Moskovitz on Appeal: Advanced Insights From An Appellate Advocate Who Wins

Select a format

Print Book :Print Book
ISBN: 9781522112280
In Stock
Price
$176.00
QTY
eBook :epub
ISBN: 9781522112297
In Stock
Price
$176.00
QTY
eBook :mobi
ISBN: 9781522112297
In Stock
Price
$176.00
QTY
International Order Inquiry

Product details

View a sample of this title using the ReadNow feature

Most lawyers see the appellate court as foreign territory, an arena for quiet, scholarly debate far different from the rough–and–tumble, think–on–your–feet type of practice common in the trial courts. Because of this perception (largely correct), lawyers are often uncomfortable writing briefs and arguing before appellate courts, and frequently their primary concern is simply to get through the ordeal without looking foolish. They look at other briefs or court rules to see that their briefs are in the “proper form, “ and then just do their best to present a respectable argument.

This book is intended for the lawyer who wants to get beyond looking OK. It’s meant for the lawyer who wants victory for the client. This book is not about the form of an appeal; it is about the substance of an appeal. This book is about how to win.

The key is to examine the thinking process of appellate justices. That’s where the action is. Figure out how The Deciders decide cases. Try to select appeals in cases that the Deciders might like. Then structure your presentation to fit how the Deciders decide.

That’s the way to win, and that’s what this book is about.

Authors / Contributors

Table of Contents

Introduction



PART I: HOW TO WIN

Chapter 1 The Key

Chapter 2 “Myron’s Rules“



PART II: SHOULD I APPEAL?

Chapter 3 The Merits—Including the Standard of Review

Chapter 4 The Costs

Chapter 5 The Bottom Line



PART III: PREPARING TO WRITE THE BRIEF

Chapter 6 Reviewing the Record

Chapter 7 Preparing Your “Working Outline“



PART IV: WRITING THE BRIEF

Chapter 8 The Guiding Principles

Chapter 9 The Outline of Argument

Chapter 10 The Introduction

Chapter 11 The Statement of Issues

Chapter 12 The Statement of Facts

Chapter 13 The Summary of Argument

Chapter 14 Legal Research

Chapter 15 The Argument

Chapter 16 The Conclusion

Chapter 17 Editing and Feedback

Chapter 18 Special Considerations When Writing the Respondent’s Brief

Chapter 19 The Appellant’s Reply Brief



PART V: ORAL ARGUMENT

Chapter 20 What’s Your Goal?

Chapter 21 Preparation

Chapter 22 What to do at Oral Argument



PART VI: YOU LOST. NOW WHAT?

Chapter 23 Petition for a Rehearing?

Chapter 24 Seek “Top Court“ Review?



PART VII: OBTAINING WRIT REVIEW OF A NON–APPEALABLE TRIAL COURT ORDER

Chapter 25 How to Obtain the Writ



PART VIII: SAMPLE BRIEFS & PETITIONS

Sample #1: Lewis v. County of Napa (a short Appellant’s Opening Brief in a state civil appeal)

Sample #2: Betz v. Trainer Wortham & Co. (a longer Appellant’s Opening Brief in a federal civil appeal)

Sample #3: Betz v. Trainer Wortham & Co. (an Appellant’s Reply Brief in a federal civil appeal)

Sample #4: Ward v. Goss–Jewett (a Respondent’s Brief in a civil appeal)

Sample #5: People v. McNally (an Appellant’s Opening Brief in a criminal appeal)

Sample #6: Spear v. Ryan (a Petition for Review to a State Supreme Court)

Sample #7: T. v. Superior Court (a Petition for Writ to an appellate court)