Precedents and Instructional Materials
(Note: by no means are these examples of
“perfect” written submissions.
Far from it. D. Stratas would
make changes to these today. For example, most of these factums could be
shorter and still accomplish their purposes. These are some techniques in them
that work well. During the course we will discuss these. They materials are included here for instructional
purposes only.)
1.
Factum overview sample #1
Factum overview sample #2 (Thanks to Justice John Laskin for the examples)
Strong overviews can also be found here and here.
2. Sample Moving Party’s
Factum (Motion) 2a. Sample Appellant’s
Factum: Application for Leave to Appeal 3. Sample Respondent’s
Factum: Application for Leave to Appeal 4. Sample
Factums: The Merits – A B C D 5. Sample Factum: an example of high
synthesis and high compression 5A. Factums that use many advanced writing techniques (strong verbs, paralellism, varying sentence lengths, juxtaposition): here and here. 6. Sample Appellant’s
Factum: Development of the Facts 7. Sample Respondent’s
Introduction 8. Winning the “Battle of
Controlling Ideas” 9. Compressing an Argument:
Making the Point Quickly 10. Lists 11. Coherence 12. Block Quotations 14. Dealing with Fuzzy Authorities 15. Dealing with
Mischaracterizations 16. Dealing with the Lying
Adversary 17. Dealing with the Confused
Adversary