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CHAPTER 15. Writing to the Court. The Bluebook Rule 3.2 – Pinpoint Citations. Directs the reader to the exact page that the cite information can be found Example: Roe v. Wade 410 U.S. 113, 121 (1973). 121 represents the exact page that a cited quotation is located - PowerPoint PPT Presentation
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CHAPTER 15CHAPTER 15
Writing to the CourtWriting to the Court
The BluebookThe BluebookRule 3.2 – Pinpoint CitationsRule 3.2 – Pinpoint Citations
Directs the reader to the exact page that Directs the reader to the exact page that the cite information can be foundthe cite information can be found
Example: Example: Roe v. Wade Roe v. Wade 410 U.S. 113, 121 (1973).410 U.S. 113, 121 (1973). 121 represents the exact page that a cited 121 represents the exact page that a cited
quotation is locatedquotation is located
Rule 3.2 addresses pinpoint citations Rule 3.2 addresses pinpoint citations regarding books, review articles , and regarding books, review articles , and moremore
Rules of CourtRules of Court
Any documents filed with a court Any documents filed with a court must comply with that court’s must comply with that court’s particular rulesparticular rules FormForm ContentContent ConstructionConstruction
a/k/a: Local rules of courta/k/a: Local rules of court
The Memorandum of Points The Memorandum of Points and Authoritiesand Authorities
Document filed with the court analyzing Document filed with the court analyzing disputed issues in a pending casedisputed issues in a pending case
Often used to support or oppose a Often used to support or oppose a motionmotion
Frequently referred to as “P and A’s”Frequently referred to as “P and A’s”
The Memorandum of Points The Memorandum of Points and Authoritiesand Authorities
FormatFormat Case captionCase caption Table of contentsTable of contents Table of authoritiesTable of authorities
Case lawCase law Statutory law and constitutional provisionsStatutory law and constitutional provisions Secondary sourcesSecondary sources
Statement of factsStatement of facts Facts supported by the court recordFacts supported by the court record AffidavitsAffidavits Declarations Declarations
The Memorandum of Points The Memorandum of Points and Authoritiesand Authorities
GeneralGeneral FormatFormat IssuesIssues
ArgumentsArguments
ConclusionsConclusions
Signature (Attorney’s)Signature (Attorney’s)
Declarations Declarations
Written statements made by persons Written statements made by persons with actual first-hand knowledge of with actual first-hand knowledge of the factsthe facts
Often reads like a narrative of the Often reads like a narrative of the eventsevents
Made under penalty of perjuryMade under penalty of perjury
Affidavits Affidavits
Similar to declarationsSimilar to declarations
-except--except-
Sworn to before a notarySworn to before a notary
Trial and Arbitration BriefsTrial and Arbitration Briefs
Filed with the court or arbitratorFiled with the court or arbitrator Establishes legal support for a Establishes legal support for a
party’s claims or defensesparty’s claims or defenses Presents legal arguments regarding Presents legal arguments regarding
evidentiary issues that may arise at evidentiary issues that may arise at trial or hearingtrial or hearing
May be used to support jury May be used to support jury instructions at trial courtinstructions at trial court
Appellate BriefsAppellate Briefs
Required to be filed in appealsRequired to be filed in appeals Required of both the petitioner and Required of both the petitioner and
respondentrespondent Petitioner must address legal errors Petitioner must address legal errors
committed by the trialcommitted by the trial Respondent answers and rebuts the Respondent answers and rebuts the
petitioner’s briefpetitioner’s brief
Appellate BriefsAppellate Briefs
Petitioner’s and respondent’s briefs must Petitioner’s and respondent’s briefs must refer directly to:refer directly to: Clerk’s and Reporter’s TranscriptsClerk’s and Reporter’s Transcripts
Clerk’s Transcript: Copies of all Clerk’s Transcript: Copies of all documents filed in the casedocuments filed in the case
Reporter’s Transcript: Verbatim record of Reporter’s Transcript: Verbatim record of the oral proceedings in the casethe oral proceedings in the case