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How-To: Write an Opening/Principle Brief


Background: You've appealled a decision from a US District Court
Problem: You don't know how to draft a federal appellate brief
Solution: You follow this guide for writing an effective federal appellate brief

I. Definitions

Brief
"a written argument concentrating upon legal points and authorities (ie, precedents) used by the lawyer to convey to the court (trial or appellate) the essential facts of his or her client's case, a statement of the questions of law involved, the law that should be applied and the application that he or she desires made of that law by the court. The brief is submitted in connection with an application, motion, trial or appeal.""

II. Legal Citations

Rule 28 Fed. R. App. P. | Briefs
(a) Appellant’s Brief. The appellant’s brief must contain, under appropriate headings and in the order indicated:
(1) a corporate disclosure statement if required by Rule 26.1;

...

(10) the certificate of compliance, if required by Rule 32(g)(1).
(d) References to Parties. In briefs and at oral argument, counsel should minimize use of the terms “appellant” and “appellee.” To make briefs clear, counsel should use the parties’ actual names or the designations used in the lower court or agency proceeding, or such descriptive terms as “the employee,” “the injured person,” “the taxpayer,” “the ship,” “the stevedore.”
28 USC §1291 | Final Decisions of District Courts 28 USC §1292 | Interlocutory Decisions
(a) Except as provided in subsections (c) and (d) of this section, the courts of appeals shall have jurisdiction of appeals from:
(1) Interlocutory orders of the district courts of the United States...
(b) When a district judge, in making in a civil action an order not otherwise appealable under this section, shall be of the opinion that such order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of the litigation, he shall so state in writing in such order. The Court of Appeals which would have jurisdiction of an appeal of such action may thereupon, in its discretion, permit an appeal to be taken from such order, if application is made to it within ten days after the entry of the order: Provided, however, That application for an appeal hereunder shall not stay proceedings in the district court unless the district judge or the Court of Appeals or a judge thereof shall so order.

III. Samples

# Link Comments
1101logoAdobe± Pending | 24-11336 | TBD case. Pro Se Filing | USFLMD | Title VII; Clear Error; Manifest Injustice; Fraud upon the Court...iconPriceTag
1101logoAdobe✓ Reversed & Remanded | 21-11901 | TBD case. Pro Se Filing | USFLND | §1983 Case; Perjury from a Judge...iconPriceTag
1102logoAdobeX Affirmed | 04-02291 | Carnero v Boston; Accounting Fraud; Whistleblower; Addendum Attached;iconPriceTag
1103logoAdobeX Denied | 20-10843 | Woods v Alabama; Prisoner Execution; Lethal Injection; Due Process, Equal Protection,iconPriceTag
1104logoAdobeX Affirmed | 10-11052 | Locke v Shore; Interior Design; Constitutional Challenge; §1983; Due Process; Equal ProtectioniconPriceTag
1105logoAdobe✓ Reversed & Remanded | 18-14934 | Taylor v Polhill; Hearing Aids; State Laws preempted by Federal Laws;iconPriceTag
1106logoAdobe± Possibly Settled | 17-13023 | Coleman v Bobby Dodd; Pregnancy Discrimination; Menopause; ACLU CaseiconPriceTag
1107logoAdobe✓ Remanded | 18-10053 | NAACP v Lagrange; Fair Housing Act; Court Debt Policy;iconPriceTag
1108logoAdobe✓ Reversed & Remanded | 16-10921 | Penaloza v Drummond; Wrongful Death; Colombian Law;iconPriceTag
1109logoAdobe✓ Remanded | 15-15234 | Evans v Georgia Regional Hospital; LGBTQ Case;iconPriceTag
1110logoAdobe✓ Reversed | 17-11589 | Code v Public Resource; Copyright Stuff; Amicus;iconPriceTag
1111logoAdobe✓ Reversed & Remanded | 17-12338 | Stout v Gardendale; School DesegregationiconPriceTag
1112logoAdobeX Affirmed | 19-14267 | Bryant v USA; Amicus Brief; Sentencing Reduction;iconPriceTag
Federal
6th Circuit Court of Appeals
#TypeDescription
0601logoAdobe± Pending | Fedder v CEMS; ADA; Title VII; §1983; Clear Error; Abuse of Discretion; Plausibility; Contrary to Law;iconPriceTag
Federal
1st Circuit Court of Appeals
#TypeDescription
0101logoAdobeX Affirmed | Carnero v Boston; Accounting Fraud; Whistleblower; Addendum Attached;iconPriceTag


IV. Templates

# Link Comments
1iconMSWordUSFLMD Version | Replace all placeholder tags (eg "[plfName]" becomes "John Doe").iconPriceTag


V. Quick Commentary

VI. Additional Resources

VII. Conclusion

Use the templates and samples to write an effective Opening Brief at the 11th Circuit Court of Appeals (US).

...POINTS & THINGS...

Congratulations! You're now booked up on how to write an Opening Brief at the 11th Circuit Court of Appeals!

Please get the justice you deserve.

Sincerely,



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Pages That You
Might Also Like
Handbook: 11th Circuit's Pro Se Handbook
How-To: Corporate Disclosures How-To: Forma Pauperis How-To: Notice of Appeal How-To: Oral Argument
List: Standards of Review
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TBD Marketplace™

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Buy™

buy real-live sample court documents/templates

– for free! (ie, with Book Points™)

Sell™

sell your court documents/templates

(earn 1,000 Book Points™ per file)

Shop™ Now

enter the TBD Marketplace™

to help your fellow man/woman

get the justice that he/she deserves!

Buy™Sell™Shop™
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