Download these guidelines and a template for the cover page of the brief here: http://docs.google.com/Doc?id=dfkh6z8r_31hsznbz67

Overview

Appellate briefs are arguments based on constitutional principles not opinions. For this writing assignment, you will research the particular facts of your case and the constitutional precedents established by the Supreme Court. Based on this research, you will write a one – two page brief presenting your case and your argument to your classmates. This brief will be the basis of your oral argument.

Sections of the Brief

I. Constitutional Question Presented.

• This section identifies the legal issue you want the Court to consider.

• Your question should be phrased in such a way that it may only be answered with a yes or a no. Click here to view sample questions (scroll to the bottom of the page).

II. Statement of Facts

• You are not the neutral party in this brief. Include or emphasize those facts which support your side of the case, but do not misrepresent the information.

• Minimize (but do not ignore) the facts that do not support your case

• Use only those facts which are essential to the case you are presenting.

• Present your facts chronologically.

III. Argument

• This is the heart of your brief. You need to convince the Court to rule in your favor.

• Answer each of the questions presented in order.

• Argue your side by referring to precedents. (See yellow box for more information.)

IV. Conclusion

• The conclusion to your brief should be no more than two – three sentences.

• It should conclude your argument and inform the Court of the action you would like the Court to take. For example: The ruling of the lower court should be upheld.