Legal arguments and
briefs
Components of legal arguments
Facts (most important part)
Issues (question under consideration)
Rules (laws, constitution, statute, precedent)
Premises (simple premise, implied premise)
Answer (logical deduction from premises)
Legal arguments and
briefs
Process of building a legal argument
determine the issue
outline the facts (discovery)
research rules and laws
prepare premises by applying facts to issue
draw conclusion
test conclusion (is opposite answer obviously
wrong, are premises clear, is the rule right)
Legal arguments and
briefs
Hints
make sure facts are relevant and logic is
sound or the argument will not stand
get to the point
start sentences with nouns
simplify sentences and write clearly
organize argument along FIRPA framework
Legal briefs
Name of case and parties involved
Procedural posture (where is it?)
FIRPA argument
Disposition (remand, uphold,
overrule,etc.)