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Introduction to Appellate Briefing

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Ian Banks

on 28 October 2013

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Transcript of Introduction to Appellate Briefing

Introduction to Appellate Practice
Appellate courts review only errors in the lower court(s).
The error must be preserved.The appeal must be from a final judgment.
Appellate courts give great deference on the facts but no deference on the law.
Intermediate courts of appeals must hear all appeals (mandatory jurisdiction).
Courts of last resort hear only those appeals they want to hear (discretionary jurisdiction).
Goals of Appellate Brief
Demonstrate refined analysis skills.
Demonstrate refined research skills.
Demonstrate refined fact identification.
Demonstrate ability to use logos, pathos, and ethos to persuade.
Demonstrate ability to follow complex instructions.
Demonstrate ability to translate existing knowledge into a new context.
Demonstrate ability to use exercise judgment in using samples.
Roadmap for Today
Standard of Review
Context for the Brief
Preparing for the Appeal
drafting and amending pleadings/indictment with care
making all appropriate motions
getting all needed facts into evidence
making needed objections and motions to preserve issues for appeal
briefing all issues thoroughly with needed theories and authorities
copyright 2013 Ian M. Banks
Intro to Appellate Briefing
App. Brief's Relationship to
Other Analytical Documents
Assignment & Grading
Goals for the Brief Assignment
Intro to Appellate Practice
Context for the Appellate Brief
Sections of the Brief
Context for the Brief
Framing the Appeal
appellant/petitioner files and serves notice of appeal
appellant/petitioner requests trial court to prepare record and forward it to appellate court
appellee/respondent may cross-appeal
appellee/respondent may add to record
appellate court judge may hold a pre-hearing conference
Context for the Brief
Presenting the Argument
appellant/petitioner files its brief
appellee/respondent files its brief
appellant/petitioner may file its reply brief, if any
amici may file briefs, if allowed by the court
counsel present oral arguments
Full transcript