The Trial Court’s Misapplication Essay Case Assignment

The Trial Court’s Misapplication Essay Case Assignment

Order ID	53563633773
Type	Essay
Writer Level	Masters
Style	APA
Sources/References	4
Perfect Number of Pages to Order	5-10 Pages

Description/Paper Instructions

The Trial Court’s Misapplication Essay Case Assignment

at last!!!!

Please remember that the last day to submit any work is Sunday, February 23rd. please submit your test by Thursday midnight at the latest!

Test 6 is relatively straightforward and considerably less work than the last few weeks.

Just a few notes for your brief this week (additional important notes at the bottom of this page also)

1) Be sure to correctly phrase your issues on appeal. Errors at trial involve the trial court’s misapplication of the elements of your statute — look to your case law. Otherwise, your research will provide nothing of benefit. Research the court structure to make sure you’re bringing in the right court – don’t leapfrog! Again, the quality of your research will be greatly affected! Note that Daire provided law and the issue in response to Test 4 if it was posted on time.

2) You may want to study jury instructions regarding the issues in question, if you can locate them. They can provide a lot of insight, but your state secondary encyclopedias and journals will be more readily available.

3) Frequently, the most difficult parts of this assignment regard first, knowing where to begin. And second, knowing where to end.

• Begin with your legal issues. Read your court opinions, and study secondary authority
• remember that the courts appreciate brevity, as do we! In fact, many if not most courts specify a maximum number of pages in the brief itself. It is not the length of the assignment that matters, but rather, the effectiveness of your arguments, and the weight of your authority.
• When conducting legal research your goal is always to locate mandatory authority in support of your arguments. Remember, provide a thorough application of law to the facts! Don’t just spit out the law—you want to clearly show the court that the facts in your case are similar enough that they must follow the reasoning of the court you’re citing, or they differ significantly enough that law working against you should not apply.

4) Study the web sites provided in the instructor memo from week five. Some of them provide excellent sample briefs – studying these will clearly indicate how appeals are argued, how the issues are phrased, etc. Take advantage of any resources available to you – the more you understand the appeals process, the clearer your goals will be. I have pasted the websites below that where provided in week five memo.

Appellate Links:

http://law.duke.edu/curriculum/appellateadvocacy/guide.html

Note, if the link above does not work, copy/paste it into your browser)

http://www.appellate.net/articles/gdaplbrf799.asp

http://www.appellate.net/briefs/defaultNew.asp

Samples for REVIEW ONLY – watch plagiarism)

5) A simplified appellate brief (very simplified!) is available through Sample Docs on the main course page. Use this to illustrate format and the fundamentals of what’s involved. I have attached the SAMPLE provided in the attachments of the homework post assignment board.

Formatting

Please do NOT use a separate page for each section of the brief. A line break or two will suffice and save time and paper (i go through and delete all unnecessary white space prior to printing these) — any font/margin settings are fine.

If you follow the formatting directions above, your brief will likely run between 4-5 pages — you only need to cite one case and your statute — if you have more, that’s fine, but courts limit the number of pages… ours would certainly be less than eight if we enforced a limit.

The best thing you can do is to jump in and get your feet wet. Try to have fun with this assignment, and consider how everything you’ve learned in the last few months is now coming together.

• Appellate Brief Recommendations

Frequently, the two most difficult areas in this assignment regard first, knowing where to start:

Step One: Identify your issues. Consider the following:

Is it

• Federal or State? Kant is charged under STATE statutes
• Civil or Criminal? Kant is appealing a CRIMINAL conviction

Step Two: Begin to Research your issues.

• What secondary sources and helper aids will be most beneficial?
• Don’t forget to cartwheel if you’re having trouble with searches/terms.
• Shepardize/KeyCite any cases you find. They can lead you to additional cases
• Carefully study a variety of court opinions, as well as relevant secondary authority, on your legal issues first. You need to fully understand the concepts and how the court views them. How have other attorneys presented arguments on these issues – read and understand both sides

Step Three: Once you fully understand your legal issues, begin your search for specific law to support your arguments. Remember to check statutes, and again, don’t forget the full value of Shepard’s/KeyCite.

Step Four: After you fully understand the concepts, arguments, and your supporting law, begin your analysis.

Step Five: Prepare your Brief – note, you may find it more beneficial to work out of order. For instance, presenting your legal questions, or stating the case, may focus you.

Your second big challenge will likely involve knowing when to stop:

• For a single-issue scenario, a couple of cases and a statute will normally suffice IF you apply the law to the facts.Weave the law into your facts (and vice versa) throughout the arguments. Don’t just spit out the facts, and then state the law. Use the facts from both cases to illustrate how the law applies, or does not apply, in Kant’s case. As mentioned previously, go back to the components of legal analysis from last session, if necessary. The tools remain the same.
• Remember that your goal is to locate mandatory authority in support of your argument/s – investigate and appreciate your state court structure with regard to this issue.

Brief Components:

Cover Page:

• Be sure to check format for yourjurisdiction. Correctly identify the Appellate Court and note your Trial Court. Ensure that your parties and their roles are correctly identified.

Table of Contents:

• Point headings and subheadings listed; accurate page references.
• Correctly note pages on which each authority is cited

Table/Index of Authorities:

• Divided into sections: cases, constitutional provisions, statutes, and miscellaneous.
• Cases should be in alphabetical order.
• Correct citation format – check the Bluebook

Statement of Jurisdiction:

• Simple statement setting forth the statute, court rule or state constitutional provision which confers appellate jurisdiction over your issue and trial court. Look to your rules of court/state code for this.

Questions Presented:

• Issues of Law only – WATCH HOW YOU PHRASE THESE! Study some briefs if this is unclear.
• Do not retry the case
• Do not raise factual issues.
• Legal Questions should suggest an answer favorable to your client

Statement of Facts:

• Introduces the firsttime reader to the facts of the case.
• No legal argument presented here.
• Nothing unessential.
• Nothing that doesn’t serve a purpose in advocacy:
• Highlight key favorable facts through use of positions of emphasis and strong, active language.
• Deemphasize unfavorable facts by juxtaposing them with favorable facts, burying them midsentence or midparagraph, or using flat, general language
• Convey a tone supporting, not arguing your position

Argument:

• Each major section of the Argument opens with a thesis paragraph
• states the relevant law or legal standard;
• states your position on the error alleged at trial;
• provides a guide to how the argument will unfold.
• Major issue presented first
• Paragraphs open with an assertion or claim about this case, NOT observation or exposition of the law
• Apply the law to the facts -don’t just reiterate the law!!!!
• Show the court why this case should be decided in your favor
• If citing case law, describe the facts of that case to illustrate its relevance
• Argue by analogy or distinction to give concrete examples of how courts have applied the law
• Limit quotations
• Anticipate and counter opposing counsel’s arguments
• Don’t rely solely on the law – your arguments should be logical and fair on their own merits

Conclusion:

• Ask for the specific relief sought

Appendix:

• None for this assignment

GRADING SCALE:

Legal Research (includes issue spotting and phrasing) – 45%

Legal Analysis – 45%

Document Formatting, Legal Citation Skills, Jurisdiction– 10%

Finally, watch plagiarism!!!!

It’s extremely easy, and incredibly tempting to find yourself crossing lines without even thinking about it – especially when reading opinions or briefs online! By this point, we’re familiar with your writing style, your strengths and weaknesses, your rationale and analysis… if you find it on the web, it’s very likely that we’ll find it, as well

• Apply your own analysis
• Correctly cite any other author’s work
• Avoid any and all instances of copy/paste.

Appellate Links:

http://www.appellate.net/articles/gdaplbrf799.asp

http://www.appellate.net/briefs/defaultNew.asp

(Samples for REVIEW ONLY – watch plagiarism)

Okay, have fun with this. You should see a lot of what we’ve covered in the last few months come together here, so as challenging as this is, it should be incredibly gratifying to see how far you’ve come.

The Trial Court’s Misapplication Essay Case Assignment

RUBRIC QUALITY OF RESPONSE NO RESPONSE POOR / UNSATISFACTORY SATISFACTORY GOOD EXCELLENT Content (worth a maximum of 50% of the total points) Zero points:  Student failed to submit the final paper. 20 points out of 50:  The essay illustrates poor understanding of the relevant material by failing to address or incorrectly addressing the relevant content; failing to identify or inaccurately explaining/defining key concepts/ideas; ignoring or incorrectly explaining key points/claims and the reasoning behind them; and/or incorrectly or inappropriately using terminology; and elements of the response are lacking. 30 points out of 50:  The essay illustrates a rudimentary understanding of the relevant material by mentioning but not full explaining the relevant content; identifying some of the key concepts/ideas though failing to fully or accurately explain many of them; using terminology, though sometimes inaccurately or inappropriately; and/or incorporating some key claims/points but failing to explain the reasoning behind them or doing so inaccurately.  Elements of the required response may also be lacking. 40 points out of 50:  The essay illustrates solid understanding of the relevant material by correctly addressing most of the relevant content; identifying and explaining most of the key concepts/ideas; using correct terminology; explaining the reasoning behind most of the key points/claims; and/or where necessary or useful, substantiating some points with accurate examples.  The answer is complete. 50 points:  The essay illustrates exemplary understanding of the relevant material by thoroughly and correctly addressing the relevant content; identifying and explaining all of the key concepts/ideas; using correct terminology explaining the reasoning behind key points/claims and substantiating, as necessary/useful, points with several accurate and illuminating examples.  No aspects of the required answer are missing. Use of Sources (worth a maximum of 20% of the total points). Zero points:  Student failed to include citations and/or references. Or the student failed to submit a final paper. 5 out 20 points:  Sources are seldom cited to support statements and/or format of citations are not recognizable as APA 6th Edition format. There are major errors in the formation of the references and citations. And/or there is a major reliance on highly questionable. The Student fails to provide an adequate synthesis of research collected for the paper. 10 out 20 points:  References to scholarly sources are occasionally given; many statements seem unsubstantiated.  Frequent errors in APA 6th Edition format, leaving the reader confused about the source of the information. There are significant errors of the formation in the references and citations. And/or there is a significant use of highly questionable sources. 15 out 20 points:  Credible Scholarly sources are used effectively support claims and are, for the most part, clear and fairly represented.  APA 6th Edition is used with only a few minor errors.  There are minor errors in reference and/or citations. And/or there is some use of questionable sources. 20 points:  Credible scholarly sources are used to give compelling evidence to support claims and are clearly and fairly represented.  APA 6th Edition format is used accurately and consistently. The student uses above the maximum required references in the development of the assignment. Grammar (worth maximum of 20% of total points) Zero points:  Student failed to submit the final paper. 5 points out of 20:  The paper does not communicate ideas/points clearly due to inappropriate use of terminology and vague language; thoughts and sentences are disjointed or incomprehensible; organization lacking; and/or numerous grammatical, spelling/punctuation errors  10 points out 20:  The paper is often unclear and difficult to follow due to some inappropriate terminology and/or vague language; ideas may be fragmented, wandering and/or repetitive; poor organization; and/or some grammatical, spelling, punctuation errors 15 points out of 20:  The paper is mostly clear as a result of appropriate use of terminology and minimal vagueness; no tangents and no repetition; fairly good organization; almost perfect grammar, spelling, punctuation, and word usage. 20 points:  The paper is clear, concise, and a pleasure to read as a result of appropriate and precise use of terminology; total coherence of thoughts and presentation and logical organization; and the essay is error free. Structure of the Paper (worth 10% of total points) Zero points:  Student failed to submit the final paper. 3 points out of 10: Student needs to develop better formatting skills. The paper omits significant structural elements required for and APA 6th edition paper. Formatting of the paper has major flaws. The paper does not conform to APA 6th edition requirements whatsoever. 5 points out of 10: Appearance of final paper demonstrates the student’s limited ability to format the paper. There are significant errors in formatting and/or the total omission of major components of an APA 6th edition paper. They can include the omission of the cover page, abstract, and page numbers. Additionally the page has major formatting issues with spacing or paragraph formation. Font size might not conform to size requirements.  The student also significantly writes too large or too short of and paper 7 points out of 10: Research paper presents an above-average use of formatting skills. The paper has slight errors within the paper. This can include small errors or omissions with the cover page, abstract, page number, and headers. There could be also slight formatting issues with the document spacing or the font Additionally the paper might slightly exceed or undershoot the specific number of required written pages for the assignment. 10 points: Student provides a high-caliber, formatted paper. This includes an APA 6th edition cover page, abstract, page number, headers and is double spaced in 12’ Times Roman Font. Additionally, the paper conforms to the specific number of required written pages and neither goes over or under the specified length of the paper.
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