Write the Statement of Facts first.
Jurisdiction | United States |
Section 42. Write the Statement of Facts first.—The importance of the Statement of Facts (compare Section 23, supra) demands that this portion of the brief be written first. At this juncture it will be well for the reader to reexamine the account of Mr. Justice Brandeis' method, set forth at page 45.
A lot of lawyers don't do it that way, preferring to toss in a casual or cursory Statement of Facts after they have labored long and lovingly on the intricate learning of their legal argument. I used to do it...
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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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