Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. Experiment if you must, but try to choose a color scheme early on in the semester and stick with it.
Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most.
Without annotations, you will likely have difficulty locating the information you seek even in the short cases. Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief.
To the extent that more elements will help with organization and use of the brief, include them.
Other Considerations and Procedural History required lots of highlighting in particular cases although not writing a brief for court every case. Who will read your brief? Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments.
What should you highlight? Consider using yellow for the text that you tend to highlight most frequently. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.
Pencil or pen — which is better to use when annotating? With that caveat, it would be permissible and often appropriate to make choices with respect to the format that we offer here - on framing the legal question presented, on characterizing and developing the theory of the case, on the level of detail to include in the Statement of Facts, on the choice and ordering of legal points in the Argument.
Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier. This element allowed him to release his thoughts without losing them so that he could move on to other cases.
When describing the Judgment of the case, distinguish it from the Holding. Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial.
One subject in which Procedure History is virtually always relevant is Civil Procedure.
In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements: This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case.
Yellow, pink, and orange are usually the brightest.
It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete.
What rationale is important to include in a brief? The court may discuss intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future courts.From the UCLA School of Law Moot Court Honors Program: Sample Title Page Sample Brief 1 Sample Brief 2 Sample Brief 3 Sample Brief 4 Sample Brief 5 Sample Brief 6 Sample Brief 7 Sample Brief 8 Return to Moot Court Competition Page Sample Moot Court Briefs.
From the UCLA School of Law Moot Court Honors Program: Sample Title Page. Sample. Narratives in Law: the Statement of Facts in a Trial Brief, Use of Paragraphs and Thesis Development in Legal Argument, and Checklist for Drafting a Trial Brief exemplify the components of a conventional structure for a brief to a trial court, and a paradigm for a legal argument.
While judges won’t necessarily come out and critique your brief-writing skills, listen for comments during a hearing that could give you a clue as to what he or she thinks about your style, suggested Catuogno.
How To Write a Legal Brief Despite that you should have learned all this in Legal Research & Writing back in law school, here is a brief introduction (or refresher) on brief writing. Follow the below steps and you’ll draft better briefs.
to gain the court's sympathy for an understanding of your client's situation. Many lawyers and judges believe that the statement of facts is the most important section of any brief.
ARGUMENT The argument is the foundation on which the rest of the brief is constructed and is the heart of the brief. Sep 02, · How to Write a Legal Brief Three Parts: Understanding the Facts and Legal Issues Researching the Legal Issues Writing Your Brief Community Q&A A brief is a written argument that a lawyer (or party to a case) submits to a court to persuade that court to rule in favor of his client’s position%().Download