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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