Law Commons^™

Clearly, Using Intensifiers Is Very Bad--Or Is It?, Lance N. Long, William F. Chistensen

Lance N. Long

Although scholars have generally found that overusing intensifiers (words such as “clearly,” “obviously,” and “very”) negatively affects the persuasiveness or credibility of a legal argument, no one has studied actual appellate briefs to determine whether there is a relationship between intensifier use and the outcome of an appeal. This article describes two empirical studies of appellate briefs, which show that the frequent use of intensifiers in appellate briefs (particularly by an appellant) is usually associated with a statistically significant increase in adverse outcomes for an “offending” party. But--and this was an unexpected result--if an appellate opinion uses a high rate …

Stepping Up To The Podium With Confidence: A Primer For Law Students On Preparing And Delivering An Appellate Oral Argument, James D. Dimitri

James D. Dimitri

Virtually all law students are required to learn oral advocacy skills at some point during their legal education. Typically, these skills are cultivated through at least one oral argument assignment, which often consists of an appellate oral argument that is given as part of the students' first-year legal research and writing course or as part of a moot court competition.

While appellate courts do not grant oral argument as often as they used to, oral advocacy remains a critical skill for law students to learn and cultivate, no matter which facet of law practice they enter upon graduation. Unfortunately, the …