Appellate Brief
Assume you are employed by either a state prosecutor’s office or a plaintiff’s law firm. After presenting your case to a jury, the trial judge dismisses the case for the failure to allege a crime in the case of criminal matter or a cause of action in the case of a civil action.
Draft an appellate brief seeking reversal of the trial court’s ruling arguing that you have proved the elements of your crime or cause of action.
The brief should include at least five authorities (case citations). Provide the cited authorities.
Use the below scenario as if it went to trial and judge dismissed the case.
The client has been married for ten years. The client did not believe there were any problems in the marriage. However, last week, the client’s spouse informed the client that the spouse was leaving the client and marrying a close friend of the client. Apparently, the client’s spouse and the friend have been involved for more than one year. The client was informed of a cause of action for “alienation of affection” or an action pursuant to the “heart balm” statute.
The attorney is unaware of this type of action. The attorney asks you to review the secondary sources and provide an article regarding this possible cause of action. The attorney would like you to focus on the law of your state (Florida). However, if there is not article from your state, you should an article from one of the national publications.
Does not need to be as extensive as the sample, need the following sections:
Statement of Case
Questions Presented
Statement of Facts
Arguments
Conclusion
