Final revision of
Jurisdiction | United States |
Section 45. Final revision of the Statement of Facts.—Later, when the rest of the brief is also finished, it is a very good idea to reread the record, taking notes then of only those items of testimony you think you missed earlier. Insert those additional references, or those additional topics, in the revised draft Statement of Facts that you had earlier put to one side.
There are bound to be some you have missed, and you will regret every last one if you permit the brief to go into final print before you catch them. There are bound to be others you may have thought you missed that turn up, duly included in your draft. To the extent that such references were included after all, it shows that your system is working—fine! But when you get to the final showdown, it is those you have missed that annoy and cause pain, and it is for this reason...
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- Introductory.
- The basic precepts.
- Write the Statement of Facts first.
- How to go about writing the Statement of Facts.
- Steps after completing the index of testimony.
- Final revision of
- Think before you write the argument.
- Never let the other side write your brief.
- Research; some general considerations.
- Evaluation of decided cases.
- The case in point.
- When there is no case in point.
- Use of analogies.
- Handling authorities apparently against you.
- Use of dissenting and concurring opinions.
- Briefs filed in earlier cases involving the same or related questions.
- Statutory analysis.
- Legislative history.
- Administrative materials.
- Use of essentially historical materials.
- Use of noncase materials.
- Encyclopedias; collections of annotated cases.
- Use of law review materials.
- The next step in brief-writing.
- Write consecutively.
- Write the Summary of Argument last of all.
- Finally, check!
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