Unclear and unpersuasive legal writing often comes from undeveloped analysis and undisciplined organization. This webinar explores best practices for structuring and organizing briefs, including how to most effectively frame and sequence arguments, use authority, and find a winning theme. It also takes a fresh look at an old law school war horse -- : I(ssue) R(ule) (A)nalysis C(onclusion) – one of the few rules in life from which there’s virtually never cause to deviate.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/structure-and-organization-2021/
Unclear and unpersuasive legal writing often comes from undeveloped analysis and undisciplined organization. This webinar explores best practices for structuring and organizing briefs, including how to most effectively frame and sequence arguments, use authority, and find a winning theme. It also takes a fresh look at an old law school war horse -- : I(ssue) R(ule) (A)nalysis C(onclusion) – one of the few rules in life from which there’s virtually never cause to deviate.
Part of the webinar series: PERSUASIVE BRIEF WRITING 2022
See more at https://www.financialpoise.com/webinars/
NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022 -Appellate Practice- 101 Financial Poise
When is an appeal permitted and when should you take one? What rules and procedures govern appellate practice and how can you best avoid technical and procedural mistakes. How are appellate briefs different from those filed with the trial court and what are some keys to making them successful? And how can you best prepare for appellate oral argument? This webinar explores these questions and more with a panel of experienced appellate litigators.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
See more at https://www.financialpoise.com/webinars/
Appellate Practice - 101 (Series: Newbie Litigator School 101 - Part 2)Financial Poise
When is an appeal permitted and when should you take one? What rules and procedures govern appellate practice and how can you best avoid technical and procedural mistakes. How are appellate briefs different from those filed with the trial court and what are some keys to making them successful? And how can you best prepare for appellate oral argument? This webinar explores these questions and more with a panel of experienced appellate litigators.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/appellate-practice-101/
Effective Legal Writing for Your Client and Court AudiencesRichik Sarkar
This CLE focused on making direct arguments in all briefs to ensure critical messages are effectively conveyed and that they answer judges’ primary questions about why they should do what a litigant asks and how they have that authority. Attendees learned how to ensure that their briefs convey not only the necessary legal argument but also the client’s perspective on issues.
Brief Texas v. Johnson located on page 166 of your text. Follow.docxjackiewalcutt
Brief
Texas v. Johnson
located on page 166 of your text. Follow the briefing format explained on pages 13-16: citation, facts, rule, issue, holding, reasoning, and criticism.
Recall that the facts should include any fact that you think affected the court's decision as well as the main procedural facts. The rule should be the rule as it existed prior to this decision.
The issue statement should contain two main components: the rule (label plus definition) and specific facts. After reading the issue, the reader should know exactly why each side thought it had a chance of convincing the court that it should win.
The holding should be very specific so that your reader will know the limits that the court placed on its decision.
The reasoning section should be as complete as possible so that your reader can fully understand why the court decided as it did.
Finally, the criticism section should include a short accounting of what the dissent had to say. Your criticism section should also point out any logical failings or limitations that you found in the majority opinion's thinking. Make sure anyone reading your criticism section can tell when you are giving your own criticism versus when you are simply reporting on what the dissent had to say.
The project is due as follows:
Part A -- Citation, Facts, and Rule - Week 1
You only have do the citation, facts, and rule!!!!!!!
The following pages are the e-text steps you'll hav e to follow to create the case brief.
page 13
(3) Briefing court opinions
The word
brief
has several meanings in the legal field. When we refer to briefing a case or to
case briefs
, we are referring to a written summary of a court opinion. This is to be contrasted with an appellate brief, which is a formal written argument to an appellate court, in which a lawyer argues why that court should affirm or reverse a lower court's decision.
(a) Reasons for briefing cases
Briefing court opinions serves two purposes. First, and most important, it makes you read the case thoroughly. You have to go back and dig out the essentials, organize them, and state them in your own words. This is necessary for an adequate understanding of the court opinion. Second, it is a form of note taking that provides a condensed record of the most important information about the case you briefed. You can use these case briefs to refresh your memory when preparing for class or studying for exams.
(b) Format of a case brief
While most case briefs share many common features, there is no single format that is universally accepted within the legal community. Indeed, there are almost as many different briefing styles as there are attorneys writing briefs. What we present here is an approach that we think will help you organize your thoughts and understand the opinion.
The case briefing method described here breaks the case down into the following elements: (i) case citation, (ii) facts — both procedural and substantive, (iii) r.
Unclear and unpersuasive legal writing often comes from undeveloped analysis and undisciplined organization. This webinar explores best practices for structuring and organizing briefs, including how to most effectively frame and sequence arguments, use authority, and find a winning theme. It also takes a fresh look at an old law school war horse -- : I(ssue) R(ule) (A)nalysis C(onclusion) – one of the few rules in life from which there’s virtually never cause to deviate.
Part of the webinar series: PERSUASIVE BRIEF WRITING 2022
See more at https://www.financialpoise.com/webinars/
NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022 -Appellate Practice- 101 Financial Poise
When is an appeal permitted and when should you take one? What rules and procedures govern appellate practice and how can you best avoid technical and procedural mistakes. How are appellate briefs different from those filed with the trial court and what are some keys to making them successful? And how can you best prepare for appellate oral argument? This webinar explores these questions and more with a panel of experienced appellate litigators.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
See more at https://www.financialpoise.com/webinars/
Appellate Practice - 101 (Series: Newbie Litigator School 101 - Part 2)Financial Poise
When is an appeal permitted and when should you take one? What rules and procedures govern appellate practice and how can you best avoid technical and procedural mistakes. How are appellate briefs different from those filed with the trial court and what are some keys to making them successful? And how can you best prepare for appellate oral argument? This webinar explores these questions and more with a panel of experienced appellate litigators.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/appellate-practice-101/
Effective Legal Writing for Your Client and Court AudiencesRichik Sarkar
This CLE focused on making direct arguments in all briefs to ensure critical messages are effectively conveyed and that they answer judges’ primary questions about why they should do what a litigant asks and how they have that authority. Attendees learned how to ensure that their briefs convey not only the necessary legal argument but also the client’s perspective on issues.
Brief Texas v. Johnson located on page 166 of your text. Follow.docxjackiewalcutt
Brief
Texas v. Johnson
located on page 166 of your text. Follow the briefing format explained on pages 13-16: citation, facts, rule, issue, holding, reasoning, and criticism.
Recall that the facts should include any fact that you think affected the court's decision as well as the main procedural facts. The rule should be the rule as it existed prior to this decision.
The issue statement should contain two main components: the rule (label plus definition) and specific facts. After reading the issue, the reader should know exactly why each side thought it had a chance of convincing the court that it should win.
The holding should be very specific so that your reader will know the limits that the court placed on its decision.
The reasoning section should be as complete as possible so that your reader can fully understand why the court decided as it did.
Finally, the criticism section should include a short accounting of what the dissent had to say. Your criticism section should also point out any logical failings or limitations that you found in the majority opinion's thinking. Make sure anyone reading your criticism section can tell when you are giving your own criticism versus when you are simply reporting on what the dissent had to say.
The project is due as follows:
Part A -- Citation, Facts, and Rule - Week 1
You only have do the citation, facts, and rule!!!!!!!
The following pages are the e-text steps you'll hav e to follow to create the case brief.
page 13
(3) Briefing court opinions
The word
brief
has several meanings in the legal field. When we refer to briefing a case or to
case briefs
, we are referring to a written summary of a court opinion. This is to be contrasted with an appellate brief, which is a formal written argument to an appellate court, in which a lawyer argues why that court should affirm or reverse a lower court's decision.
(a) Reasons for briefing cases
Briefing court opinions serves two purposes. First, and most important, it makes you read the case thoroughly. You have to go back and dig out the essentials, organize them, and state them in your own words. This is necessary for an adequate understanding of the court opinion. Second, it is a form of note taking that provides a condensed record of the most important information about the case you briefed. You can use these case briefs to refresh your memory when preparing for class or studying for exams.
(b) Format of a case brief
While most case briefs share many common features, there is no single format that is universally accepted within the legal community. Indeed, there are almost as many different briefing styles as there are attorneys writing briefs. What we present here is an approach that we think will help you organize your thoughts and understand the opinion.
The case briefing method described here breaks the case down into the following elements: (i) case citation, (ii) facts — both procedural and substantive, (iii) r.
We’ve all long heard about writing practices to avoid, including run-on sentences, excessive passive voice, and nominalization. This webinar not only discusses how those habits can damage briefs, but also explores a key habit brief-writers should embrace: using strong, precise verbs, which are the engine of a persuasive sentence. Panelists also exchange views about finding the most persuasive voice and tone, as well as the right temperature for rhetoric.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/style-2021/
Slide 1 Research Assignment LAW00004 Company Law s.docxbudabrooks46239
Slide
1 Research Assignment
LAW00004 Company Law
session 2 2015
Slide
2
Research Assignment
Weighting: 50%
Due Date: 18th August 2015
Submission method: turnitin
Length: 2400 words
The headings, footnotes, bibliography
& coversheet do not form part of the word count.
Slide
3 Research Assignment
Go to blackboard –
Research Assignment Details
Slide
4 Marking Criteria
The assignment will be marked according to the
following criteria:
• Research (40%)
• Analysis (50%)
• Technical aspects (10%)
Go to the assessment details on blackboard.
Slide
5 Research Assignment
Assignment Structure
• Introduction
• body and
• conclusion.
Slide
6 Research Assignment
• The focus is on the terms ‘good faith’ and ‘proper
purpose’ as they are used together in the
Corporations Act 2001 (Cth).
• In particular — the use of ‘good faith’ and ‘proper
purpose’ as used in the composite term “good
faith for a proper purpose”.
• Give 3 examples to demonstrate the term as a
corporate governance mechanism
Slide
7 Research Assignment
Consider using subheadings to identify to the
reader (and importantly the marker) what you
are discussing. For example
• Introduction
• ‘Good faith for a proper purpose’.
• Three examples as corporate governance
mechanisms
• Conclusion
Slide
8 Research Assignment
• As the name ‘research Assignment’ suggests
your discussion and analysis should be
supported by a depth of research.
• Important: note the marking criteria.
• To avoid plagiarism you will need to cite the
source of the information.
• You are expected to cite the research, including
cases that discuss the term
Slide
9 **Read the Assignment Topic carefully.
• Note the specific requirements: in particular the
words ‘With reference to the above statement,
case law and the Corporations legislation’
• Do not forget about the assignment statement.
• Focus on Australian law (but English law could
also be relevant).
Slide
10
Research
• The main focus of you discussion should be on
explaining the term ‘good faith for a proper purpose"
• Your research should include cases and
commentary.
• Case law assists to demonstrate the legal
principles.
• The commentary should include text books and
journal articles.
• Avoid writing out large extracts from the legislation.
• Avoid writing out large extracts from the cases.
• Use cases & material to support your own
discussion
Slide
11 'Research Assignment’ –
Case Law
• Aim at discussing ‘case law’ under each of the
examples used.
• Case law will assist to demonstrate your
understanding and explanation of the terms
‘good faith” & “proper purpose“ and its role as a
corporate governance mechanism.
• The term ‘case law’ includes general law cases
and cases that interpret the relevant statutory
provisions.
Slide
12 'Research Assignment’ – case law
• You are not expected to .
Assessment task title Essay (Critical Evaluation of Legal) .docxgalerussel59292
Assessment task title: Essay (Critical Evaluation of Legal)
Details of Task:
"The directors of companies,... being managers of other people’s money than their
own, it cannot well be expected that they should watch over it with the same anxious
vigilance with which partners in a (...partnership...) frequently watch over their own. ...
Negligence and profusion, therefore must always prevail more or less, in the management
of the affairs of ...a company. ( Adam Smith, The Wealth of Nations (Random House, New
York :1937), 700)
Support, refute or refine the above assertion in the light of corporate governance theories.
Critically assess the success of the Codes of Corporate Governance Codes in addressing the
problems identified by Adam Smith.
Word limit: 1900- 2000 words
Criteria for marking: The marking rubric will be posted on Moodle
Learning objectives assessed: 2, 3 and 4
WRITING AN OPINION ON A LEGAL ISSUE
Introduction
The presentation of an opinion on a legal issue will be considered under two heads as follows:
(a) The pre-writing stage; and,
(b) The actual writing.
The pre-writing stage encompasses the collection of data, making notes and making preliminary decisions about the information amassed and avoiding pitfalls. Very often, the position adopted – for or against – an issue is emotional and is part of the pre-writing stage.The validity of your position has to be tested against the facts, opinions and other data you compile even before you begin drafting your outline.
Before the writing begins
Normally, you will be given a set of facts involving one or more issues which may involve the law . The facts give rise to a difference of opinion with some arguing in favour of an issue and others arguing against it.. You are usually asked to support a given point of view or to rebut it or to refine it. Several preliminary matters must be considered before you actually put pen to paper.
Legal issues are usually carefully crafted and are highly unlikely to contain any unnecessary facts. Thus every fact furnished is likely to be important. It is therefore necessary that you do not dismiss out of hand, any detail as “superfluous”. Even if you think that a fact is surplusage, consider it carefully to determine its impact on the issue; chances are that it does affect the legal position. Close consideration of such a fact will usually enable you to establish its relevance to the legal issue under scrutiny.
Normally, the fact situation given is complete and you are not expected to supply any missing facts. This does not, however, mean that you cannot draw attention to facts that appear to have been omitted from the issue. One situation in which this must be done is where, in your opinion, the missing facts will drastically affect alter the legal position you are arguing.. However, before you do this, you must ensure that you have scrutinized all the given facts to ensure that the fact perceived to be missi.
Research Outline Length 3 – 4 pages (excluding title pa.docxronak56
Research Outline
Length: 3 – 4 pages (excluding title page)
Due: Week 3 by Sunday Midnight
Value: 150 Points for 15% of the grade
Post: Week 3 Assignments
Prepare and submit by Sunday midnight an outline of your research which includes the following
components:
• A description of the research issue
• The research purpose and 2 research questions your research will answer
• An outline of the literature review, and conclusions and recommendations
• A preliminary reference list of 5 - 8 sources you may use in preparing your Literature Review (the
final Literature Review due in week 7 requires a minimum of 8 sources of which 7 must be peer-
reviewed journal articles and include 2 research studies).
Evaluation Criteria for the Research Outline
Report Elements Exemplary
Proficient
Developing
Emerging
Research Issue
20 - 19
Clearly and
concisely describes
the research issue
and purpose. The
importance and
value of the project
is evident.
18 - 17
Fairly clearly
describes the
research issue and
purpose. The
importance and
value of the project
is clear.
16 - 15
Somewhat clearly
describes the
research issue and
purpose. The
importance and value
of the project is
somewhat clear.
14 - 0
Unclear or confusing
description of
research issue and
purpose. The
importance and value
of the project is
unclear.
Research Purpose
and Questions
25 - 23
Clearly and
concisely describes
the research
purpose and
identifies 2 specific
research questions
which can lead to
specific conclusions
and
recommendations
that address the
research issue.
22 - 20
Fairly clearly
identifies research
describes the
research purpose
and identifies 2
specific research
questions which can
lead to conclusions
and
recommendations
that address the
research issue.
19 - 17
Somewhat clearly
describes the
research purpose
and dentifies 1 - 2
research questions
which may be too
general or not easily
researched. May
need to more clearly
define research
purpose and
question(s) to ensure
findings result in valid
conclusions
16 - 0
Research purpose is
not defined.
Research questions
may be overlapping,
not succinct, and/or
may not result in
conclusions or
recommendations
that address the
issue.
Literature Review
Outline
30 - 27
Clearly and
concisely identifies
key points to
respond to research
questions supported
by citations. Outline
indicates
comprehensive
research and
analysis effort.
26 - 23
Fairly clearly
identifies key points
to respond to
research questions
supported by
citations. Outline
indicates a fairly
comprehensive
research and
analysis effort
22 - 19
Somewhat clearly
identifies key points to
respond to research
questions supported
by citations. Outline
indicates some
research and analysis
has been done
18 or less
Limited if any
identification of key
points to respond to
research questions
supported by
c ...
NEWBIE LITIGATOR SCHOOL - Part I 2022: Working With Experts Financial Poise
Expert witnesses are an integral part of modern commercial litigation. They can be used for everything from calculating damages to explaining software workflows to establishing industry standards. This webinar begins with an exploration of the common types of cases that call for use of expert testimony. From there, we discuss the rules governing experts, including expert disclosures, discovery, and expert depositions. We also discuss the Daubert standard for excluding expert testimony, and discuss how a successful Daubert motion may be brought. This hour will help you figure out when and how to hire your own expert, and will give you some ideas on how to challenge your opponent’s expert when the time comes.
Part of the webinar series:
NEWBIE LITIGATOR SCHOOL - Part I 2022
See more at https://www.financialpoise.com/webinars/
Paralegal's Guide to the Methodology of Effective Legal ResearchMichael Kaiser, JD.
Presented by Michael Kaiser to a national audience on October 25, 2011, on behalf of the Institute for Paralegal Education.
Mr. Kaiser, founder of the Kaiser Legal Group, is a consultant and mediator. He also regularly speaks at the law school level and at Continuing Legal Education (CLE) seminars for attorneys. He earned his Bachelor of Arts degree in Political Science from the University of Washington and his Juris Doctor from Seattle University. You may contact him at 206-660-2858 or Michael.Kaiser@Kaiser-LegalGroup.org.
ABOUT PARAGRAPHSParagraphs contain THREE BASIC COMPONENTS.docxbartholomeocoombs
ABOUT PARAGRAPHS:
Paragraphs contain THREE BASIC COMPONENTS
1. TOPIC SENTENCE or CLAIM
2. CONCRETE DETAIL or DATA
3. COMMENTARY or WARRANT
TOPIC SENTENCE [TPS aka the "CLAIM"]
Usually, the first sentence in a BODY PARAGRAPH. It should introduce the topic of the paragraph and relate directly back to the THESIS. (or, in a longer essay, relate it directly back to the TPS of the preceding paragraph.) Imagine someone asking you, "How do you want me to think about your topic now?"
CONCRETE DETAIL [CD aka the "DATA"]:
This is the specific information you offer as the EVIDENCE for your topic; it will be the core of your paragraph. Imagine someone asking you, "Can you show me what you mean?" Other names for CONCRETE DETAIL: illustrations, examples, descriptions, quotations, paraphrasing, plot evidence.
During DRAFTING you may rely upon PHRASES like "FOR EXAMPLE" to introduce CONCRETE DETAIL--this is the kind of thing to eliminate during REVISION
In the literature essay, CD is often a DIRECT QUOTATION.
COMMENTARY [CM aka the "WARRANT"]:
This is your explanation for offering the concrete detail you select--that is, your comment on, discussion about, or evaluation of the evidence (CD) offered. Imagine someone asking you, "What exactly does your concrete detail prove?" You want to suggest how your CD is both relevant and unique. Other names for COMMENTARY include: insight, analysis, interpretation, evaluation, response, explication, reflection.
A hint for getting started on COMMENTARY: begin with the phrase : THIS SHOWS THAT . . . This is the kind of thing to eliminate during REVISION
Once you understand the different components of a paragraph, you can choose to MOVE BEYOND THE TEMPLATE. Some students depart from the FORMAT, some never do.
This whole discussion is based on Toulmin's Model . Here's a little bit more about it.
The model is a six-step system of argument:
(1) a CLAIM is made;
(2) DATA (also called "GROUNDS"), i.e., facts to support it, are offered;
(3) a WARRANT for connecting the data/grounds to the claim is conveyed
In addition, Toulmin adds
(4) BACKING, the theoretical or experimental foundations for the warrant, is shown (at least implicitly);
(5) appropriate MODAL QUALIFIERS (some, many, most, etc.) temper the claim; and
(6) possible REBUTTALS are considered.
But, for now, let us focus on the first three (and add a concluding sentence.
Claim
A claim is a statement that you are asking the other person to accept. This includes information you are asking them to accept as true (exposition) or actions you want them to accept and enact (persuasion).
Many people start with a claim, but then find that it is challenged. If you just ask me to do something, I will not simply agree with what you want. I will ask why I should agree with you. I will ask you to prove you claim. This is where grounds of data become important.
Data
Data is the basis of real persuasion and is made up of information and hard fact.
1 How to Brief a Case Prepared for the Legal S.docxhoney725342
1
How to Brief a Case
Prepared for the Legal Studies Program
American Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like a “book report,” but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
Under the doctrine, a prior court’s decision serves as “authority” for a subsequent court which
will address the same or similar issue. Therefore, understanding a court’s decision and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brief is a tool by means of which to “capture” or outline the most important
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
quotes from the court’s opinion. The brief should be written in your own words, based on your
understanding of the case. Of course, select quotes of the court’s words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
Often, your textbooks will contain synopses of or abbreviated versions of courts’
opinions. When you want to understand a court’s decision, it is essential that you read the entire
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and Citation: As a header on the first page of your brief, you should state
the name of the case, identify each party’s role in the cas ...
Why Brief a Case Cases are written by lawyers for lawyers.docxalanfhall8953
Why Brief a Case?
Cases are written by lawyers for lawyers. Consequently, there's a structure and
method unlike any other type of writing that you've read. Once you know the
structure and method, you'll be able to breeze through cases quickly. When the
writing is brilliant - for example, cases written by Holmes, Cardozo and Learned
Hand - the cases can be as enjoyable as a good piece of fiction. There's drama,
conflict, resolution, humor and pathos. Other times, the writing is very non-linear
and leaves out important elements, such as the facts of a case.
Briefing is the first step in learning how to outline. The brief should distill a case
down to its elements, which allows you to immediately understand the principal
legal issues at a glance. When you are under the pressure of the harsh glare of an
aggressive professor, you want to be able to take one look at the brief and know the
answer.
Case briefs are an important tool, but it's also important to keep briefs in perspective.
Many students labor intensively over case briefs by creating forms and making sure
that the wording is perfect. A brief is just a tool that helps you accomplish three
things - build comprehension, answer questions in class and complete an outline.
You'll never be graded on a brief. If you're spending time on stylistic niceties that
don't accomplish one of the three goals then you're not spending time wisely.
Three Reasons to Brief a Case
1. Rewriting the material leads to better comprehension.
2. Creates a cheat sheet for questions in class.
3. Serves as a starting point for outlining.
Briefing is a phase that you eventually grow out of. After the first semester, students
tend to brief a lot less. Their briefs may just end up being therule of law or they will
write notes in the margin of the casebook, which highlight the different elements.
While some complex cases in your second and third years demand briefing, you will
probably pick up the skills you need in your first year to analyze cases on the fly.
http://lawnerds.com/guide/outlining.html#WhyOutline?
http://lawnerds.com/guide/class.html#TheFirstDay
http://lawnerds.com/guide/outlining.html#WhyOutline?
http://lawnerds.com/guide/irac.html#Rule
How to Brief a Case
Briefs should be a one-page summary of the case. Structure the summary according
to the elements listed below. The structure adheres to the types of questions the
professor asks in class and to the information you'll need for outlining. Not every
case can be summed up in one page, but it's a good discipline to attempt to condense
the material.
THE ELEMENTS OF BRIEFING
Procedural History
Legal Issue
Facts of Case
Statement of Rule
Policy
Dicta
Reasoning
Holding
Concurrence
Dissents
You might consider creating a standard form using a word processor, then fill in the
blanks as you read the case. You may want to modify the form as you go along
through the semester. Professor.
Judicial OpinionsOverview After the simulation, justices writ.docxSusanaFurman449
Judicial Opinions
Overview: After the simulation, justices write judicial opinions in reaction to the oral argument, merits briefs, conference, and draft opinions as well as the facts of the case, Constitution, and case law. Justices circulate drafts so they know how their colleagues plan to rule and why, and so they can respond to one another in their final judicial opinion draft.
Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions).
Opinions should contain the following five elements, in the following order:
1. an introductory statement of the nature, procedural posture, and prior result of the case;
2. a statement of the issues to be decided;
3. a statement of the material facts;
4. a discussion of the governing legal principles and resolution of the issues; and
5. the disposition and necessary instructions.
Each of these is developed further below.
Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy.
Introduction
The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following:
1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.)
2. The procedural and jurisdictional status: relevant prior proceedings, and how the case got before the court should be outlined.
Statement of issues
The statement of issues is the cornerstone of the opinion; how the issues are formulated determines which facts are material and what legal principles govern. Judges should not be bound by the attorneys’.
The phrase, "Chaptering Your Cross" is designed to reinforce the notion that cross-examining a witness is not a free-flowing discussion that you can do off the cuff like a toast at a wedding. Instead, the lawyer must undergo a mind-shift and view cross-examination as a series of small discussions (chapters) on individual topics of importance to the lawyer. Cross-examination in the "Chapter Method" rarely flows. Instead, it moves from topic to topic, not necessarily in chronological order.
Cross-examination rarely covers everything a witness knows about the case. Chapters sometimes relate to each other. Sometimes the transition from one chapter to another is not smooth and seamless but abrupt. What can be said about this method is that there is a beginning and an end to each chapter. The beginning and end are mapped out well in advance of the cross. The chapters are designed to maximize the good evidence available. As a result, chapters end on a high note.
A trial is a book of information. Witnesses themselves are a reservoir of information. The individual topics within the cross make up the individual chapters of the book. Each chapter has a purpose or goal. The jurors should be able to understand the purpose of each chapter as the attorney groups related facts into one logical and coherent sequence, designed to paint one picture.
The chapter method is diametrically opposite to free-wheeling, impromptu, stream of consciousness cross-examination. It is hands-down the most effective teaching model in a system as adversarial as litigation. An attorney who doesn't use the chapter method of cross is squandering an opportunity to exploit "the greatest legal engine ever invented for the discovery of truth.” John H. Wigmore, quoted in Lilly v. Virginia, 527 U.S. 116 (1999). Sure, the attorney might be able to score points, but not in any particular order. As a result, the jurors will be left with the unenviable task of having to reassemble the facts in order to understand the points that the cross-examiner was attempting to make.
This slide contains some important points to be kept in mind while preparing memorial. I have prepared this as part of workshop on mooting organized at my University for first year students.
Anatomy of a Trial (Series: Newbie Litigator School 101 - Part 1)Financial Poise
This webinar’s focus is on the “nuts and bolts” of a civil trial. Panelists discuss witness preparation, the selection and presentation of exhibits, motions in limine, opening statements, direct and cross-examination, and closing arguments. They will also address issues that often arise during trials and how best to present a case to the finder of fact.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/anatomy-of-a-trial-2021/
IP-301 POST-GRANT REVIEW TRIALS 2022 - Things to Consider Before You FileFinancial Poise
This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
Part of the webinar series: IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
This segment will discuss the statutory and procedural background of post-grant review proceedings. It will discuss the types of proceedings available and provide a high-level discussion of how the proceedings are conducted.
Part of the webinar series:
IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
More Related Content
Similar to Structure and Organization (Series: Persuasive Brief Writing)
We’ve all long heard about writing practices to avoid, including run-on sentences, excessive passive voice, and nominalization. This webinar not only discusses how those habits can damage briefs, but also explores a key habit brief-writers should embrace: using strong, precise verbs, which are the engine of a persuasive sentence. Panelists also exchange views about finding the most persuasive voice and tone, as well as the right temperature for rhetoric.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/style-2021/
Slide 1 Research Assignment LAW00004 Company Law s.docxbudabrooks46239
Slide
1 Research Assignment
LAW00004 Company Law
session 2 2015
Slide
2
Research Assignment
Weighting: 50%
Due Date: 18th August 2015
Submission method: turnitin
Length: 2400 words
The headings, footnotes, bibliography
& coversheet do not form part of the word count.
Slide
3 Research Assignment
Go to blackboard –
Research Assignment Details
Slide
4 Marking Criteria
The assignment will be marked according to the
following criteria:
• Research (40%)
• Analysis (50%)
• Technical aspects (10%)
Go to the assessment details on blackboard.
Slide
5 Research Assignment
Assignment Structure
• Introduction
• body and
• conclusion.
Slide
6 Research Assignment
• The focus is on the terms ‘good faith’ and ‘proper
purpose’ as they are used together in the
Corporations Act 2001 (Cth).
• In particular — the use of ‘good faith’ and ‘proper
purpose’ as used in the composite term “good
faith for a proper purpose”.
• Give 3 examples to demonstrate the term as a
corporate governance mechanism
Slide
7 Research Assignment
Consider using subheadings to identify to the
reader (and importantly the marker) what you
are discussing. For example
• Introduction
• ‘Good faith for a proper purpose’.
• Three examples as corporate governance
mechanisms
• Conclusion
Slide
8 Research Assignment
• As the name ‘research Assignment’ suggests
your discussion and analysis should be
supported by a depth of research.
• Important: note the marking criteria.
• To avoid plagiarism you will need to cite the
source of the information.
• You are expected to cite the research, including
cases that discuss the term
Slide
9 **Read the Assignment Topic carefully.
• Note the specific requirements: in particular the
words ‘With reference to the above statement,
case law and the Corporations legislation’
• Do not forget about the assignment statement.
• Focus on Australian law (but English law could
also be relevant).
Slide
10
Research
• The main focus of you discussion should be on
explaining the term ‘good faith for a proper purpose"
• Your research should include cases and
commentary.
• Case law assists to demonstrate the legal
principles.
• The commentary should include text books and
journal articles.
• Avoid writing out large extracts from the legislation.
• Avoid writing out large extracts from the cases.
• Use cases & material to support your own
discussion
Slide
11 'Research Assignment’ –
Case Law
• Aim at discussing ‘case law’ under each of the
examples used.
• Case law will assist to demonstrate your
understanding and explanation of the terms
‘good faith” & “proper purpose“ and its role as a
corporate governance mechanism.
• The term ‘case law’ includes general law cases
and cases that interpret the relevant statutory
provisions.
Slide
12 'Research Assignment’ – case law
• You are not expected to .
Assessment task title Essay (Critical Evaluation of Legal) .docxgalerussel59292
Assessment task title: Essay (Critical Evaluation of Legal)
Details of Task:
"The directors of companies,... being managers of other people’s money than their
own, it cannot well be expected that they should watch over it with the same anxious
vigilance with which partners in a (...partnership...) frequently watch over their own. ...
Negligence and profusion, therefore must always prevail more or less, in the management
of the affairs of ...a company. ( Adam Smith, The Wealth of Nations (Random House, New
York :1937), 700)
Support, refute or refine the above assertion in the light of corporate governance theories.
Critically assess the success of the Codes of Corporate Governance Codes in addressing the
problems identified by Adam Smith.
Word limit: 1900- 2000 words
Criteria for marking: The marking rubric will be posted on Moodle
Learning objectives assessed: 2, 3 and 4
WRITING AN OPINION ON A LEGAL ISSUE
Introduction
The presentation of an opinion on a legal issue will be considered under two heads as follows:
(a) The pre-writing stage; and,
(b) The actual writing.
The pre-writing stage encompasses the collection of data, making notes and making preliminary decisions about the information amassed and avoiding pitfalls. Very often, the position adopted – for or against – an issue is emotional and is part of the pre-writing stage.The validity of your position has to be tested against the facts, opinions and other data you compile even before you begin drafting your outline.
Before the writing begins
Normally, you will be given a set of facts involving one or more issues which may involve the law . The facts give rise to a difference of opinion with some arguing in favour of an issue and others arguing against it.. You are usually asked to support a given point of view or to rebut it or to refine it. Several preliminary matters must be considered before you actually put pen to paper.
Legal issues are usually carefully crafted and are highly unlikely to contain any unnecessary facts. Thus every fact furnished is likely to be important. It is therefore necessary that you do not dismiss out of hand, any detail as “superfluous”. Even if you think that a fact is surplusage, consider it carefully to determine its impact on the issue; chances are that it does affect the legal position. Close consideration of such a fact will usually enable you to establish its relevance to the legal issue under scrutiny.
Normally, the fact situation given is complete and you are not expected to supply any missing facts. This does not, however, mean that you cannot draw attention to facts that appear to have been omitted from the issue. One situation in which this must be done is where, in your opinion, the missing facts will drastically affect alter the legal position you are arguing.. However, before you do this, you must ensure that you have scrutinized all the given facts to ensure that the fact perceived to be missi.
Research Outline Length 3 – 4 pages (excluding title pa.docxronak56
Research Outline
Length: 3 – 4 pages (excluding title page)
Due: Week 3 by Sunday Midnight
Value: 150 Points for 15% of the grade
Post: Week 3 Assignments
Prepare and submit by Sunday midnight an outline of your research which includes the following
components:
• A description of the research issue
• The research purpose and 2 research questions your research will answer
• An outline of the literature review, and conclusions and recommendations
• A preliminary reference list of 5 - 8 sources you may use in preparing your Literature Review (the
final Literature Review due in week 7 requires a minimum of 8 sources of which 7 must be peer-
reviewed journal articles and include 2 research studies).
Evaluation Criteria for the Research Outline
Report Elements Exemplary
Proficient
Developing
Emerging
Research Issue
20 - 19
Clearly and
concisely describes
the research issue
and purpose. The
importance and
value of the project
is evident.
18 - 17
Fairly clearly
describes the
research issue and
purpose. The
importance and
value of the project
is clear.
16 - 15
Somewhat clearly
describes the
research issue and
purpose. The
importance and value
of the project is
somewhat clear.
14 - 0
Unclear or confusing
description of
research issue and
purpose. The
importance and value
of the project is
unclear.
Research Purpose
and Questions
25 - 23
Clearly and
concisely describes
the research
purpose and
identifies 2 specific
research questions
which can lead to
specific conclusions
and
recommendations
that address the
research issue.
22 - 20
Fairly clearly
identifies research
describes the
research purpose
and identifies 2
specific research
questions which can
lead to conclusions
and
recommendations
that address the
research issue.
19 - 17
Somewhat clearly
describes the
research purpose
and dentifies 1 - 2
research questions
which may be too
general or not easily
researched. May
need to more clearly
define research
purpose and
question(s) to ensure
findings result in valid
conclusions
16 - 0
Research purpose is
not defined.
Research questions
may be overlapping,
not succinct, and/or
may not result in
conclusions or
recommendations
that address the
issue.
Literature Review
Outline
30 - 27
Clearly and
concisely identifies
key points to
respond to research
questions supported
by citations. Outline
indicates
comprehensive
research and
analysis effort.
26 - 23
Fairly clearly
identifies key points
to respond to
research questions
supported by
citations. Outline
indicates a fairly
comprehensive
research and
analysis effort
22 - 19
Somewhat clearly
identifies key points to
respond to research
questions supported
by citations. Outline
indicates some
research and analysis
has been done
18 or less
Limited if any
identification of key
points to respond to
research questions
supported by
c ...
NEWBIE LITIGATOR SCHOOL - Part I 2022: Working With Experts Financial Poise
Expert witnesses are an integral part of modern commercial litigation. They can be used for everything from calculating damages to explaining software workflows to establishing industry standards. This webinar begins with an exploration of the common types of cases that call for use of expert testimony. From there, we discuss the rules governing experts, including expert disclosures, discovery, and expert depositions. We also discuss the Daubert standard for excluding expert testimony, and discuss how a successful Daubert motion may be brought. This hour will help you figure out when and how to hire your own expert, and will give you some ideas on how to challenge your opponent’s expert when the time comes.
Part of the webinar series:
NEWBIE LITIGATOR SCHOOL - Part I 2022
See more at https://www.financialpoise.com/webinars/
Paralegal's Guide to the Methodology of Effective Legal ResearchMichael Kaiser, JD.
Presented by Michael Kaiser to a national audience on October 25, 2011, on behalf of the Institute for Paralegal Education.
Mr. Kaiser, founder of the Kaiser Legal Group, is a consultant and mediator. He also regularly speaks at the law school level and at Continuing Legal Education (CLE) seminars for attorneys. He earned his Bachelor of Arts degree in Political Science from the University of Washington and his Juris Doctor from Seattle University. You may contact him at 206-660-2858 or Michael.Kaiser@Kaiser-LegalGroup.org.
ABOUT PARAGRAPHSParagraphs contain THREE BASIC COMPONENTS.docxbartholomeocoombs
ABOUT PARAGRAPHS:
Paragraphs contain THREE BASIC COMPONENTS
1. TOPIC SENTENCE or CLAIM
2. CONCRETE DETAIL or DATA
3. COMMENTARY or WARRANT
TOPIC SENTENCE [TPS aka the "CLAIM"]
Usually, the first sentence in a BODY PARAGRAPH. It should introduce the topic of the paragraph and relate directly back to the THESIS. (or, in a longer essay, relate it directly back to the TPS of the preceding paragraph.) Imagine someone asking you, "How do you want me to think about your topic now?"
CONCRETE DETAIL [CD aka the "DATA"]:
This is the specific information you offer as the EVIDENCE for your topic; it will be the core of your paragraph. Imagine someone asking you, "Can you show me what you mean?" Other names for CONCRETE DETAIL: illustrations, examples, descriptions, quotations, paraphrasing, plot evidence.
During DRAFTING you may rely upon PHRASES like "FOR EXAMPLE" to introduce CONCRETE DETAIL--this is the kind of thing to eliminate during REVISION
In the literature essay, CD is often a DIRECT QUOTATION.
COMMENTARY [CM aka the "WARRANT"]:
This is your explanation for offering the concrete detail you select--that is, your comment on, discussion about, or evaluation of the evidence (CD) offered. Imagine someone asking you, "What exactly does your concrete detail prove?" You want to suggest how your CD is both relevant and unique. Other names for COMMENTARY include: insight, analysis, interpretation, evaluation, response, explication, reflection.
A hint for getting started on COMMENTARY: begin with the phrase : THIS SHOWS THAT . . . This is the kind of thing to eliminate during REVISION
Once you understand the different components of a paragraph, you can choose to MOVE BEYOND THE TEMPLATE. Some students depart from the FORMAT, some never do.
This whole discussion is based on Toulmin's Model . Here's a little bit more about it.
The model is a six-step system of argument:
(1) a CLAIM is made;
(2) DATA (also called "GROUNDS"), i.e., facts to support it, are offered;
(3) a WARRANT for connecting the data/grounds to the claim is conveyed
In addition, Toulmin adds
(4) BACKING, the theoretical or experimental foundations for the warrant, is shown (at least implicitly);
(5) appropriate MODAL QUALIFIERS (some, many, most, etc.) temper the claim; and
(6) possible REBUTTALS are considered.
But, for now, let us focus on the first three (and add a concluding sentence.
Claim
A claim is a statement that you are asking the other person to accept. This includes information you are asking them to accept as true (exposition) or actions you want them to accept and enact (persuasion).
Many people start with a claim, but then find that it is challenged. If you just ask me to do something, I will not simply agree with what you want. I will ask why I should agree with you. I will ask you to prove you claim. This is where grounds of data become important.
Data
Data is the basis of real persuasion and is made up of information and hard fact.
1 How to Brief a Case Prepared for the Legal S.docxhoney725342
1
How to Brief a Case
Prepared for the Legal Studies Program
American Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like a “book report,” but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
Under the doctrine, a prior court’s decision serves as “authority” for a subsequent court which
will address the same or similar issue. Therefore, understanding a court’s decision and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brief is a tool by means of which to “capture” or outline the most important
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
quotes from the court’s opinion. The brief should be written in your own words, based on your
understanding of the case. Of course, select quotes of the court’s words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
Often, your textbooks will contain synopses of or abbreviated versions of courts’
opinions. When you want to understand a court’s decision, it is essential that you read the entire
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and Citation: As a header on the first page of your brief, you should state
the name of the case, identify each party’s role in the cas ...
Why Brief a Case Cases are written by lawyers for lawyers.docxalanfhall8953
Why Brief a Case?
Cases are written by lawyers for lawyers. Consequently, there's a structure and
method unlike any other type of writing that you've read. Once you know the
structure and method, you'll be able to breeze through cases quickly. When the
writing is brilliant - for example, cases written by Holmes, Cardozo and Learned
Hand - the cases can be as enjoyable as a good piece of fiction. There's drama,
conflict, resolution, humor and pathos. Other times, the writing is very non-linear
and leaves out important elements, such as the facts of a case.
Briefing is the first step in learning how to outline. The brief should distill a case
down to its elements, which allows you to immediately understand the principal
legal issues at a glance. When you are under the pressure of the harsh glare of an
aggressive professor, you want to be able to take one look at the brief and know the
answer.
Case briefs are an important tool, but it's also important to keep briefs in perspective.
Many students labor intensively over case briefs by creating forms and making sure
that the wording is perfect. A brief is just a tool that helps you accomplish three
things - build comprehension, answer questions in class and complete an outline.
You'll never be graded on a brief. If you're spending time on stylistic niceties that
don't accomplish one of the three goals then you're not spending time wisely.
Three Reasons to Brief a Case
1. Rewriting the material leads to better comprehension.
2. Creates a cheat sheet for questions in class.
3. Serves as a starting point for outlining.
Briefing is a phase that you eventually grow out of. After the first semester, students
tend to brief a lot less. Their briefs may just end up being therule of law or they will
write notes in the margin of the casebook, which highlight the different elements.
While some complex cases in your second and third years demand briefing, you will
probably pick up the skills you need in your first year to analyze cases on the fly.
http://lawnerds.com/guide/outlining.html#WhyOutline?
http://lawnerds.com/guide/class.html#TheFirstDay
http://lawnerds.com/guide/outlining.html#WhyOutline?
http://lawnerds.com/guide/irac.html#Rule
How to Brief a Case
Briefs should be a one-page summary of the case. Structure the summary according
to the elements listed below. The structure adheres to the types of questions the
professor asks in class and to the information you'll need for outlining. Not every
case can be summed up in one page, but it's a good discipline to attempt to condense
the material.
THE ELEMENTS OF BRIEFING
Procedural History
Legal Issue
Facts of Case
Statement of Rule
Policy
Dicta
Reasoning
Holding
Concurrence
Dissents
You might consider creating a standard form using a word processor, then fill in the
blanks as you read the case. You may want to modify the form as you go along
through the semester. Professor.
Judicial OpinionsOverview After the simulation, justices writ.docxSusanaFurman449
Judicial Opinions
Overview: After the simulation, justices write judicial opinions in reaction to the oral argument, merits briefs, conference, and draft opinions as well as the facts of the case, Constitution, and case law. Justices circulate drafts so they know how their colleagues plan to rule and why, and so they can respond to one another in their final judicial opinion draft.
Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions).
Opinions should contain the following five elements, in the following order:
1. an introductory statement of the nature, procedural posture, and prior result of the case;
2. a statement of the issues to be decided;
3. a statement of the material facts;
4. a discussion of the governing legal principles and resolution of the issues; and
5. the disposition and necessary instructions.
Each of these is developed further below.
Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy.
Introduction
The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following:
1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.)
2. The procedural and jurisdictional status: relevant prior proceedings, and how the case got before the court should be outlined.
Statement of issues
The statement of issues is the cornerstone of the opinion; how the issues are formulated determines which facts are material and what legal principles govern. Judges should not be bound by the attorneys’.
The phrase, "Chaptering Your Cross" is designed to reinforce the notion that cross-examining a witness is not a free-flowing discussion that you can do off the cuff like a toast at a wedding. Instead, the lawyer must undergo a mind-shift and view cross-examination as a series of small discussions (chapters) on individual topics of importance to the lawyer. Cross-examination in the "Chapter Method" rarely flows. Instead, it moves from topic to topic, not necessarily in chronological order.
Cross-examination rarely covers everything a witness knows about the case. Chapters sometimes relate to each other. Sometimes the transition from one chapter to another is not smooth and seamless but abrupt. What can be said about this method is that there is a beginning and an end to each chapter. The beginning and end are mapped out well in advance of the cross. The chapters are designed to maximize the good evidence available. As a result, chapters end on a high note.
A trial is a book of information. Witnesses themselves are a reservoir of information. The individual topics within the cross make up the individual chapters of the book. Each chapter has a purpose or goal. The jurors should be able to understand the purpose of each chapter as the attorney groups related facts into one logical and coherent sequence, designed to paint one picture.
The chapter method is diametrically opposite to free-wheeling, impromptu, stream of consciousness cross-examination. It is hands-down the most effective teaching model in a system as adversarial as litigation. An attorney who doesn't use the chapter method of cross is squandering an opportunity to exploit "the greatest legal engine ever invented for the discovery of truth.” John H. Wigmore, quoted in Lilly v. Virginia, 527 U.S. 116 (1999). Sure, the attorney might be able to score points, but not in any particular order. As a result, the jurors will be left with the unenviable task of having to reassemble the facts in order to understand the points that the cross-examiner was attempting to make.
This slide contains some important points to be kept in mind while preparing memorial. I have prepared this as part of workshop on mooting organized at my University for first year students.
Anatomy of a Trial (Series: Newbie Litigator School 101 - Part 1)Financial Poise
This webinar’s focus is on the “nuts and bolts” of a civil trial. Panelists discuss witness preparation, the selection and presentation of exhibits, motions in limine, opening statements, direct and cross-examination, and closing arguments. They will also address issues that often arise during trials and how best to present a case to the finder of fact.
To view the accompanying webinar, go to: https://www.financialpoise.com/financial-poise-webinars/anatomy-of-a-trial-2021/
Similar to Structure and Organization (Series: Persuasive Brief Writing) (20)
IP-301 POST-GRANT REVIEW TRIALS 2022 - Things to Consider Before You FileFinancial Poise
This segment will delve into considerations that come into play when filing or responding to post-grant review proceedings. These considerations include issues of real party in interest, timing, and substantive arguments.
Part of the webinar series: IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
This segment will discuss the statutory and procedural background of post-grant review proceedings. It will discuss the types of proceedings available and provide a high-level discussion of how the proceedings are conducted.
Part of the webinar series:
IP-301 POST-GRANT REVIEW TRIALS 2022
See more at https://www.financialpoise.com/webinars/
THE NUTS & BOLTS OF BANKRUPTCY LAW 2022: The Nuts & Bolts of a First Day HearingFinancial Poise
Even when a bankruptcy petition is the result of a soft-landing rather than a freefall, filing a chapter 11 petition is a disruptive event. To facilitate the debtor’s entry into chapter 11 with as little disruption as possible, first day motions are filed to ensure that a debtor-in-possession can minimize interruptions and continue operating its business in order to achieve its goals in chapter 11. This webinar provides an overview of the administrative and operational first day motions typically filed by chapter 11 debtors and the process for requesting a first day hearing, providing notice of the hearing, and ensuring that the hearing runs smoothly.
Part of the webinar series: THE NUTS & BOLTS OF BANKRUPTCY LAW 2022
See more at https://www.financialpoise.com/webinars/
RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2022: Bad Debtor Owes Me Money!Financial Poise
Sometimes it begins when a client, tenant, or customer starts to slow-pay, with the result that your accounts receivable start to accrue gradually. Other times the issue presents itself more suddenly. Either way, you find your company owed a great deal of money that looks like it may not be collected because your client/tenant/customer has filed bankruptcy, has commenced an assignment for the benefit of creditors, has been put into receivership, or is otherwise just plain insolvent. What do you do? What should you not do? The topics discussed in this webinar include the pros and cons of putting a counterparty into involuntary bankruptcy; when and how you may be able to pursue third parties (like guarantors, directors, or officers) for the amount owed; risks related to preference attack; pros and cons of sitting on a “creditors’ committee” in a Chapter 11; how to negotiate for “critical vendor” protection in Chapter 11; and practical guidance for continuing to provide goods or services to an insolvent counterparty.
Part of the webinar series: RESTRUCTURING, INSOLVENCY & TROUBLED COMPANIES 2022
See more at https://www.financialpoise.com/webinars/
We’ve all long heard about writing practices to avoid, including run-on sentences, excessive passive voice, and nominalization. This webinar not only discusses how those habits can damage briefs, but also explores a key habit brief-writers should embrace: using strong, precise verbs, which are the engine of a persuasive sentence. Panelists also exchange views about finding the most persuasive voice and tone, as well as the right temperature for rhetoric.
Part of the webinar series: PERSUASIVE BRIEF WRITING 2022
See more at https://www.financialpoise.com/webinars/
CYBER SECURITY and DATA PRIVACY 2022: Data Breach Response - Before and After...Financial Poise
You’ve received the dreaded call that your company has just suffered a data breach – what do you do next? Who do you call for help? What notification obligations do you have?
With proper preparation, you can mitigate the damage caused by this unfortunate event and put your business in a position to recover. Your company may have already implemented its information security program and identified the responsible parties, including applicable outside experts, to be contacted in the event of a breach. However, now you must call up your incident response team to investigate the extent of the breach, evaluate the possible damage to your company, and determine whether you must notify your clients, customers, or the public of the breach. This webinar will help prepare you to take action when the worst happens.
Part of the webinar series:
CYBER SECURITY and DATA PRIVACY 2022
See more at https://www.financialpoise.com/webinars/
CYBER SECURITY and DATA PRIVACY 2022_How to Build and Implement your Company'...Financial Poise
Data is one of your business’s most valuable assets and requires protection like any other asset. How can you protect your data from unauthorized access or inadvertent disclosure?
An information security program is designed to protect the confidentiality, integrity, and availability of your company’s data and information technology assets. Federal, state, or international law may also require your business to have an information security program in place.
This webinar will provide the basics of how to create and implement an information security program, beginning with identifying your incident response team, putting applicable insurance policies into place, and closing any gaps in the security of your data.
Part of the webinar series:
CYBERSECURITY & DATA PRIVACY 2022
See more at https://www.financialpoise.com/webinars/
NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022 - Enforcement: Post-Judgment Procee...Financial Poise
Obtaining a final and enforceable judgment is often just the first phase of the civil litigation process; without effective enforcement and collection, a judgment is merely a piece of paper (or electronic docket entry). This webinar provides an overview of the technical, procedural and strategic considerations necessary to monetize judgments and make litigation worthwhile.
Part of the webinar series: NEWBIE LITIGATOR SCHOOL - 101 Part 3 2022
See more at https://www.financialpoise.com/webinars/
MARKETING TIPS FOR THE NEW (OR OLD!) BUSINESS OWNER 2022: Learn How to Do Con...Financial Poise
There's creating content; then there's creating great content; and then there's creating great content that actually gets seen by the ideal audience. Each of those layers has its own unique challenges. In this webinar episode, we share insights from a variety of highly experienced content creators. Each panelist member provides their own unique spin on how to create great content that gets seen by the intended audience. By the completion of this episode, the audience member will have a clear and actionable plan on how to create outstanding content that meets their unique marketing needs.
Part of the webinar series: MARKETING TIPS FOR THE NEW (OR OLD!) BUSINESS OWNER 2022
See more at https://www.financialpoise.com/webinars/
CHAPTER 11 - INDUSTRY FOCUS 2022 - Focus on Oil and Gas Financial Poise
Although issues in oil and gas chapter 11 cases vary from case to case, there are, nonetheless, certain issues that tend to arise in most oil and gas cases. Among them: treatment of oil and gas leases, the payment of royalties, hedging agreements, and valuation. This webinar addresses such issues.
Part of the webinar series: CHAPTER 11 - INDUSTRY FOCUS 2022
See more at https://www.financialpoise.com/webinars/
BUSINESS LAW REVIEW- 2022: Selling a Business Financial Poise
A Startup is the Founders’ baby - they dream it, created it and worked tirelessly to make it successful. Deciding it may be time to sell all or part is the easy part - acknowledging and addressing the financial and emotional issues can be challenging.
Negotiating with potential buyers or investors is time intensive, to say the least. Positioning a business for a value maximizing transaction requires planning. What professionals need to be engaged? How do the parties come to a valuation? What is the profile of the likely investor or buyer? These are just some of the questions this webinar addresses.
Part of the webinar series: BUSINESS LAW REVIEW- 2022
See more at https://www.financialpoise.com/webinars/
BUSINESS LAW REVIEW- 2022: Immigration Law for Business-101Financial Poise
A basic understanding of immigration law is critical to a vast array of businesses operating in today’s economy. Foreign employees and their sponsoring companies will navigate a complex maze in the attempt to achieve the desired goals of the employee maximizing their ability to provide services and value to the company. One of various determining factors as to which pathway to attempt is whether the goal is an immigrant visa (also known as a “green card”) which may ultimately allow lawful permanent residence in the United States or a non-immigrant visa. The need for foreign labor affects various industries and applies to large segments of skilled, unskilled and semi-skilled workers in jobs ranging from farm to seasonal to high-tech. This webinar explains what businesses need to know in the current environment as well as how political and globalization issues will affect immigration laws going forward.
Part of the webinar series:
BUSINESS LAW REVIEW- 2022
See more at https://www.financialpoise.com/webinars/
Executive compensation continues its movement towards performance pay as the standard. Compensation structures and proxy disclosures are more and more complex. Investors and proxy advisors continue to increase influence on compensation issues. This webinar examines executive compensation, including equity-based compensation plans and executive employment and severance agreements. The importance of disclosure, alignment of risk, and metrics is also examined. Practical guidance on pay-for-performance and supplemental pay definitions is provided. The panelists discuss the effect of the Dodd-Frank Act on executive compensation, including SEC regulations. Exchange rules are compared to applicable federal law. Best practices regarding executive compensation committees and regulatory requirements for those committees are examined. Shareholder advisory groups promulgate executive compensation related advisory policies for their institutional shareholder clients annually and these policies are also discussed. Issues regarding board composition and leadership structure issues are discussed in relation to executive compensation.
Part of the webinar series:
CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
See more at https://www.financialpoise.com/webinars/
CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2: Securities Law Comp...Financial Poise
The Securities and Exchange Commission has been entrusted with a significant corporate compliance regulatory function, which has been expanded by seminal legislation in the recent past such as the Sarbanes-Oxley (“SOX”) and Dodd-Frank Acts. This webinar discusses board fiduciary duties and the tension between state corporate law standards and federal law. Board composition, independence, structure and processes (including best practices in regard to committees) are analyzed. Specifically, director independence is discussed as is audit committees and related requirements, regulations and exemptions. NASDAQ and the NYSE also have similar requirements for director independence and those are also discussed. The webinar also covers disclosure matters related to SOX compliance, including timing and content of an issuer's periodic disclosures. Both the legal requirements and best practices related to disclosure procedures and internal controls under SOX are examined. Means of controlling the costs of SOX, especially for smaller public companies, are also discussed, including trends in the industry related to high regulatory compliance costs. Finally, the applicability and best practices for privately held companies and SOX are considered.
Part of the webinar series: CORPORATE REGULATORY COMPLIANCE BOOT CAMP 2022 - PART 2
See more at https://www.financialpoise.com/webinars/
The deal is complete, and the parties have finished the hard work. Or have they? Integration planning turns to execution as people, process, and technology are combined once the deal is legally closed. The buyer will need to consider the purchased business or assets from the standpoint of employees, IT, customers, suppliers, and a multitude of other areas. In addition, numerous post-closing legal issues may arise, including purchase price adjustments, breaches of representations and warranties, enforcement of key negative employment-related covenants and restrictive covenants, collection of pre-closing accounts receivable, and true-ups of final financials. This episode guides listeners through the process, timing, and issues which most commonly arise after the closing of deals.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Although every deal is different, understanding any purchase/sale agreement will help you understand other purchase sale agreements. Stated another way, most M&A documents include a similar set of sections and use a similar vocabulary. This episode explains specific, common provisions and discusses how buyers and sellers approach these provisions differently, particularly in light of situational differences (e.g. whether the assets being bought and sold are equity of a company or the assets of a company; whether the seller is going to cease to exists or not). Topics covered will include tax issues; corporate governance; closing conditions; representations and warranties; indemnification provisions; earn-outs; restrictive covenants; antitrust; intellectual property; and employment issues.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
Buying, selling, or merging a company typically follows a similar set of steps from deal to deal. The amount of time each step takes varies but the order of the steps is fairly uniform because the steps follow a certain logic: before the parties share meaningful information, they should sign a confidentiality agreement (a/k/a “non-disclosure agreement,” or “NDA”); once a baseline amount of information is known by the would-be buyer, it commonly presents a letter of intent or term sheet to the target or its owner, which serves as an outline for a deal but does not necessarily bind the parties to consummate the transaction; additional due diligence and the negotiation, drafting and signing of definitive documents comes next. The parties then obtain any needed regulatory and/or contractual third party approvals; followed by closing; and finally by post-closing tasks. This webinar will discuss all these steps from a macro perspective so that you can see the forest for the trees, but does not do a deep dive into any single topic. Think of this webinar as a road map or timeline for a typical deal.
Part of the webinar series:
M&A BOOT CAMP - 2022
See more at https://www.financialpoise.com/webinars/
CROWDFUNDING 2022 - Crowdfunding from the Investor's PerspectiveFinancial Poise
This webinar focuses on the opportunities that crowdfunding makes available to the investor, and how the investor should go about navigating this new world. We begin with a basic overview of the new regulatory regime, the requirements to invest, and the on-boarding process one should expect. We then dive deeper into the market opportunity, including how to access and select investments, and expectations investors should set for themselves and the projects they select. This is not intended to support any specific deal selection, but instead sheds a light upon the basic selection criteria available, the method to go about investing and what to avoid.
Part of the webinar series: Crowdfunding 2022
See more at https://www.financialpoise.com/webinars/
CROWDFUNDING 2022 - Securities Crowdfunding for IntermediariesFinancial Poise
This webinar addresses crowdfunding portals and intermediaries. This episode begins with a basic overview of the various methods of crowdfunding, from donation and rewards based, to intra-state equity, debt, and finally securities based crowdfunding under Titles II, III and IV of the JOBS Act. Once those differences are understood, the webinar focuses on the need for intermediaries, the role that they can and sometimes must play, followed by a discussion on how the market has matured and where we see the market going in the online capital space. This webinar also discusses the risks and future of these intermediaries with the advent of the ICO and token distribution events.
Part of the webinar series: Crowdfunding 2022
See more at https://www.financialpoise.com/webinars/
CROWDFUNDING 2022 - Crowdfunding from the Start-Up's Perspective Financial Poise
How can businesses use the tools created by the JOBS Act to access capital? This webinar compares raising money online to traditional methods of capital raising. It also compares each of the different titles available under the JOBS Act. Finally, we discuss and compare the differences between security based crowdfunding and rewards based crowdfunding, exploring those instances where such a method would make sense.
Part of the webinar series: Crowdfunding 2022
See more at https://www.financialpoise.com/webinars/
Francesca Gottschalk - How can education support child empowerment.pptxEduSkills OECD
Francesca Gottschalk from the OECD’s Centre for Educational Research and Innovation presents at the Ask an Expert Webinar: How can education support child empowerment?
Biological screening of herbal drugs: Introduction and Need for
Phyto-Pharmacological Screening, New Strategies for evaluating
Natural Products, In vitro evaluation techniques for Antioxidants, Antimicrobial and Anticancer drugs. In vivo evaluation techniques
for Anti-inflammatory, Antiulcer, Anticancer, Wound healing, Antidiabetic, Hepatoprotective, Cardio protective, Diuretics and
Antifertility, Toxicity studies as per OECD guidelines
June 3, 2024 Anti-Semitism Letter Sent to MIT President Kornbluth and MIT Cor...Levi Shapiro
Letter from the Congress of the United States regarding Anti-Semitism sent June 3rd to MIT President Sally Kornbluth, MIT Corp Chair, Mark Gorenberg
Dear Dr. Kornbluth and Mr. Gorenberg,
The US House of Representatives is deeply concerned by ongoing and pervasive acts of antisemitic
harassment and intimidation at the Massachusetts Institute of Technology (MIT). Failing to act decisively to ensure a safe learning environment for all students would be a grave dereliction of your responsibilities as President of MIT and Chair of the MIT Corporation.
This Congress will not stand idly by and allow an environment hostile to Jewish students to persist. The House believes that your institution is in violation of Title VI of the Civil Rights Act, and the inability or
unwillingness to rectify this violation through action requires accountability.
Postsecondary education is a unique opportunity for students to learn and have their ideas and beliefs challenged. However, universities receiving hundreds of millions of federal funds annually have denied
students that opportunity and have been hijacked to become venues for the promotion of terrorism, antisemitic harassment and intimidation, unlawful encampments, and in some cases, assaults and riots.
The House of Representatives will not countenance the use of federal funds to indoctrinate students into hateful, antisemitic, anti-American supporters of terrorism. Investigations into campus antisemitism by the Committee on Education and the Workforce and the Committee on Ways and Means have been expanded into a Congress-wide probe across all relevant jurisdictions to address this national crisis. The undersigned Committees will conduct oversight into the use of federal funds at MIT and its learning environment under authorities granted to each Committee.
• The Committee on Education and the Workforce has been investigating your institution since December 7, 2023. The Committee has broad jurisdiction over postsecondary education, including its compliance with Title VI of the Civil Rights Act, campus safety concerns over disruptions to the learning environment, and the awarding of federal student aid under the Higher Education Act.
• The Committee on Oversight and Accountability is investigating the sources of funding and other support flowing to groups espousing pro-Hamas propaganda and engaged in antisemitic harassment and intimidation of students. The Committee on Oversight and Accountability is the principal oversight committee of the US House of Representatives and has broad authority to investigate “any matter” at “any time” under House Rule X.
• The Committee on Ways and Means has been investigating several universities since November 15, 2023, when the Committee held a hearing entitled From Ivory Towers to Dark Corners: Investigating the Nexus Between Antisemitism, Tax-Exempt Universities, and Terror Financing. The Committee followed the hearing with letters to those institutions on January 10, 202
Introduction to AI for Nonprofits with Tapp NetworkTechSoup
Dive into the world of AI! Experts Jon Hill and Tareq Monaur will guide you through AI's role in enhancing nonprofit websites and basic marketing strategies, making it easy to understand and apply.
Operation “Blue Star” is the only event in the history of Independent India where the state went into war with its own people. Even after about 40 years it is not clear if it was culmination of states anger over people of the region, a political game of power or start of dictatorial chapter in the democratic setup.
The people of Punjab felt alienated from main stream due to denial of their just demands during a long democratic struggle since independence. As it happen all over the word, it led to militant struggle with great loss of lives of military, police and civilian personnel. Killing of Indira Gandhi and massacre of innocent Sikhs in Delhi and other India cities was also associated with this movement.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
2024.06.01 Introducing a competency framework for languag learning materials ...Sandy Millin
http://sandymillin.wordpress.com/iateflwebinar2024
Published classroom materials form the basis of syllabuses, drive teacher professional development, and have a potentially huge influence on learners, teachers and education systems. All teachers also create their own materials, whether a few sentences on a blackboard, a highly-structured fully-realised online course, or anything in between. Despite this, the knowledge and skills needed to create effective language learning materials are rarely part of teacher training, and are mostly learnt by trial and error.
Knowledge and skills frameworks, generally called competency frameworks, for ELT teachers, trainers and managers have existed for a few years now. However, until I created one for my MA dissertation, there wasn’t one drawing together what we need to know and do to be able to effectively produce language learning materials.
This webinar will introduce you to my framework, highlighting the key competencies I identified from my research. It will also show how anybody involved in language teaching (any language, not just English!), teacher training, managing schools or developing language learning materials can benefit from using the framework.
A Strategic Approach: GenAI in EducationPeter Windle
Artificial Intelligence (AI) technologies such as Generative AI, Image Generators and Large Language Models have had a dramatic impact on teaching, learning and assessment over the past 18 months. The most immediate threat AI posed was to Academic Integrity with Higher Education Institutes (HEIs) focusing their efforts on combating the use of GenAI in assessment. Guidelines were developed for staff and students, policies put in place too. Innovative educators have forged paths in the use of Generative AI for teaching, learning and assessments leading to pockets of transformation springing up across HEIs, often with little or no top-down guidance, support or direction.
This Gasta posits a strategic approach to integrating AI into HEIs to prepare staff, students and the curriculum for an evolving world and workplace. We will highlight the advantages of working with these technologies beyond the realm of teaching, learning and assessment by considering prompt engineering skills, industry impact, curriculum changes, and the need for staff upskilling. In contrast, not engaging strategically with Generative AI poses risks, including falling behind peers, missed opportunities and failing to ensure our graduates remain employable. The rapid evolution of AI technologies necessitates a proactive and strategic approach if we are to remain relevant.
Acetabularia Information For Class 9 .docxvaibhavrinwa19
Acetabularia acetabulum is a single-celled green alga that in its vegetative state is morphologically differentiated into a basal rhizoid and an axially elongated stalk, which bears whorls of branching hairs. The single diploid nucleus resides in the rhizoid.
2. 2
Practical and entertaining education for
attorneys, accountants, business owners and
executives, and investors.
3. Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial or other professional advice. You should consult with an attorney or other
appropriate professional to determine what may be best for your individual needs. While
Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate,
Financial Poise™ makes no guaranty in this regard.
3
4. Meet the Faculty
MODERATOR:
Robert Michaels - Environmental Law & Policy Center
PANELISTS:
Stephen Brodsky - Kaufman Dolowich Voluck LLP
Gerald Meyer - MoloLamken LLP
Susan Valentine - Valentine Austriaco & Bueschel, P.C.
4
5. About This Webinar
Unclear and unpersuasive legal writing often comes from undeveloped analysis and
undisciplined organization. This webinar explores best practices for structuring and organizing
briefs, including how to most effectively frame arguments, use authority and find a winning
theme. It also takes a fresh look at an old law school war horse -- : I(ssue) R(ule) (A)nalysis
C(onclusion) – one of the few rules in life from which there’s virtually never cause to deviate.
5
6. About This Series
Especially in federal district court, pre-trial litigation occurs almost entirely “on the papers,” with few, if
any, oral arguments or courtroom presentations. If litigators want a claim to survive or be dismissed,
discovery to be permitted or denied, or evidence to be admitted or barred, they must persuade the court
in writing. But mastering the craft of persuasive legal writing can take decades and require shedding
ingrained old habits and defying some common expectations. Join a panel including seasoned litigators,
two former legal writing instructors, and a sitting judge discuss the structure, substance and style of
effective brief-writing. This series will help new and more experienced litigators sharpen a set of crucial
skills that can, and should, continue developing throughout their careers.
Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and
executives without much background in these areas, yet is of primary value to attorneys, accountants, and other
seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to
entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that
participants will enhance their knowledge of this area whether they attend one, some, or all episodes.
6
7. Episodes in this Series
#1: Structure and Organization
Premiere date: 1/28/21
#2: Style
Premiere date: 2/25/21
7
9. Before Writing Anything
• Determine exactly what you want to achieve
If you’re the movant, what do you want the court to do?
If you’re opposing, how, exactly, do you want to the court to dispose of the matter?
Consider objective in light of whole case; what will happen if you lose?
9
10. Before Writing Anything
• Complete all necessary research and become fluent in relevant law; this will guide
structure
(Almost) always: take path of least resistance
Invoke the least-demanding standard
Assume the lightest/easiest burden
Give the court the simplest, easiest route to give you what you need
10
11. Overview of Brief Structure
• Introduction or Preliminary Statement
• Factual/Procedural Background
• Argument
• Conclusion
• NOTE: for appellate briefs, court rules will prescribe required sections that roughly track
the above
11
12. Introduction
• At least one paragraph; up to 2-5 pages in longer briefs
• Provide sufficient factual and procedural context for the court to find its bearings; court
has tons of cases and likely remembers nothing about yours
• Clearly state desired outcome
• For reply briefs, no need to entirely re-frame; can jump right into the core fight
12
13. Introduction
• If possible, establish primary theme, including, potentially, that your desired outcome:
is clearly required by precedent/rule,
serves judicial economy, or
is otherwise fair and reasonable (see Theme slides infra)
13
14. Introduction
• Create some expectation of what’s to come;
• Can range from one “as explained in detail below” sentence to a bullet-point roadmap
• No need to overdo it or present entire argument; in longer briefs, table of contents serves
this role and in appellate briefs, the summary of argument will provide an intermediate level of
detail
14
15. Themes: Your Opponent’s Argument
• Confusing/unduly complicated
• Poorly supported
• Unfair
• Unpredictable
• Inconsistent with standard, other cases, and related law
• Promotes bad policy/creates bad incentives
• Inconsistent with record
15
16. Background
• Follow chronological approach; use non-argumentative headings to separate events
• Cite carefully to ECF documents or evidence you’re attaching; accuracy is paramount
• Avoid unnecessary detail but be sure story is complete for reader new to the matter
• Freely quote key passages but don’t go overboard
16
17. Background
• Slanted, but not silly; again, accuracy, and credibility, are essential
• On motions to dismiss or for judgment on the pleadings, factual background typically
limited to summary of allegations and responses
Documents referenced in pleadings can occasionally be attached and used in motion,
but it risks converting motion into one for summary judgment
Check local rules and cases to stay on right side of line
17
18. Background
• Procedural history/posture typically woven into chronological recitation of entire story
• As with factual background, use non-argumentative headings to separate key events
E.g., “The Second Amended Complaint” (followed by explanation of allegations) or “The
District Court’s Summary Judgment Opinion” (followed by summary of opinion)
18
19. Argument: Structure
• Logical, and, if possible, symmetrical (i.e., no “A” w/out at least a “B”, etc.), outline-based
structure
• For longer briefs, table of contents should provide complete summary of argument
• For dispositive motions, typically organize by count or claim (I, II, etc.), element of claim
(A, B, etc.), and arguments re: element (1, 2, etc. and smaller)
19
20. Argument: Structure
• In responses and replies, don’t be a slave to opponent’s structure, but don’t ignore it
either
Opponent typically leads with point they consider strongest; if you delay addressing
it, you may appear afraid
Once you’re in the guts of any argument, you have more room to deviate from
opponent’s structure
If you need to delay reaching opponent’s lead argument(s), you can preview or give
notice in introduction to brief or introduction to section
20
21. Argument: Structure
• For each major point, use IRA(C): Issue, Rule, Analysis and, if necessary, Conclusion
• Just about NO reason to deviate from this approach; it captures how reader understands
and applies legal rules and ensures reader will know why information is being presented
• Following IRA(C) can be harder than it seems, especially when opponent’s argument
requires extensive set-up/explanation; even then, however, it almost always helps to have
rule stated up front
21
22. IRAC: ISSUE
• Ideally, the “issue” will be stated in your argument heading, e.g., “Corpco Is Vicariously
Liable for Its Agent’s Misconduct.”
• Keep headings to one-two lines if possible
• Consider a sentence or two right under heading to fully set up the fight, especially if the
argument has sub-parts e.g., “Corpco says it can’t be vicariously liable on Counts I-III. In fact,
as explained below: (a) Corpco is vicariously liable under Illinois law; (b) RICO imposes no
additional barriers to vicarious liability.”
22
23. IRAC: RULE
• Typically state right below heading or right after sentence(s) that set up the fight
• Quote authority often; use as few of your own words as possible; mold case/statute
language into your articulation of rule [using brackets] if needed
• Include at least one sentence as to why rule makes sense, again with quote from
authority
23
24. IRAC: RULE
• No clear rule to apply? Carefully synthesize one, based on authority
• Many arguments boil down to situating your facts on a continuum (in cases more like X,
you’d win, in cases more like Y, you’d lose); articulate rule so it helps put your case on the
right side of line
24
25. IRAC: ANALYSIS
• Accurately summarize opponent’s argument; understand what they mean, or ought to
mean, not just what they say
You can’t understand how silly your opponents’ arguments are unless and until you
take them seriously
• Don’t be afraid to quote opponent’s language; ideally, find phrase(s) you can turn back
against them
• Rebut ALL of opponent’s arguments and distinguish ALL of their authority
25
26. IRAC: ANALYSIS
• Concede NOTHING unless it’s absolutely essential; you never know what’s going to
happen next
• Structure fallback arguments accordingly, e.g., “In any event, even if the Caremark
standard applied (which it doesn’t), Plaintiffs state a claim.”
• Explain why your victory serves purpose of rule or otherwise makes sense in terms of
judicial economy, fairness, predictability, etc.
• Be careful with absolutes, e.g., “no court has held,” “defendants never indicated,” etc.
• Use footnotes wisely to separate primary from ancillary points but be aware of local and
court rules to avoid waiver
26
27. IRAC: ANALYSIS
• Closely apply authority, w/frequent factual comparison to your case (but w/out needless
details from cited cases)
• Avoid citing any authority without either a short discussion of holding or parenthetical
• Use crisp case parentheticals that get to the heart of the fight; typically start with a
present-tense verb, e.g., “sustaining RICO conspiracy claim against employer based on
employee misconduct”
• Unless necessary, don’t rely on cases w/bad outcomes;
27
28. IRAC: ANALYSIS
• Carefully consider whether to preemptively rebut anticipated counter-arguments
• Especially if you’re the movant or appellant and will have a chance to reply, it’s often
better to wait and let opponent raise counter-argument, especially if they the burden of proof
• If you hold your fire, frame your affirmative argument to preserve full opportunity to reply
28
29. CONCLUSION
• Typically, keep it short; no need to rehash entire argument – “For the reasons above,
Plaintiffs respectfully ask the Court to deny Defendants’ motions to dismiss.”
• Clearly reiterate exactly what you want the court to do; be very precise
• Attach proposed order if local rules require it or it would otherwise be helpful
29
31. About The Faculty
Robert Michaels - rmichaels@elpc.org
Rob Michaels is a Senior Attorney working to protect clean water, wildlife, biodiversity and
forests in the Midwest. Mr. Michaels is an experienced plaintiffs-side litigation attorney with 30
years of federal court complex litigation experience as a Partner at the Robertson, Curley &
Clayton law firm and the Goldstein & McClintock law firm. He previously was a Staff Attorney
and Project Director at the Environmental Law & Policy Center; University of Chicago Law
School Bigelow Fellow; and Associate at the Mayer Brown & Platt law firm following a federal
court clerkship with Judge Robert Hall (N.D. Ga.).
31
32. About The Faculty
Stephen Brodsky - sbrodsky@kdvlaw.com
Stephen L. Brodsky is a Partner of Kaufman Dolowich & Voluck, LLP and practices out of the
firm’s New York City and Long Island offices. Stephen has practiced complex commercial
litigation for more than twenty years. He has a broad practice, and his clients span industries.
Over his career, he has litigated significant, high-dollar matters in federal and state courts
across the United States. He has argued at the trial and appellate levels and served as trial
counsel in both bench and jury trials. Stephen also represents his clients in arbitrations,
mediation and administrative proceedings. Finally, he resolves his clients’ disputes by direct
negotiations and without formal litigation. Stephen is known for his creative problem solving
and thoughtful advocacy. He is rated AV Preeminent by his clients, peers and opposing
counsel, the highest professional rating.
To read more, go to https://www.financialpoise.com/webinar-faculty/stephen-l-brodsky/
32
33. About The Faculty
Gerald Meyer - gmeyer@mololamken.com
Gerald Meyer’s practice focuses on complex business litigation, white collar criminal matters and
investigations, and appellate litigation. He has represented businesses, senior corporate officials, and
individuals in a broad array of subject matters, including securities litigation, class actions, antitrust law,
and constitutional law. He has tried cases to verdict and drafted and argued dispositive, discovery, and
evidentiary motions in trial courts across the country. He has argued appeals before the Seventh Circuit,
and has briefed appeals in the Supreme Court of the United States and numerous courts of appeals.
Before joining MoloLamken, Mr. Meyer was an associate with Skadden, Arps, Slate, Meagher & Flom
LLP in Chicago. He has represented companies and individuals in a wide range of tax planning matters,
including mergers and acquisitions, restructurings, securities offerings, and issues involving tax-exempt
organizations. Mr. Meyer also served as a law clerk to Judge Robert R. Beezer of the United States Court
of Appeals for the Ninth Circuit and to Judge G. Steven Agee of the United States Court of Appeals for
the Fourth Circuit.
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34. About The Faculty
Susan Valentine - svalentine@vablawfirm.com
Susan Valentine is a founding partner of Valentine Austriaco & Bueschel, P.C. For more
than 30years, Susan has handled disputes, and when necessary, actively litigated a wide
range of matters. From 1997- 2000, she served on the full-time faculty of IIT Chicago-Kent
College of Law, teaching Professional Responsibility and Legal Research and Writing and
serving as the Faculty Adviser to the Moot Court Honor Society. Susan advises clients on a
variety of sensitive business issues, and her clients appreciate her practical, timely, and cost-
effective approach to their issues. She has extensive experience litigating disputes that
involve insured depository institutions and in representing business entities in commercial
matters, ranging from breach-of-contract issues to internal investigations that involve fraud
and other misconduct. She has also represented receivers, liquidators, and trustees in the
investigation and litigation of matters involving professional liability, contracts, fidelity bonds,
insurance, and reinsurance.
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35. Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
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at info@financialpoise.com with any questions or comments you may have. Please include
the name of the webinar in your email and we will do our best to provide a timely response.
IMPORTANT NOTE: The material in this presentation is for general educational purposes
only. It has been prepared primarily for attorneys and accountants for use in the pursuit of
their continuing legal education and continuing professional education.
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36. About Financial Poise
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