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WRITING THE STATEMENT OF THE CASE IN AN APPELLATE …

1 WRITING THE STATEMENT OF THE CASE IN AN APPELLATE BRIEF1 2020 The WRITING Center at All rights reserved. Every component of an APPELLATE brief is an opportunity to persuade the reader, and the STATEMENT of the Case is no exception. The STATEMENT of the Case (sometimes called the STATEMENT of Facts ) should convey to the reader a persuasive narrative about the factual scenario surrounding the legal action. Crafting this narrative in a brief requires a somewhat different approach than in a memo. Unlike a legal memo, in which the reader will expect an objective recounting of the factual background, an APPELLATE brief will typically seek to present the facts in a way that is advantageous to the client.

Case (often through writing the Argument portion of the brief), you can then begin editing the Statement of the Case to reflect that theory and your overall persuasive narrative. • Utilize the Statement of the Case to shape the reader’s opinion of the “correct” outcome.

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