Writing Engaging, Realistic, and Balanced Appellate Advocacy Problems

Abstract

Any professor who has been responsible for creating an appellate advocacy problem will agree that it can be very time consuming and perhaps even daunting. The topic for the problem needs to be selected, followed by thorough research to gather relevant authority. But even more importantly, the problem must hold pedagogical value for the students. Specifically, the problem should be engaging and challenging for the students, yet it must also be manageable for them so they don't become frustrated. Moreover, the problem should give the students a realistic portrayal of the appellate process so the students are not surprised when they enter law practice and run into aspects of the appellate process for which their appellate advocacy experience did not prepare them.

This article contains a discussion of methods that are effective for writing an appellate advocacy problem that achieves the pedagogical objectives mentioned above.

Keywords: Legal Writing, Appellate Advocacy, Appellate Brief, Appellate Oral Argument, Problem Preparation