Overview
After the attorney has conducted the research and prepared an outline, the attorney can start writing the brief. When writing the brief, the attorney will present a persuasive argument to the judge based upon the relevant facts and the current law.
Instructions
To: Junior Attorney
From: Senior Attorney
RE: Jeffrey Bing Matter
As we are getting ready for the Jeffrey Bing trial, please prepare a Persuasive Brief: Final Assignment on the jury instruction issue. The Persuasive Brief: Final Assignment should be entitled “Defendant’s Motion for Self-Defense Jury Instruction.” The Persuasive Brief: Final Assignment must thoroughly analyze the issue identified in the Persuasive Brief: General Instructions document.
The Persuasive Brief: Final Assignment must be 6–8 pages and contain the following 5 sections:
· Caption
· Introduction
· Statement of Facts
· Argument
· Conclusion
The content for each section is described below.
Caption
The caption should include the court’s caption and the title of the brief. The court’s caption is as follows:
THE PEOPLE OF THE STATE OF ILLINOIS,
v.
Jeffrey BING.
No. 00 CR- 01234567.
|
STATE OF ILLINOIS
|
)
|
|
|
)
|
SS.
|
|
|
COUNTY OF COOK
|
)
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The title of this brief should be: Defendant’s Motion for Self-Defense Jury Instruction.
Introduction
Begin the Persuasive Brief: Final Assignment with an Introduction. The Introduction should state who the client is, what relief is sought, and why the client is entitled to the relief sought. The Introduction should include a brief summary of the most compelling reasons that support the relief sought. Please organize the Introduction in a logical manner. Use the heading “Introduction” to start this section.
Statement of Facts
Good news, Counselor, your Statement of Facts section is already well-developed. You wrote the Statement of Facts in the Legal Memorandum: Final Assignment. Please pull the Statement of Facts from that document and add it to your Persuasive Brief: Final Assignment. Be sure to make any needed edits. Also, review the Statement of Facts to verify that it is written in a persuasive manner, while still remaining ethical and fair. Keep in mind that the Statement of Facts should include all the relevant evidentiary facts that tell the story of our client’s case. The facts must be presented in chronological order. The record should be cited throughout the Statement of Facts. Use the heading “Statement of Facts” to start this section.
Argument
The Argument section will be the longest section of your brief. Within this section, you will be explaining three judicial opinions (two you selected and one the paralegal team provided to you), the relevant jury instruction, and the relevant statute.
Prepare rule explanation and rule application paragraphs about each of the judicial opinions, statute, and the jury instruction. Use the heading “Argument” to start this section. Then, incorporate descriptive point headings throughout the Argument section to help move the judge through each section.
As a reminder, the rule explanation should properly and accurately explain and evaluate the law as it relates to the issue before this court. The rule explanation paragraphs should provide the following details about the judicial opinions in the following order: rule of law, full Bluebook citation, facts, holding, and reasoning. Subheadings (for instance, “rule of law”) should not be include. Each part of the rule explanation paragraph should flow together in a concise paragraph.
Citations to the judicial opinion should be included throughout the rule explanation paragraphs at the following places: after the rule of law, holding, and reasoning.
The statute and jury instruction should also be explained. However, full rule explanation paragraphs cannot be developed for those as they do not contain the same elements that a judicial opinion does.
The rule application paragraphs will apply the provided judicial opinion to our client’s factual situation. The rule application paragraphs should properly and accurately explain and evaluate how the provided judicial opinion relates precisely to the client’s facts. Show the similarities and differences between our client’s case and the provided judicial opinion.
Please use the following basic structure as a guide when preparing the argument section:
Rule explanation paragraph – about the statute
Rule application paragraph – showing how the statute relates to our client’s case
Rule explanation paragraph – about judicial opinion 1
Rule application paragraph – showing how judicial opinion 1 relates to our client’s case
Rule explanation paragraph – about judicial opinion 2
Rule application paragraph – showing how judicial opinion 2 relates to our client’s case
Rule explanation paragraph – about judicial opinion 3
Rule application paragraph – showing how judicial opinion 3 relates to our client’s case
Rule explanation paragraph – about the jury instruction
Rule application paragraph – showing how the jury instruction relates to our client’s case
This basic structure can be modified (for instance, you may desire to put the statute discussion last). Those placement modifications are fine. However, a rule explanation paragraph must always be followed by a rule application paragraph.
Conclusion
The last part of the Persuasive Brief: Final Assignment is the Conclusion. The Conclusion should flow from your Argument. It should provide a brief summary of your Argument, without making any new arguments. The Conclusion should include the proper prayer for relief stating to the court what relief your client is seeking in this Motion.
In addition to the requirements explained above, please follow these format guidelines:
· Length of assignment: The Persuasive Brief: Final Assignment must be 6-8 pages.
· Sections: The Persuasive Brief: Final Assignment must contain five sections: Caption; Introduction; Statement of Facts; Argument; and Conclusion
o A title page should not be provided.
· Format of assignment: Use the Bluebook citation format throughout the Persuasive Brief: Final Assignment.
I look forward to reading your Persuasive Brief: Final Assignment, Counselor.
Note: Your assignment will be checked for originality via the Turnitin plagiarism tool.
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