicting prior assumptions that even a knowledgeable reporter may have made about the true nature of a lawsuit.
36) A Florida appellate court, however, referred appellate counsel to the state bar because he made "unsubstantiated charges of collusion" against the trial judge and argued in his appellate brief
that the judge's ruling was "cockeyed and absurd" and demonstrated a "most startling absence of legal knowledge and irrational decision.