Moskovitz on Appeal: Advanced Insights From An Appellate Advocate Who Wins
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Most lawyers see the appellate court as foreign territory, an arena for quiet, scholarly debate far different from the roughandtumble, thinkonyourfeet 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. Its 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. Thats 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.
Thats the way to win, and thats what this book is about.
Table of Contents
PART I: HOW TO WIN
Chapter 1 The Key
Chapter 2 Myrons Rules
PART II: SHOULD I APPEAL?
Chapter 3 The MeritsIncluding 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 Respondents Brief
Chapter 19 The Appellants Reply Brief
PART V: ORAL ARGUMENT
Chapter 20 Whats 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 NONAPPEALABLE TRIAL COURT ORDER
Chapter 25 How to Obtain the Writ
PART VIII: SAMPLE BRIEFS & PETITIONS
Sample #1: Lewis v. County of Napa (a short Appellants Opening Brief in a state civil appeal)
Sample #2: Betz v. Trainer Wortham & Co. (a longer Appellants Opening Brief in a federal civil appeal)
Sample #3: Betz v. Trainer Wortham & Co. (an Appellants Reply Brief in a federal civil appeal)
Sample #4: Ward v. GossJewett (a Respondents Brief in a civil appeal)
Sample #5: People v. McNally (an Appellants 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)