First, here\u2019s a recent, local example of a few case briefs just to give you an idea of what they look like:<\/p>\r\n
Legal briefs don’t have to be terribly complex.\u00a0 \u00a0 They start with headlines in the top third of the brief:\u00a0<\/em><\/span><\/p>\r\n MOOT COURT OF RADFORD UNIVERSITY<\/strong><\/span> Your Names<\/strong> <\/span>\u00a0(show whether petitioners or respondents ) \u00a0 \u00a0\u00a0<\/span><\/p>\r\n Their Names<\/strong> \u00a0(as\u00a0petitioners or respondents )<\/p>\r\n COMPLAINT<\/strong><\/span> Then start with opening statement (#1 below) and continue through the six sections.<\/span><\/em><\/p>\r\n Sections of a brief\u00a0<\/em><\/span><\/p>\r\n 1. Opening statement<\/strong> <\/span>or questions presented. This is a general statement about the nature of the case and the Constitutionally relevant issues in play.<\/p>\r\n 2. Parties to the complaint \u2014<\/strong><\/span> Who are they, where are they served (email addresses are OK). What attorneys (or moot court “attorneys” ). are serving for plaintiff or defendant. Be clear about whose brief this is.<\/p>\r\n 3. Jurisdiction and venue \u2014<\/strong> Is<\/span><\/span> this a moot case? Are we in a moot court? (Yes of course. In some situations, though, the question of venue is important). So here you just say that that this is a moot case and you\u2019re in a moot court.<\/p>\r\n 4. Facts \u2014<\/strong><\/span> Procedural history and things that happened to lead up to the case.<\/p>\r\n 5. Causes of Action \/ Closing arguments \u2014<\/strong><\/span> What laws have been broken? What previous case decisions can you cite as precedents?\u00a0 You need to cite at least three cases, with direct quotes illustrating the point,\u00a0 and explain how these case precedents support your position.\u00a0 This is the most important section of the brief and must be well organized and supported by accurately cited research.\u00a0 (Beware! Don’t trust AI generated case citations).\u00a0<\/p>\r\n Example:<\/strong>\u00a0 Say you are arguing that student media should be free to advertise beer and liquor .\u00a0 How would you make your argument?\u00a0 You might start by noting the longstanding regard for free speech on campus in various cases and cite three or four campus speech cases, quoting relevant sections that support your argument. <\/span><\/p>\r\n Then you might note how the court decided in 44 Liquormart v RI and the Rubin v Coors alcohol advertising cases that factual information about legal products was protected speech.\u00a0<\/span><\/p>\r\n Finally, you might apply the four-part Central Hudson test for advertising\u00a0in order to show why a regulation restricting student advertising is overly broad. \u00a0Typically you would take each part of the test and show why it does (or doesn’t) apply in this situation. \u00a0\u00a0<\/span><\/p>\r\n So you go from a broad argument to a narrower argument, and back it\u00a0 up\u00a0 by citing prior cases.\u00a0 Then you apply a test or precedent from previous cases to this particular instance.\u00a0\u00a0 Overall you should cite six or more cases and discuss how the precedents support your argument.\u00a0<\/p>\r\n A good overview of opening and closing arguments<\/a> is found in this US Courts educational web site.<\/p>\r\n 6. Prayer for Relief \u2014<\/strong><\/span> Here you ask the court to award \u00a0compensatory damages<\/a>,\u00a0punitive damages<\/a>,\u00a0attorney’s fees<\/a>, and possibly to issue an injunction<\/a> to make the defendant stop a certain activity.\u00a0\u00a0<\/p>\r\n Citations: <\/span><\/strong>\u00a0Be sure to u<\/span>se standard legal style with complete citations. For example: New York Times Co. v. Sullivan, 376 U.S. 254 (1964). There are other examples of moot court papers that can be found with a simple Google search for \u201cmoot court.\u201d\u00a0 Briefs will be scored on a scale of one hundred points and will be judged on the basis of research, presentation of concise and cogent arguments and writing style.<\/p>\r\n\r\n \u00a0<\/p>\r\n","protected":false},"excerpt":{"rendered":" First, here\u2019s a recent, local example of a few case briefs just to give you an idea of what they look like: Green Group Holdings v. Mary B. Schaeffer, 2016, an Alabama SLAPP case. \u00a0Respondent’s filing.\u00a0 Virginia student power network … Continue reading
Case name<\/strong><\/span>
Date<\/strong> <\/span>(of oral arguments)\u00a0<\/span><\/p>\r\n
( Leave the right hand side of the page open at the top. ) <\/span><\/p>\r\n