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". . . See Erie.": Critical Study Of Legal Authority, Kris Franklin
". . . See Erie.": Critical Study Of Legal Authority, Kris Franklin
University of Arkansas at Little Rock Law Review
Good citation requires critical analysis because well-supposed legal analysis requires a layered understanding of how legal authority may be used in different ways. Simultaneously, it demands good judgment in making the best decisions about how to introduce and employ the relevant cases on a particular case. Teaching how to cite legal authorities includes framing because all legal authorities are potential tools for argument. In deciding whether and how to deploy cases, statutes, and other forms of legal authority, advocates must resolve two interrelated questions in rapid sequence:
1. Can I frame or characterize the authority in question in a particular …
Putting It All Together: Law Schools' Role In Improving Appellate Practice, Stella J. Phillips
Putting It All Together: Law Schools' Role In Improving Appellate Practice, Stella J. Phillips
University of Arkansas at Little Rock Law Review
Lawyers make four critical mistakes in current appellate practice. First, many appellants' lawyers do not seem to understand that only some orders may be appealed. Second, appellants often lose their appeals because of the issues about which they argue have not been preserved in the lower court for appellate review. Third, many appellants are unsuccessful because they frame their argument without reference to the appropriate standard of review. Finally, the pressure of client’s expectations and filing deadlines often leads lawyers to become careless when preparing their briefs.
Appellants must know and adhere to court rules about the content, composition, and …