Briefing and Arguing Federal Appeals
- Briefs filed in earlier cases involving the same or related questions.
- Use of quotations.
- Citations; manner of citation; reports.
- Citations; manner of citation; in general.
- After the reply brief.
- Importance of appellate advocacy.
- Write the Statement of Facts first.
- The ultimate tribute.
- When there is no case in point.
- How to go about writing the Statement of Facts.
- The handling of questions from the bench.
- Rehearsal; informal methods.
- Importance to the court of the first impression made by the advocate.
- Think before you write the argument.
- Planning the argument.
- Briefs amicus curiae;
- Explanation of the mystery.
- Final revision of
- Petitions for rehearing; basic reasons for denial.
- Court's practice after argument: In general.
- Appreciating the limitations of the medium.
- Professional specialization in England and in the United States.
- Careful attention to all portions of the brief.
- Use of maps and charts.
- Courtroom attire.
- List of the essentials of effective oral argument.
- Unappealing formulation of the questions presented in order to defeat review.
- Signatures.
- The saving grace.
- Other matters that cannot be conveyed by ear.
- The next step in brief-writing.
- Rehearings in the Supreme Court of the United States.
- The successful petition for rehearing in Reid v. Covert.
- Court's practice before argument: Specialized Federal Courts.
- The actual process of preparation.
- Sequel to the rehearing in the Herzog case
- Petitions for rehearing; additional reasons for denial.
- Introductory.
- Examples of successful petitions for rehearing.
- In general.
- Example of a successful petition for rehearing in a Court of Appeals.
- Use of a striking phrase.
- Quotations in open court.
- Finally, check!
- Coincidence between first impression and final vote.
- Court's practice after argument: Supreme Court of the United States.
- Complete knowledge of the record.
- Petitions for rehearing; in general.
- Examples of helpful and unhelpful formulations of the questions presented.
- List of the essentials of effective brief-writing.
- Respondent's problems in the foregoing argument.
- Notes for the argument.
- Effective statement of the facts; how to use the atmospheric trimmings.
- Scope of this revision.
- Flexibility.
- "Things you cannot afford to do."
- Use of noncase materials.
- Appellate specialization in United States Attorneys' offices.
- Appellate argument requires specialization in technique.
- Appreciation of the purpose of advocacy.
- Rehearsal; formal methods.
- Not reading the argument.
- Essentials of a successful petition for rehearing.
- Use of dissenting and concurring opinions.
- Attitude of respectful intellectual equality.
- ACKNOWLEDGMENTS
- Application of the fundamentals of good public speaking.
- Use of models.
- Should new appellate counsel be selected on the strength of his percentage of victories?
- The final accolade.
- The successful petition for rehearing in Herzog
- Clear statement of facts.
- Legal arguments that had better be avoided.
- Citations; manner of citation; miscellaneous.
- Compliance with rules of court.
- Can anyone argue an appeal?
- Court's practice after argument: Specialized Federal Courts.
- Court's practice before argument: Supreme Court of the United States.
- In general.
- Evaluation of decided cases.
- The basic precepts.
- Introductory.
- Mastery of the case through tabbing of record and briefs.
- The ornamental citation.
- Sarcasm and bitterness.
- Going outside the record.
- The dangers of crusading.
- Example of a successful petition for rehearing in the Supreme Court of the United States.
- Write the Summary of Argument last of all.
- Practical details in connection with petitions for rehearing in Courts of Appeals.
- Effect of denial of rehearing.
- Sound analysis of the legal problem in argument on the law.
- SUBJECT INDEX
- Appellate specialization in the United States Department of Justice.
- Rehearsal; compressing the case into workable compass.
- Scope of the book.
- Statement of Facts from the brief in
- The oral argument in Greenberg
- Write consecutively.
- Inner conviction.
- Background out of which case arose.
- Legislative history.
- Concessions in oral argument.
- INDEX OF CASES
- Should you argue at all?
- Matters that must be avoided in a Statement of Facts.
- Handling authorities apparently against you.
- Appellate specialization in a large public law office.
- Leaving an impression of conviction with the reader and satisfying his curiosity.
- Advantages of new counsel on appeal.
- Rehearings in the Supreme Court of the United States; mechanics and doubtful areas.
- Preparation of the rebuttal.
- Mastery of the case through reading and rereading of pertinent materials.
- Good, clear, forceful English.
- Citations; manner of citation; titles of cases.
- Court's practice after argument: United States Courts of Appeals.
- New appellate counsel in the Supreme Court of the United States.
- Footnotes.
- Why bother with advocacy at all?
- Courtroom manners and mannerisms.
- Effective statement of the facts; how to formulate and write it.
- Citations; manner of citation; constitutions, statutes, and treaties.
- Rehearings granted in Courts of Appeals.
- Avoid personalities.
- Indicating emphasis.
- Appellate counsel specializes in being a generalist.
- Effective statement of the facts; why necessary.
- Peripheral preparation and last minute revisions.
- Administrative materials.
- In general.
- More about the number of citations.
- Introductory.
- Sequel to the rehearing in the Covert and Krue-ger cases.
- Purpose of this chapter.
- Never let the other side write your brief.
- Briefs amicus curiae;
- Statement of Facts from the respondent's brief on the merits in Von Moltke
- Don't cite too many individual cases in open court.
- Should the client be present during the argument of the appeal?
- Use of law review materials.
- Steps after completing the index of testimony.
- FOREWORD
- The task of presentation; a concrete example.
- What happens when a case is not presented in advocate's fashion?
- Significance and importance of accuracy.
- Encyclopedias; collections of annotated cases.
- Petitioner's problems in the foregoing argument.
- Statutory analysis.
- Examples of effective and ineffective Statements of Facts.
- Convincing presentation of the evidence in argument on the facts.
- Thorough preparation.
- Appellate specialization in private law offices.
- Argumentative headings.
- Rebuttal.
- Use of analogies.
- Appealing formulation of the questions presented.
- Comments on the two briefs included herein
- Research; some general considerations.
- The advocate's duty.
- Citations; number of citations.
- The case in point.
- Quotations; accuracy of quotations.
- Keying the oral argument to the brief; selection and arrangement of points for oral argument.
- Court's practice before argument: United States Courts of Appeals.
- An effective opening.
- Should an argument be divided between two lawyers?
- Use of essentially historical materials.
- An appropriate peroration.
- Use of the Statement of Facts to advance one's case; illustrative examples.
- Sequel to Greenberg
- Record references.
- Citations; accuracy of citations.
- Don't attempt to dissect individual cases in open court.
- Avoid excessive detail as to dates, facts, and figures.
- Rehearings in banc in Courts of Appeals.
- The task of presentation.
- Considerations underlying retainer of new appellate counsel.
- Should appellate advocacy be taught?
- All alone.
- Reply briefs.
- Analysis of the problem of preparation.
- Use of appellate counsel at the trial level.
- An exercise in persuasion.
- Can appellate advocacy be learned?