COURSE DESCRIPTION 2012 2013

Appellate Practice and Advocacy

Hon. John Greaney (Ret.),

3 credits day; 3 credits evening. "The course teaches, at an advanced level, the skills required of an appellate practitioner. We work with a hypothetical appellate case record that raises complex issues of state and federal law. Each student partners with a colleague to form "a firm" representing the appellant(s) or appellee(s). Each firm prepares a fifty-page appellate brief and orally argues the appeal to a three judge appeals court in the John Adams Courthouse. Students are graded on the quality of the brief and oral argument. There is no written exam. Classes consist of lectures, discussion and the viewing of oral arguments at the Supreme Judicial Court. Students also read the book "Gideon's Trumpet" and participate in a book discussion in class. The brief writing requirement may be used (at the student's option) to satisfy the Law School's legal writing requirement." This seminar type course will focus on appellate practice (rules) and advocacy (persuasion, both written and oral). We shall examine pre-appeal preservation of rights and record preparation. We shall then proceed to the core of the appeal - the brief and oral argument. Students will be paired into teams and will write an appellate brief based on an abbreviated record. Briefs for those who wish to satisfy the Legal Writing Requirement will be 50 pages in length (25 pages per student). Briefs for those who choose not to satisfy the Legal Writing Requirement will be 30 pages in length (15 pages per student). Students will have a choice of a civil or criminal appeal. Short additional writing assignments may be given. Each team will argue their brief before a 3 judge panel. These will be extensive critiques of the briefs and oral arguments. I will also describe what occurs "behind the scenes" at an appellate court, how appeals get decided, and how opinions get written, based on my 30 years of experience as an appellate justice.

Enrollment is limited: 24

Elective Course

Meets Skills Menu Requirement

Meets Civil Litigation Concentration Requirements

May Fulfill Legal Writing Requirement

Final Paper Required