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Develop the Argument: Part 1

Develop the Argument: Part 1

Develop the Argument: Part 1

Question Description

Instructions

The argument section of the Trial Brief is the most important section. This is where you analyze the law that supports your client’s position and describe why and how the law supports the position of your client.

During Part 1 of the argument section, you will focus on primary custody of the children, parental responsibility, timesharing with the children, and child support.

When presenting the cases and statutes to make your argument, make sure the favorable cases and statutes stand out and discuss how they apply to your client’s case. You should also include the unfavorable cases and statutes showing why they are different and how they should not apply to your client’s case.

Do not just summarize your cases and statutes. Using the IRAC approach, analyze and apply them to your client’s case so the judge will see how the cases should be used to rule in your client’s favor.

Additionally, remember to use the feedback you received on your previous submission, spend time making improvements to your overall course project.

Format

  1. You will divide your argument into sections.

    1. Each section must have its own header.

      1. You can use Roman numerals or other identifying numbering.
      2. You may center the header on the page or left justify it.
      3. The Trial Brief is a persuasive document; attempt to make even your headers persuasive.
      4. If you need to, you can also use subheadings; these usually use capital letters of the alphabet for identification.
  2. Your citations should also appear in the body of the Trial Brief. Use The Bluebook method of citation.
  3. Never use first person when writing.
  4. Focus on the parties, referring to them by name or using their titles, such as husband or wife.

Resources

For assistance in completing a Trial Brief, refer to the FAQ

For citation and reference assistance, refer to Bluebooking using the Indigo Book

For assistance using the IRAC method, refer to this FAQ

Submit your completed assignment by following the directions linked below. Please check the Course Calendar for specific due dates.

Save your assignment as a Microsoft Word document. (Mac users, please remember to append the “.docx” extension to the filename.) The name of the file should be your first initial and last name, followed by an underscore and the name of the assignment, and an underscore and the date. An example is shown below:

Jstudent_exampleproblem_101504

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