Log In
Or create an account ->
Imperial Library
Home
About
News
Upload
Forum
Help
Login/SignUp
Index
Title Page
Copyright Page
Epigraph
Dedication
Acknowledgements
Foreword
Introduction
General Principles of Argumentation
1. Be sure that the tribunal has jurisdiction.
2. Know your audience.
3. Know your case.
4. Know your adversary’s case.
5. Pay careful attention to the applicable standard of decision.
6. Never overstate your case. Be scrupulously accurate.
7. If possible, lead with your strongest argument.
8. If you’re the first to argue, make your positive case and then preemptively ...
9. If you’re arguing after your opponent, design the order of positive case and ...
10. Occupy the most defensible terrain.
11. Yield indefensible terrain—ostentatiously.
12. Take pains to select your best arguments. Concentrate your fire.
13. Communicate clearly and concisely.
14. Always start with a statement of the main issue before fully stating the facts.
15. Appeal not just to rules but to justice and common sense.
16. When you must rely on fairness to modify the strict application of the law, ...
17. Understand that reason is paramount with judges and that overt appeal to ...
18. Assume a posture of respectful intellectual equality with the bench.
19. Restrain your emotions. And don’t accuse.
20. Control the semantic playing field.
21. Close powerfully—and say explicitly what you think the court should do.
Legal Reasoning
22. Think syllogistically.
23. Know the rules of textual interpretation.
24. In cases controlled by governing legal texts, always begin with the words ...
25. Be prepared to defend your interpretation by resort to legislative history.
26. Master the relative weight of precedents.
27. Try to find an explicit statement of your major premise in governing or ...
Briefing
28. Appreciate the objective of a brief.
29. Strengthen your command of written English.
30. Consult the applicable rules of court.
31. Set timelines for the stages of your work.
32. In cooperation with your opponent, prepare the Joint Appendix.
33. Spend plenty of time simply “getting” your arguments.
34. Outline your brief.
35. Sit down and write. Then revise. Then revise again. Finally, revise.
36. Know how to use and arrange the parts of a brief.
37. Advise the court by letter of significant authority arising after you’ve ...
38. Learn how to use, and how to respond to, amicus briefs.
39. Value clarity above all other elements of style.
40. Use captioned section headings.
41. Use paragraphs intelligently; signpost your arguments.
42. To clarify abstract concepts, give examples.
43. Make it interesting.
44. Banish jargon, hackneyed expressions, and needless Latin.
45. Consider using contractions occasionally—or not.
46. Avoid acronyms. Use the parties’ names.
47. Don’t overuse italics; don’t use bold type except in headings; don’t use ...
48. Describe and cite authorities with scrupulous accuracy.
49. Cite authorities sparingly.
50. Quote authorities more sparingly still.
51. Swear off substantive footnotes—or not.
52. Consider putting citations in footnotes—or not.
53. Make the relevant text readily available to the court.
54. Don’t spoil your product with poor typography.
Oral Argument
55. Appreciate the importance of oral argument, and know your objectives.
56. Prepare yourself generally as a public speaker.
57. Master the preferred pronunciations of English words, legal terms, and ...
58. Master the use of the pause.
59. Send up the skilled advocate most knowledgeable about the case.
60. Avoid splitting the argument between cocounsel.
61. Prepare assiduously.
62. Learn the record.
63. Learn the cases.
64. Decide which parts of your brief you’ll cover.
65. Be flexible.
66. Be absolutely clear on the theory of your case.
67. Be absolutely clear on the mandate you seek.
68. Organize and index the materials you may need.
69. Conduct moot courts.
70. Watch some arguments.
71. On the eve of argument, check your authorities.
72. Arrive at court plenty early with everything you need.
73. Make a good first impression. Dress appropriately and bear yourself with dignity.
74. Seat only cocounsel at counsel table.
75. Bear in mind that even when you’re not on your feet, you’re onstage and working.
76. Approach the lectern unencumbered; adjust it to your height; stand erect ...
77. Greet the court and, if necessary, introduce yourself.
78. Have your opener down pat.
79. If you’re the appellant, reserve rebuttal time.
80. Decide whether it’s worth giving the facts and history of the case.
81. If you’re the appellant, lead with your strength.
82. If you’re the appellee, take account of what has preceded, clear the ...
83. Avoid detailed discussion of precedents.
84. Focus quickly on crucial text, and tell the court where to find it.
85. Don’t beat a dead horse. Don’t let a dead horse beat you.
86. Stop promptly when you’re out of time.
87. When you have time left, but nothing else useful to say, conclude ...
88. Take account of the special considerations applicable to rebuttal argument.
89. Look the judges in the eye. Connect.
90. Be conversational but not familiar.
91. Use correct courtroom terminology.
92. Never read an argument; never deliver it from memory except the opener and ...
93. Treasure simplicity.
94. Don’t chew your fingernails.
95. Present your argument as truth, not as your opinion.
96. Never speak over a judge.
97. Never ask how much time you have left.
98. Never (or almost never) put any other question to the court.
99. Be cautious about humor.
100. Don’t use visual aids unintelligently.
101. Welcome questions.
102. Listen carefully and, if necessary, ask for clarification.
103. Never postpone an answer.
104. If you don’t know, say so. And never give a categorical answer you’re ...
105. Begin with a “yes” or a “no.”
106. Never praise a question.
107. Willingly answer hypotheticals.
108. After answering, transition back into your argument—smoothly, which means ...
109. Recognize friendly questions.
110. Learn how to handle a difficult judge.
111. Beware invited concessions.
112. Advise the court of significant new authority.
113. If you’re unhappy with the ruling, think about filing a motion for reconsideration.
114. Learn from your mistakes.
115. Plan on developing a reputation for excellence.
Sources for Inset Quotations
Recommended Sources
← Prev
Back
Next →
← Prev
Back
Next →