App Ad Notes 8/19/04


We only have three drafts and we donít have to start from scratch on our research.We have lower court decisions that we can look at and we can get our research started from those decisions.All the homework will be parts of doing the writing.There are due dates that all occur at once.Be decent on the day the paper is due.We only have 10 meetings.Youíre done with the class by Thanksgiving.80% of the grade is the brief, 20% for oral argument.Thatís a big difference.Judges in real life care more about briefs than oral argument.The brief tends to form a rebuttable presumption that gets tested at oral argument.The goal is to come up with a brief that doesnít need oral argument.If you do bad on the drafts, you lose points on the final grade.But you want to learn stuff from the drafts.There are 18 adjunct sections.


You are not allowed to look at any attorney work product relevant to the case.No attorney briefs!No amicus briefs!None from the court below!Thatís not necessarily like real life, though.Weíre back in academia, and the rules are different.We can probably do better than the real thing in some cases.You also canít consult briefs online or hard copies.We canít consult with each other until weíre told that we can.When in doubt, ask.


We will separate the ideal reader from the real reader.The judge doesnít read the brief first, the clerk does, and sometimes thatís the only person who reads it.The judge will only use the brief if itís helpful.Clerks may not be totally attentive readers.Judges might not be that attentive either.Regular folks will be reading the brief!You have to write it so that theyíll get it the first time!


Whatís the significance of dead fish?Read the book.Donít use indented quotes in your writing if at all possible!Why is research like dating and writing like marriage?Next week, weíll find out!


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