Mix - Keep It Brief - REVISED

Video #1 - Getting Started on Your Brief Research

1.0x

Mix - Keep It Brief - REVISED

Created 3 years ago

Duration 0:16:40
lesson view count 37
Video #1 - Getting Started on Your Brief Research
Select the file type you wish to download
Slide Content
  1. Keep It Brief!

    Slide 1 - Keep It Brief!

    • Video #1 – Spring 2015
    • Starting your brief
  2. Hi!  I am Melissa Gorsline.  I am the LexisNexis Account Executive for the University of Pennsylvania Law School, Drexel University School of Law and Rutgers School of Law-Camden

    Slide 2 - Hi! I am Melissa Gorsline. I am the LexisNexis Account Executive for the University of Pennsylvania Law School, Drexel University School of Law and Rutgers School of Law-Camden

    • 2
    • Introduction
  3. Oh yes…and that’s ME!

    Slide 3 - Oh yes…and that’s ME!

    • 3
    • Intro (cont.)
  4. Welcome to the first of three videos called “Keep It Brief”

    Slide 4 - Welcome to the first of three videos called “Keep It Brief”

    • In each of these videos we will give you three quick tips to help you effectively and efficiently research the issues for your brief this semester
    • After reviewing all three videos you will have learned the skills you need to feel confident that you have thoroughly and accurately researched the legal issues you need to address in your brief
    • 4
    • What to Expect
  5. In today’s video, we will focus on how to get started researching the legal issues in your brief

    Slide 5 - In today’s video, we will focus on how to get started researching the legal issues in your brief

    • We will address the following 3 tips:
    • A key secondary source to help you better understand appellate writing, oral argument and the appellate process generally;
    • Using the record provided and getting started with your research using Lexis Advance’s exclusive feature called Topic Summaries
    • Using the Table of Authorities within Shepard’s to support and/or attack cases cited by the court or your opposing counsel
    • 5
    • Video #1 – Getting Started
  6. Before you dive into your appellate brief research it is important that you have an understanding of the following things:

    Slide 6 - Before you dive into your appellate brief research it is important that you have an understanding of the following things:

    • Appellate process
    • Function of the appellate brief
    • Format
    • Audience
    • Objective
    • 6
    • Tip #1 – The Art of Advocacy
  7. On Lexis Advance, you will find a secondary source called the “Art of Advocacy”

    Slide 7 - On Lexis Advance, you will find a secondary source called the “Art of Advocacy”

    • Step-by-step practical guidance on writing an appellate brief and presenting at oral argument
    • The Art of Advocacy is a go-to resource for most appellate brief questions
    • It will help supplement and/or clarify what you are learning in class about appellate advocacy
    • 7
    • The Art of Advocacy (cont.)
  8. Slide 8

    • 8
  9. Which current SCOTUS Justice was Justice Ruth Bader Ginsburg referring to when she said this person was the “best advocate to come before the Supreme Court”?

    Slide 9 - Which current SCOTUS Justice was Justice Ruth Bader Ginsburg referring to when she said this person was the “best advocate to come before the Supreme Court”?

    • Justice Kagan
    • Justice Alito
    • Justice Sotomayor
    • Chief Justice Roberts
    • 9
    • Sidebar #1
  10. And the answer is…Chief Justice Roberts!

    Slide 10 - And the answer is…Chief Justice Roberts!

    • 10
    • Sidebar Answer
  11. In practice, you will be intimately familiar with the issues on appeal as you most likely will have been involved in the case since its inception

    Slide 11 - In practice, you will be intimately familiar with the issues on appeal as you most likely will have been involved in the case since its inception

    • In your law school simulation, the legal issues will probably be brand new and the research needed more sophisticated than the research you conducted in the fall
    • So, how do you begin?
    • 11
    • Tip #2 – Topic Summaries
  12. Start with what you has been given to you by your professor.  For your appellate briefs you will receive what is called the “record”

    Slide 12 - Start with what you has been given to you by your professor. For your appellate briefs you will receive what is called the “record”

    • The appellate record may include:
    • The lower court’s opinion and/or court order
    • Deposition transcripts
    • Underlying pleadings, motions, documents produced in discovery and exhibits
    • 12
    • Tip #2 – Topic Summaries (cont.)
  13. Easy place to start – the trial court’s opinion or court order

    Slide 13 - Easy place to start – the trial court’s opinion or court order

    • Pull it; read it and become intimately familiar with the cases cited, the lower court’s analysis and reasoning
    • Important because depending on your legal position you are either seeking to support the lower court’s decision or attempting to find errors in the decision
    • 13
    • Tip #2 – Topic Summaries (cont.)
  14. For today’s video, let’s assume the lower court relied heavily on a case called Farmer v. Brennan, 511 US 825

    Slide 14 - For today’s video, let’s assume the lower court relied heavily on a case called Farmer v. Brennan, 511 US 825

    • The plaintiff, a prisoner, filed a civil rights claim against a prison and its officials for allegedly violating his Eighth Amendment right to be free from cruel and unusual punishment pursuant to 42 USC 1983
    • Let’s pull the case
    • 14
    • Tip #2 – Topic Summaries (cont.)
  15. Slide 15

    • 15
  16. Which SCOTUS Justice said that a good brief should be written like the television series “24”?

    Slide 16 - Which SCOTUS Justice said that a good brief should be written like the television series “24”?

    • Answer: Justice Thomas
    • 16
    • Sidebar #2
  17. Today’s third tip focuses on the Table Authorities feature within Shepard’s

    Slide 17 - Today’s third tip focuses on the Table Authorities feature within Shepard’s

    • It is a tool that will help you fully understand the strength and/or weaknesses of your cases
    • Time to shepardize Farmer
    • 17
    • Tip #3 – Table of Authorities/Shepard’s
  18. Slide 18

    • 18
  19.  The “Art of Advocacy” is a great secondary source to help you fully understand the appellate process and includes a ton of practical advice on the do’s and don’ts of appellate brief writing (as well as oral argument).  It also provides fantastic checklists to make sure you stay on track!

    Slide 19 - The “Art of Advocacy” is a great secondary source to help you fully understand the appellate process and includes a ton of practical advice on the do’s and don’ts of appellate brief writing (as well as oral argument). It also provides fantastic checklists to make sure you stay on track!

    • Topic Summaries – use what has been given to you and build off of those cases. Topic summaries are an exclusive tool on Lexis Advance. Each summary is packed with helpful information related to your legal issues and will give you a great jumpstart on your research.
    • Table of Authorities within Shepard’s. No other citator compares. The TOA feature allows you to assess the strength and weaknesses of your cases, the cases the lower court relied upon and/or the cases cited by opposing counsel. A house cannot stand on a weak foundation and neither can your cases. Using the Table of Authorities will help you determine the strength of your cases and make your arguments more persuasive AND help you anticipate your opponent’s counter arguments!
    • 19
    • Recap
  20. Thank you for reviewing Video #1 in our Keep It Brief video series!  I hope these three tips will help you get a nice jumpstart on your research.

    Slide 20 - Thank you for reviewing Video #1 in our Keep It Brief video series! I hope these three tips will help you get a nice jumpstart on your research.

    • Stay tuned for Video #2 in our Keep It Brief series!
    • Don’t forget to complete the quiz at the end of this video and you will receive 200 points!
    • If you review all 3 videos and complete the quizzes at the end of these videos you will receive an additional 200 points.
    • If you have any questions about this video or need any assistance please send me an email at melissa.gorsline@lexisnexis.com or call me at 609-969-1826.
    • Happy Researching!
    • 20
    • Closing
  21. Explain two reasons why you should use the Table of Authorities within the Shepard’s report?

    Slide 21 - Explain two reasons why you should use the Table of Authorities within the Shepard’s report?

    • Topic Summaries is an exclusive tool on Lexis Advance. Name three things that a Topic Summary can provide a researcher.
    • Which SCOTUS Justice is responsible for bringing in the first frozen yogurt machine into the high court?
    • 21
    • Quiz – Lexis Rewards Points