The Top Ten Hints for Better Appellate Briefs

By Professor Heather Melniker HINT # 10: Refer to the parties in a useful way. Avoid appellant and appellee theyre confusing. HINT # 9: The words clear and clearly indicate one thing its not so clear! HINT # 8: Put the facts and holding of a case in the past tense, and put rules in the present tense. HINT # 7: nly !uote when necessary " avoid over"!uoting. #And you can !uote $e on that.% HINT # 6: &o not ignore the opposing argu$ent. 'ou $ust deal with it, along with the (ey opposing cases. )ury opposing argu$ent and opposing cases in the $iddle of a paragraph. HINT # 5: &ont highlight the opposing argu$ent *y $a(ing it *efore re*utting it. Try to address it affir$atively. HINT # 4: +se dependent,independent clauses to $ini$i-e a har$ful case or opposing argu$ent. HINT # 3: +se helpful cases $ore effectively stress facts, holding, and reasoning. .ini$i-e har$ful cases *y devoting less space and attention to the$. /ever devote e!ual attention to opposing argu$ent always e$phasi-e your strengths. 0

HINT # 2: )egin the argu$ent under each Point with a strong persuasive state$ent. 1t should not *e an o*2ective state$ent. AND THE #1 HINT FOR APPELLATE BRIEF WRITING IS: +se a persuasive topic sentence for every single paragraph. Topic sentences should never *e neutral. 1f you cut and pasted together all the topic sentences fro$ your entire argu$ent, they should for$ a strong, coherent outline of your argu$ent. BONUS HINTS #2ust when you thought 1 was through% #1 .a(e sure you dont confuse its with its. 3hen you use a word, its a good idea to (now its correct spelling! 1ts 4 1t is 1ts 4 the possessive #2 PR 5R6A&!!!! 1t is unaccepta*le to hand in wor( with typographical errors. 7pell 8hec( wont catch everything. &o you no what 1 $ean9 #3 Always leave yourself enough ti$e for several drafts. 'our *rief will i$prove with each edit so *e willing to put in the ti$e. 1t really does pay off. #4 .a(e sure you fully understand the issue, the law, the cases, and your argu$ents. Then wor( on $a(ing it persuasive. CHALLENGE OURSELF TO !A"E IT GREAT # HA$E FUN%