Legal
Writing Class Notes
About the trial brief
We’ll
be using the same facts. The brief will
build on the same problem.
Time
to persuade! We want to argue that in
order to have a public policy, the violation must include the violation of a statute,
which is not present here.
You
can’t just argue factually in a brief because the court is going to give the
party the benefit of the doubt on the facts.
In a motion to dismiss, all of the facts will be construed in favor of
Russo. We must make legal arguments! We have to
argue that even if the facts are true, the laws of the state of
Read
the material for next week on persuasive writing and trial briefs. Think about the difference between an office
memo and a trial brief. We’ll do the
assignments in our groups. We’ll go
through the exercises. Come prepared
with questions about what the trial brief is supposed to look like. Also, look at the trial brief in the appendix
and think about how it’s written and structured. Use the trial brief in the appendix as a
model.
Remember
to sign up for individual conferences.
The conferences will be at more favorable times because we won’t have
Contracts by that time.
The
final trial brief is due April 15th, which will be our last class.
Law
professors aren’t taught how to teach.