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Frequently Asked Questions

Q.  What are the required course materials?
A. Readings are also assigned from the current edition of Aldisert, Ruggero, Winning on Appeal. Students are required to follow the citation format outlined in the current edition of A Uniform System of Citation.

Q.  What factors are considered in grading briefs?
A. The following factors are considered in grading briefs:
  • persuasiveness of argument
  • effective presentation of facts
  • originality of the legal argument
  • quality of the legal research (Students are expected to research beyond the authorities cited in the Record on Appeal)
  • quality of writing (grammar, sentence structure, clarity, precision, etc.)
  • adherence to rules in A Uniform System of Citation
  • adherence to procedural rules, including timeliness of submissions.
Q. Why are students required to argue off-brief?
A. Students may be asked to argue off brief.  This provides an opportunity for the students to assess the strengths and weaknesses of the adversary's argument, an essential oral advocacy skill.

Q. What types of argument will satisfy the Oral Argument Attendance requirement?
A. Each student is required to attend an oral argument before any state or federal appellate court.

Q. What are the brief requirements?
A. The final brief must be not fewer than ten pages and not more than twenty pages.  Count only the statement (or counterstatement) of the procedural history, statement (or counterstatement) of the facts, argument and conclusion towards this limit.  Professors will not consider pages beyond the maximum limit.  The brief must be organized into the following sections:
  • Cover Page
  • Table of Contents
  • Table of Authorities
  • Statement of Subject Matter and Appellate Jurisdiction
  • Question/s Presented
  • Statement of the case
  • Statement of Facts (including citation to Record)
  • Summary of the argument
  • Argument (including Point Headings)
  • Conclusion (including signature line and signature)
Q. When are the final graded rounds of oral argument?
A. Historically, the graded oral argument weekend is held the weekend before Thanksgiving, subject to room availability.  Appellate Advocacy students are assigned to argue on one of the two days.  During the spring and summer semesters, the graded oral arguments are generally done on the last day of class.

 
 
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