{"id":7772,"date":"2018-10-16T15:51:06","date_gmt":"2018-10-16T19:51:06","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/forceful-brief-writing-and-oral-argument\/"},"modified":"2018-10-16T15:51:06","modified_gmt":"2018-10-16T19:51:06","slug":"forceful-brief-writing-and-oral-argument","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/ja\/article\/forceful-brief-writing-and-oral-argument\/","title":{"rendered":"\u529b\u5f37\u3044\u7c21\u6f54\u306a\u6587\u7ae0\u3068\u53e3\u982d\u5f01\u8ad6"},"content":{"rendered":"

By Joseph P. Napoli Esq., Partner<\/a> \u3068 Kristina Georgiou, Esq., Associate<\/a><\/p>\n

In his celebrated article, John W. Davis, the leading advocate of his time, observed that the supreme objective of a brief is to convince the judicial mind. Davis, The Argument of an Appeal, <\/em>26 A.B.A.J. 895 (1940). What is required is a technique of presentation that will persuade to the optimum.<\/p>\n

“His (Chief Justice\u00a0 Hughes’) biographer, Mr. Merlo Pusey of the Washington Post has\u00a0 written me that his remedy was:’. . . to present\u00a0 his case\u00a0 so\u00a0 clearly,\u00a0 so\u00a0 quickly,\u00a0 and\u00a0 so forcefully as to forestall any questions which might arise in the judge’s mind before the question could be asked. That seems like a pretty large order, but he seems to have succeeded in many instances.\u00a0 Justice Cardozo told his associates on the Supreme\u00a0 Court that\u00a0 when Hughes appeared before \u00a0him in New York, he always waited for twenty-four hours to make his decision to avoid being carried away by\u00a0 the force of Mr. Hughes’ argument and personality.’ ” Vanderbilt,\u00a0 Arthur\u00a0 T.,\u00a0 Forensic\u00a0 Persuasion\u00a0 (1950 John\u00a0 Randolph Tucker\u00a0 Memorial Lectures delivered at\u00a0 Washington and Lee University), page 30.<\/p>\n

As a practicing attorney you are constantly faced with the prospects of having to prepare a trial brief, submit a memorandum of law or appellate brief. This article is the first of a series of articles that will deal with legal writing and research, appellate practice and brief writing.<\/p>\n

INTRODUCTION<\/h3>\n

Legal research should begin at the very inception of the case; that is, when the case comes into the office, prior to the drawing of the pleadings and prior to trial. It is at this stage that you will decide the legal theory upon which you will prepare and try your case. The best way to win an appeal is to thoroughly prepare your case on the facts and on the law.<\/p>\n

 <\/p>\n

PRELIMINARY STATEMENT<\/h3>\n

An appellate brief is usually arranged into various parts; preliminary statement, statement of facts, questions presented, argument and conclusion.<\/p>\n

Every part of the brief including the preliminary statement should be used to convince the Court of your position.<\/p>\n

The function of the preliminary statement is to give the Court at the outset the jurisdictional history of the case and to tell the Court something about the general nature of the case.<\/p>\n

In almost every case there will be one point of law which will determine the case on appeal. This should be brought to the Court’s attention in the preliminary statement at the very beginning of the brief. It will aid the Court in reading the brief and prepare the Court for the argument portion of your brief.<\/p>\n

“The power of clear statement,” thundered Daniel Webster over 100 years ago, “is the great power at the Bar.” [From an 1849 letter to R.M. Blatchford, quoted in M. McNamara, 2000 Famous Legal Quotations <\/em>89 (Lawyer’s Co-operative Publishing Co., Rochester, 1967)].<\/p>\n

Daniel Webster’s criterion of clear statement should be followed not only in the preliminary statement but throughout the brief.<\/p>\n

 <\/p>\n

QUESTIONS PRESENTED<\/h2>\n

The\u00a0 questions\u00a0\u00a0 to\u00a0 be determined\u00a0 on\u00a0 the\u00a0 appeal\u00a0 should\u00a0 precede\u00a0 the statement of facts\u00a0 to\u00a0 enable\u00a0 the\u00a0 Court\u00a0 to .read\u00a0 the facts\u00a0 in light of the questions\u00a0 that\u00a0 must\u00a0 be determined. The\u00a0 selection\u00a0 and\u00a0 sequence\u00a0 of the ”Questions Presented” should also contribute to the objective convincing the Court\u00a0 of your\u00a0 position.<\/p>\n

Each\u00a0 question\u00a0 presented\u00a0 should\u00a0 be drafted\u00a0 to include\u00a0 the facts\u00a0 that give rise to the issue that is to be determined\u00a0 on the appeal.\u00a0 Thus if one of the issues involved\u00a0 on the appeal\u00a0 was the contributory negligence of the plaintiff it should\u00a0 be framed\u00a0 to include\u00a0 the facts\u00a0 surrounding\u00a0 said\u00a0 negligence.\u00a0 For example: ”Was the plaintiff contributorily negligent as a matter of\u00a0 law\u00a0 in\u00a0 walking\u00a0 into\u00a0 the\u00a0 dark\u00a0 and\u00a0 unlit\u00a0 stairway\u00a0\u00a0 leading\u00a0 into\u00a0 the basement?”<\/p>\n

The appellant should\u00a0 place his strongest\u00a0 arguments\u00a0 first,\u00a0 both in the \u201cQuestions\u00a0 Presented” and\u00a0 in\u00a0 the\u00a0 “Argument” that\u00a0 is\u00a0 to\u00a0 follow\u00a0 the “Statement of Facts.”<\/p>\n

 <\/p>\n

STATEMENT OF FACTS<\/h2>\n

Preparing the statement of facts is the most difficult and most important\u00a0 part\u00a0 of\u00a0 any\u00a0 brief. \u00a0All\u00a0 of\u00a0 the\u00a0 material\u00a0\u00a0 facts\u00a0\u00a0 must\u00a0 be\u00a0 presented impartially and comprehensively. A plain and simple chronological\u00a0 statement of the material facts\u00a0 is usually\u00a0 the best.<\/p>\n

In order to generate a statement of facts for your brief, it is necessary to digest the record first-both the transcript of the testimony\u00a0 at the trial and\u00a0 the\u00a0 exhibits.\u00a0\u00a0 Digesting\u00a0 is\u00a0 an\u00a0 art.\u00a0\u00a0 How\u00a0 effectively\u00a0 it\u00a0 is\u00a0 done\u00a0 will determine\u00a0 not only the amount\u00a0 of time consumed, but also the quality of the\u00a0 resulting\u00a0 factual\u00a0 statement.\u00a0 Do\u00a0 not\u00a0 treat\u00a0 it\u00a0 as\u00a0 a\u00a0 routine\u00a0 exercise. Stating facts fully and effectively is considerably difficult, but most important.<\/p>\n

Ordinarily,\u00a0 facts\u00a0 determine\u00a0 the law that\u00a0 is applicable\u00a0 to a case\u00a0 and governs\u00a0 the outcome.\u00a0 Accordingly,\u00a0 facts\u00a0 should\u00a0 always be developed\u00a0 to the full. Every effort should be made to get all the juice out of them. The discovery\u00a0 of a tiny, but significant little nut or bolt may turn what would have been a defeat into a victory. Thus, digesting the record and checking the record\u00a0 references\u00a0 of each\u00a0 draft of the Statement\u00a0 of Facts\u00a0 should be done\u00a0 with great care,\u00a0 in order to dredge up every\u00a0 significant nugget, no matter\u00a0 how small, and to present\u00a0 the inferences\u00a0 and overtones.<\/p>\n

Every\u00a0 brief needs the vital factor\u00a0 of organization,\u00a0 both in the Statement of Facts\u00a0 and in the Legal\u00a0 Argument.\u00a0 The\u00a0 best\u00a0 way to organize a Statement\u00a0 of Facts is to assemble it into compartments\u00a0 that are introduced by headings.\u00a0 Headings\u00a0 within the Statement\u00a0 of Facts\u00a0 makes it easier for the reader to absorb\u00a0 the written material and refer back to essential facts, when necessary,\u00a0 in reading the Legal Argument.\u00a0 In addition, the process of organizing a Statement\u00a0 of Facts\u00a0 in this manner compels the writer to prepare the brief with greater care and forces the writer to give adequate treatment\u00a0 to each\u00a0 introductory\u00a0 heading.<\/p>\n

Mario Cuomo in his article Appellate Advocacy: Some\u00a0 Observations and Suggestions\u00a0 <\/em>(N. Y.L.J., October\u00a0 3rd, 1963) stated\u00a0 that:<\/p>\n

“The presentation\u00a0\u00a0 of\u00a0 the\u00a0 facts,\u00a0\u00a0 therefore,\u00a0\u00a0 presents\u00a0 the\u00a0 brief writer with his greatest challenge. In most cases the facts are the. prime stuff out of which his argument must be produced.\u00a0 It must be\u00a0 drawn. so as\u00a0 to\u00a0 suggest-if not impel-the solution\u00a0 sought after, while at the same time being honest and straightforward. It must be reduced\u00a0 to the\u00b7 material essence\u00a0 and unencumbered\u00a0 by irrelevancies,\u00a0 without being incomplete. It must be faithful to the record\u00a0\u00a0 without\u00a0\u00a0 depriving\u00a0\u00a0 itself\u00a0\u00a0 of\u00a0 the\u00a0\u00a0 benefit\u00a0 of\u00a0 anything \u00b7 commonly\u00a0 known or judicially noticeable\u00a0 that\u00a0 might aid in the cause.\u00a0 All in all,\u00a0 the task is a delicate\u00a0 one-as difficult as it is important.” (emphasis\u00a0 supplied)<\/p><\/blockquote>\n

 <\/p>\n

LEGAL ARGUMENT<\/h2>\n

Cuomo continued:<\/p>\n

“… it is of pervasive importance to the presentation of a case on appeal\u00a0 that\u00a0 the\u00a0 court\u00a0\u00a0 be\u00a0 shown\u00a0 how\u00a0 the\u00a0 result\u00a0 requested\u00a0 is compelled by equity and the dictates of justice; .. If he is to be an advocate\u00a0\u00a0 he\u00a0 must\u00a0 breathe\u00a0 life\u00a0 into\u00a0 his cause\u00a0 by\u00a0 showing,\u00a0 as vividly\u00a0 as\u00a0 possible,\u00a0 that\u00a0 the\u00a0 conclusion\u00a0 he\u00a0 urges\u00a0 will serve\u00a0 a greater cause than mere uniformity. The advocate must convince the court that his solution will result immediately in justice\u00a0 between the parties and ultimately\u00a0 in justice to the community.”<\/p><\/blockquote>\n

Each portion of the Brief devoted to Legal Argument is broken down into separate Points and each Point must begin with a good Point Heading. A point heading is the very apex of a pyramid of argument. It should state the heart of the argument in board-brush but clear and\u00a0\u00a0 if possible, vivid terms.\u00a0 A well written heading immediately\u00a0 informs the reader\u00a0 what the writer is driving at.<\/p>\n

Writing a good\u00a0 point\u00a0 heading is not easy;\u00a0 If too long or prolix,\u00a0 the heading cannot be readily understood. On the other hand; if the beading is too short,\u00a0 it may be So cryptic that it may not convey the message at all.<\/p>\n

Only a middle course will really work. A heading should be as short as possible,\u00a0 yet long enough\u00a0 to be absolutely clear.<\/p>\n

It must be interesting\u00a0 and provocative and contain your Legal Argument applying it to the facts of the case.<\/p>\n

In developing a Legal Argument, it is best to lead from strength rather than weakness.\u00a0 Hence,\u00a0 present\u00a0 the strongest\u00a0 points first.\u00a0 The order\u00a0 may be different when background\u00a0 material necessary\u00a0 for an understanding\u00a0 of the points should\u00a0 logically come first.\u00a0 Weak\u00a0 points dilute strong\u00a0 points, and should be placed last or omitted,\u00a0 depending on the writer’s judgment.<\/p>\n

Within each Point the writer must weave the principle or principles of law he is relying upon with the operative facts that relate to his Argument.<\/p>\n

The cases\u00a0 and authorities relied on must be cited\u00a0 and analyzed.<\/p>\n

    \n
  • First, in citing and discussing\u00a0 cases,\u00a0 it is usually best,\u00a0 again, to lead from strength\u00a0 rather\u00a0 than\u00a0 \u00a0 Put the\u00a0 best cases\u00a0 first.<\/li>\n
  • Second, in introducing\u00a0 a case, \u00a0it is usually\u00a0 desirable\u00a0 to summarize what the case holds before turning to its details.\u00a0 In fact, all legal writing is more easily understood if the conclusion is stated\u00a0 before the reasoning\u00a0 is provided.<\/li>\n
  • Third, cases\u00a0 should be presented\u00a0 fully enough so that the reader\u00a0 will not feel that,\u00a0 in order\u00a0 to understand\u00a0 it,\u00a0 he has\u00a0 to read\u00a0 the opinion.\u00a0 An effective treatment states the form of action; the relevant facts, the holding of the case, and one or more apt quotations. This comprehensiveness gives the case a more solid appearance than a sketchy summary\u00a0 would provide.<\/li>\n
  • Fourth, when an opinion contains\u00a0 a particularly\u00a0 cogent\u00a0 phrase\u00b7 that may come close to the heart of your own case, emphasize it by repetition.<\/li>\n<\/ul>\n

    A certain amount of conscious repetition of major points is often desirable. Otherwise, a main point may be overlooked\u00a0 by the reader. The end of each\u00a0 Point should contain\u00a0 a Conclusion\u00a0 summarizing\u00a0 the major\u00a0 Argument\u00a0 or\u00a0 Arguments made throughout\u00a0 the Brief.<\/p>\n

     <\/p>\n

    CONCLUSION WITHIN BRIEF<\/h2>\n

    The\u00a0 summaries\u00a0 at\u00a0 the\u00a0 end\u00a0 of each Point\u00a0 should\u00b7 be combined\u00a0 and drafted into a Conclusion\u00a0 that has the key facts,\u00a0 principles of law and the requested\u00a0 prayer for\u00a0 relief: Affirmance,\u00a0 Reversal\u00a0 or\u00a0 Modification.<\/p>\n

    ORAL ARGUMENT<\/h3>\n

    Mr. Justice\u00a0 Brennan\u00a0 has said:<\/p>\n

    \n

    ”Oral argument\u00a0 is the absolutely\u00a0 indispensable\u00a0 ingredient of appellate advocacy\u00a0 . . . Often\u00a0 my whole notion of what a case is about crystallizes at oral argument.\u00a0 This happens even though I read all the briefs before oral argument;\u00a0 indeed,\u00a0 that is the practice now of all the members of the Supreme Court …” Brennan, Harvard Law\u00a0 School\u00a0 Occasional\u00a0 Pamphlet\u00a0 No. 9, 22-23 <\/em>(1967).<\/p>\n<\/blockquote>\n

    Oral Argument does not advance a client’s cause simply because it is oral. Standing at the lectern and simply talking (or worse,\u00a0 reading) is not the\u00a0 kind of advocacy\u00a0 to which Mr. Justice\u00a0 Brennan\u00a0 was referring.<\/p>\n

    To advance\u00a0 the cause,\u00a0 Oral\u00a0 Argument\u00a0 must do the. things that it is supposed\u00a0 to do. If it does not, it is not only ineffectual in advancing\u00a0 the client’s\u00a0 cause,\u00a0 but\u00a0 may very\u00a0 well be harmful.<\/p>\n

    The following list contains many of the fundamental aspects as well as practical\u00a0 tips that go into effective\u00a0 Argument:<\/p>\n

      \n
    1. l) THOROUGH PREPARATION: Counsel must not only know his own case, but also be prepared to answer any question on any problem which is closely\u00a0 related\u00a0 to his case;\u00a0 (2) FAVORABLE\u00a0 FIRST\u00a0 IMPRESSION:\u00a0 Counsel must\u00a0 be\u00a0 neatly\u00a0 attired\u00a0\u00a0 and\u00a0 be\u00a0 possessed\u00a0\u00a0 of\u00a0 a\u00a0 respectful\u00a0\u00a0 manner\u00a0 as evidenced\u00a0 by his observation\u00a0 of the proper formalities and courtesies;\u00a0 (3) EFFECTIVE OPENING: Counsel’s opening must mentally awaken the Court; (4) STATEMENT\u00a0 OF THE\u00a0 ISSUE: Counsel\u00a0 should tell the Court the specific issue that it is called upon to decide; (5) STATEMENT OF CARDINAL FACTS: The statement of the facts should be limited to the essential facts.\u00a0 Counsel must develop\u00a0 these facts in a clear and effective manner; (6) ARGUMENT\u00a0 MUST BE CONCRETE: Principles of law should not be discussed abstractly, but in\u00a0 relation\u00a0 to the\u00a0 particular\u00a0 facts\u00a0 of the\u00a0 case;\u00a0 (7) ARGUMENT\u00a0 MUST STIMULATE INTEREST: The presentation\u00a0 must be animated and enthusiastic. It must indicate sincerity of purpose and a desire to assist the Court in arriving\u00a0 at\u00a0 a\u00a0 just\u00a0 and\u00a0 proper\u00a0 result;\u00a0 (8)\u00a0 Counsel\u00a0 must\u00a0 not\u00a0 divert\u00a0 the attention\u00a0\u00a0 of\u00a0 the\u00a0 Court\u00a0 by\u00a0 annoying\u00a0 mannerisms,\u00a0\u00a0 distressing\u00a0 gestures, reading long quotations, or unnecessary\u00a0 citation of cases; (9) Counsel must be\u00a0 able\u00a0 to answer\u00a0 the\u00a0 Court’s questions\u00a0 in a competent\u00a0 and lawyer-like manner;\u00a0 and (10) The\u00a0Conclusion\u00a0 must\u00a0 be brief and concise,\u00a0 and\u00a0 must state\u00a0 the\u00a0 relief requested.<\/li>\n<\/ol>\n

      Preparation<\/em><\/h4>\n

      Every\u00a0 good\u00a0 trial\u00a0 lawyer\u00a0 knows\u00a0 that\u00a0 the\u00a0 great\u00a0 secret\u00a0\u00a0 of\u00a0 being\u00a0 a ‘successful\u00a0 trial lawyer\u00a0 does\u00a0 not lie in talent\u00a0 at courtroom\u00a0 histrionics\u00a0 or cross-examination ability or the like, although\u00a0 these are valuable talents; the great secret of being a successful\u00a0 trial lawyer is adequate\u00a0 preparation. Not to the same degree,\u00a0 but to a considerable extent,\u00a0 the same secret\u00a0 is true\u00a0 of Oral\u00a0 Argument\u00a0 on appeal.<\/p>\n

      Oral advocacy\u00a0 on appeal does require certain talents and inner resilience and fortitude\u00a0 that is not required\u00a0 in general- practice,\u00a0 or even in trial practice\u00a0 to the same degree.\u00a0 Indeed,\u00a0 there are many lawyers\u00a0 who should seriously consider letting someone else handle their appeals.\u00a0 But preparation is still a big “secret” weapon. Any lawyer who is basically qualified to appear in an Appellate Court will improve the quality of the representation he gives to his client if he will take the time required\u00a0 to prepare\u00a0 his Oral Argument adequately\u00a0 and devote that time to the proper manner of preparation.<\/p>\n

      The Law<\/em><\/h4>\n

      The first and most obvious\u00a0 task\u00a0 in preparing for oral argument is in mastering\u00a0 the law of the case\u00a0 by a thorough\u00a0 study of the Briefs.<\/p>\n

      The next task is to study the pertinent\u00a0 authorities. In doing so, read carefully the authorities on both sides of the case. It is a common error for counsel to have an “ostrich” approach\u00a0 to the cases cited against him. It is important\u00a0 to handle the cases\u00a0 that\u00a0 hurt as well as the ones that\u00a0 help.<\/p>\n

      “Sherardize” all cases on both sides, without exception.\u00a0 Check the clerk’s\u00a0 office of the Court\u00a0 in which the case is pending as to any related cases recently\u00a0 decided or under consideration. If there are related cases, obtain\u00a0 Briefs from the\u00a0 Clerk’s\u00a0 office or counsel\u00a0 in the case.<\/p>\n

      \u4e8b\u5b9f<\/em><\/h4>\n

      Study the Record on Appeal-The facts on an appeal are contained in one\u00a0 place\u00a0 and\u00a0 one\u00a0 place\u00a0 only,\u00a0 and\u00a0 that\u00a0 is in\u00a0 the\u00a0 record.\u00a0\u00a0 There\u00a0 is\u00a0 no substitute for the laborious\u00a0 reading and rereading of testimony and examination\u00a0 of\u00a0 the\u00a0 exhibits.\u00a0\u00a0 This\u00a0 area\u00a0 of\u00a0 preparation\u00a0\u00a0 is\u00a0 the\u00a0 one\u00a0 probably neglected\u00a0 most of\u00a0 all\u00a0 by counsel\u00a0 handling appeals.<\/p>\n

      The\u00a0 appellate\u00a0 judges\u00a0 interviewed\u00a0 by\u00a0 the\u00a0 author\u00a0 are\u00a0 unanimous\u00a0 in urging that counsel\u00a0 who intend to argue an appeal familiarize themselves with the facts in the record\u00a0 to such an extent that they can put their finger on any piece of testimony or evidence in that record at a moment’s\u00a0 notice.<\/p>\n

      Topical Outline-After having\u00a0 already\u00a0 gone\u00a0 through\u00a0 the\u00a0 laborious process of soaking yourself in your case and polishing your Argument, you now need at the lectern a short topical outline of your Argument with brief catch phrases that are selected by you personally,\u00a0 so that they will recall to your mind at a glance the whole substance\u00a0 of the Argument that you want to make on each issue.\u00a0 These\u00a0 should be printed\u00a0 in a fairly large,\u00a0 highly legible\u00a0 fashion\u00a0 on\u00a0 plain\u00a0 white\u00a0 sheets\u00a0 of\u00a0 paper,\u00a0 or\u00a0 typed\u00a0 with extra large characters, using very wide margins on both sides and top and\u00a0 bottom\u00a0 with ample spacing between\u00a0 the topics.<\/p>\n

      This outline should contain items located in such a way that they are quite visible and available but do not distract from\u00a0 the substance\u00a0 of the outline\u00a0 itself.<\/p>\n

      Handling Questions<\/em><\/h4>\n

      Answer\u00a0 Immediately-Answer questions\u00a0 immediately,\u00a0 forthrightly and\u00a0 use\u00a0 them\u00a0 as\u00a0 hammers\u00a0 with which\u00a0 to drive home the force\u00a0 of your Argument. Rather than seeing them as an interruption\u00a0 or a delay in your Argument, counsel\u00a0 should,\u00a0 as\u00a0 John\u00a0 W.\u00a0 Davis said, “Rejoice when the Court\u00a0 asks\u00a0 questions.”<\/p>\n

      This is your priceless opportunity to engage the judge’s mind directly, to discover\u00a0 what his doubts\u00a0 and reservations are, possibly his misconceptions of the facts or law, and to deal directly and forcefully with them, at a time when\u00a0 he is surely\u00a0 paying close attention . Never defer the answer to the question with the explanation\u00a0 that\u00a0 you will be coming to it later.\u00a0 As many Appellate \u00a0judges\u00a0 have\u00a0 said\u00a0 to\u00a0 counsel\u00a0 in\u00a0 such\u00a0 circumstances: ”Counsel, you are there\u00a0 now.”<\/p>\n

      Instead, turn the question to positive advantage,\u00a0 using it to further the progress\u00a0\u00a0 of\u00a0 your\u00a0\u00a0 Argument\u00a0\u00a0 and\u00a0 to\u00a0 help\u00a0 in\u00a0 the\u00a0 task\u00a0\u00a0 of\u00a0 persuasion.<\/p>\n

      Remember that the judge is neither stupid nor inexperienced. The question will always be germane to the issue, and it will be probing toward a key point in\u00a0 the Argument.<\/p>\n

      Also,\u00a0 every\u00a0\u00a0 Argument\u00a0 is\u00a0 made\u00a0 up\u00a0 of\u00a0 several\u00a0\u00a0 points\u00a0 that\u00a0 are interrelated.\u00a0 You may have selected one sequence of organization or one method of approaching\u00a0 the explanation of your\u00a0 position ,\u00a0 but there\u00a0 will always be other ways of approaching the same question. Seize upon the question\u00a0 the judge has asked as the ”doorway” into that section of your Argument to \u00b7which it\u00a0 pertains.<\/p>\n

      If your Argument is logical and cohesive, it should not be too difficult to begin at any point in it and progress forward, adding the necessary other points, and reach the same conclusion. If the question is directed t\u00a0\u00a0 your legal Argument\u00a0 and not just to a record reference or something very brief it\u00a0 is\u00a0 normally\u00a0 impossible\u00a0 to\u00a0 answer\u00a0\u00a0 it\u00a0 without\u00a0 including\u00a0 the other interrelated\u00a0 or\u00a0 major premises\u00a0 or presumptions\u00a0 that are a\u00a0 part of your\u00a0 Argument on that point.<\/p>\n

      Wherever possible, utilize this opportunity to nail down that particular portion of the Argument raised by the question.\u00a0 It may not be in the sequence you had planned to cover it, but cover it fully and completely, nevertheless,\u00a0 and then consider\u00a0 it to be done with.<\/p>\n

      In this way the answering of questions is not “lost” time, at all. It is time very valuably spent in covering a portion of your Argument that you were going to cover anyway\u00a0\u00a0 but covering it in a way that is likely to be much more effective.<\/p>\n

       <\/p>\n

      CONCLUSION<\/h2>\n

      Each part of the Brief should be used to convince the Court of your position.\u00a0 This should be done with the shortest,\u00a0 most concise and clearest of Briefs.\u00a0 Consideration\u00a0 should always be given to the work load of the Court and to the\u00a0 objective of getting the Court’s\u00a0 attention\u00a0 to what you think is important in winning the appeal-via a clear and concise Brief and effective Oral Argument.<\/p>","protected":false},"excerpt":{"rendered":"

      Joseph P. Napoli Esq.\u3001\u30d1\u30fc\u30c8\u30ca\u30fc\u304a\u3088\u3073 Kristina Georgiou\u3001Esq.\u3001Associate \u5f7c\u306e\u6709\u540d\u306a\u8a18\u4e8b\u3067\u3001\u5f7c\u306e\u6642\u4ee3\u306e\u4e3b\u8981\u306a\u652f\u6301\u8005\u3067\u3042\u308b John W. Davis \u306f\u3001\u6700\u9ad8\u306e\u76ee\u7684\u2026<\/p>","protected":false},"author":3,"featured_media":7773,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[775],"tags":[886,905],"class_list":["post-7772","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-personal-injury","tag-attorney-joseph-napoli","tag-joseph-napoli"],"acf":[],"page_builder_type":"gutenberg","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/posts\/7772","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/comments?post=7772"}],"version-history":[{"count":0,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/posts\/7772\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/media\/7773"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/media?parent=7772"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/categories?post=7772"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/ja\/wp-json\/wp\/v2\/tags?post=7772"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}