Appellate Argument Observation Opportunities
        In this class, you will research and write an appellate brief to the United States Court of Appeals.  You will engage in an intense research and writing experience involving original research, multiple drafts, peer editing, and oral argument.  Toward the end of the semester, each student will make a final oral argument before a panel of three judges.  We will try to videotape both the practice and the final oral arguments.  This class satisfies the prerequisite necessary for enrollment in the Second-Year Moot-Court Competition in the spring semester.
        Much of this class will be conducted through individual student appointments.  Class will be cancelled several times during the semester to allow time for these appointments.  Each student will meet with me a minimum of three times during the semester.  If at any time you would like an additional meeting, please contact me by e-mail or telephone (797-9735) to arrange a mutually convenient time.
Outline Appointment Schedule
1st Draft Appointment Schedule
2nd Draft Appointment Schedule
Oral Argument Schedule

  Grading & Extra Credit

        Your grade in this course will be based primarily upon the final draft of your appellate brief.  All drafts are due in my box in the faculty mailroom no later than 10:00am on the due date.  If you have reason to request an extension of time, please don't hesitate contacting me before the deadline.  If that is not possible, please contact me as soon thereafter as reasonably possible.  Extensions will be granted in cases of serious illness, family illness, out-of-town travel, etc.  Please do not ask for an extension due to computer or printer problems.

        Your final grade will be lowered one point per day of unexcused tardiness.  In other words, if one of your drafts or your final paper is five days late, your final grade will be lowered five points on a 100 point scale.  Remember, your outline and drafts are not being graded, so when a due date arrives it would be best to turn in what you have.  Don't incur late penalties in a quest to perfect your draft.

        Above and beyond the 100 points available for your final appellate brief, there will also be three points of potential extra credit in this class.  Your performance in oral argument, class participation, and peer editing could raise your final point total up to three points.

  Office Hours

As an Adjunct Assistant Professor at the law school, I am not present at the law school on a full-time basis.  I do not, therefore, have regular office hours.  I am available to you by telephone (797-9735) before 9:00pm and e-mail (barton@nt.law.arizona.edu or cactusmouse@earthlink.net) at any time.  I check my e-mail regularly (10 to 15 times a day) and will make every effort to respond to your questions as quickly as possible.  Please do not hesitate contacting me if you have questions or concerns.

  Research Limitations

        This problem has been briefed by attorneys in various jurisdictions.  In your research for this class, you may not use, read, nor refer to any briefs, memoranda, or other materials prepared by others dealing with the topic in actual litigation.  You may, of course, use law review articles, court opinions, encyclopedias, treatises, and other sources that are available in our law library.  Please see me if you have any questions about the permissible scope of your research.

        Do not cite unpublished opinions in your drafts or final brief.  You may refer to the unpublished opinions to help you form arguments and counter-arguments, but you may not cite them to the court.

  Working with others

        Questions occasionally arise regarding the extent to which class members and others may assist you in the writing process.  I encourage you to discuss the problem and analyze the issues with others.  You may research together so long as each student takes an active role in the research process.  You may ask any of the librarians, and especially our assigned librarians (Ms. Sandwell-Weiss for Section 2 and Mr. Avalos for Section 7), for research or citation assistance.  I will also be happy to discuss the problem in class.  You may not, however, work together with anyone other than me in the writing process.  Other than your peer editor, who will read and comment on your second draft, I am the only person who may read or edit your work on this problem.  If any questions arise about these issues, please see me.

  Format & Detail Requirements

        All submissions in this class should be typed, double spaced, and in 13-point font with one-and-a-half inch margins on all four sides of the paper.  Citations should conform as closely as possible to the ALWD Citation Manual.  Include specific page numbers for each citation in all drafts.  Do not give parallel citations for U.S. Supreme Court cases.  Use the United States Reporter (U.S.) citation only, unless that official reporter has not yet been published.

        After you complete your first drafts, we will talk in class about a page limit for your briefs.  I anticipate that it will be possible to write an excellent brief in less than 25 pages.

        Your brief must include the following sections, which will count toward the page limit:
  • statement of the case,
  • summary of argument,
  • argument with argument headings,
  • conclusion.

Your brief must also include the following sections, which will NOT count toward the page limit:
  • cover page,
  • table of contents,
  • questions presented,
  • table of authorities,
  • standard of review.

        The final copy of your brief should be bound at the left margin in a manner that allows the brief to lie flat when open, such as spiral or comb binding.  Please just bind your first and second drafts with a staple in the upper-left-hand corner.  On your outline and drafts, place your name prominently in the upper-right-hand corner of the first page.

        Please follow the examples in your text Legal Writing by Design in deciding other format issues.  Since this case is set in a fictional circuit, there will be no specific circuit rules to follow.

  Appellate Arguments

        Each student is required to attend a minimum of two appellate oral arguments during the course of this semester and write a short paragraph or two about that experience.  The easiest place to catch such an argument is the Arizona Court of Appeals (Division 2) downtown.  A link to the court's website schedule is immediately below this paragraph.  You may also attend arguments before the Arizona Supreme Court when it is here at the College of Law.  You may attend arguments out of town.  I will accept arguments you find on videotape or on Court TV, although it is generally much more fun to watch a live oral argument.  Prior to November 16, 2001 at 10:00 a.m., please turn into my faculty mailbox a one page, typed description of the arguments and your reaction to them.  This reaction paper will not be graded, but late penalties will apply.
Appellate Argument Observation Opportunities


  Course Materials

Required Texts:
  • Teresa J. Reid Rambo & Leanne J. Pflaum, Legal Writing by Design (Carolina Academic Press 2001).
  • Association of Legal Writing Directors & Darby Dickerson, ALWD Citation Manual (Aspen L. & Bus. 2000).
Recommended Texts:
  • Bryan A. Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate Courts (Oxford U. Press).
  • Alan L. Dworsky, The Little Book on Oral Argument (Fred B. Rothman & Co. 1991).
Other Materials:
        A copy of these Other Materials for this semester's problem will be provided the first day of class.  You may also download a copy by clicking on the text links above.  These downloads are in PDF format and will require you to have Adobe Acrobat Reader on your computer.  Adobe Acrobat Reader is FREE software from Adobe.  If you don't already have Acrobat Reader, get your copy here.

        After downloading the reader to your hard drive, it is necessary to install the program by finding the file you downloaded and double-clicking on that file to start the installation.

        After Acrobat Reader is installed, you can print copies of these documents by double clicking on the text links above.  When Acrobat Reader opens the document, be sure to use the "PRINT" command just above the document.  DO NOT try to print the document using the print command on your browser, as this will only give you a blank sheet of paper.

Class Schedules & Assignments


E-mail Professor Barton



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