LibGuides: Political Science: POLS3315 American Constitutional Law: Civil Rights and Civil Liberties (Fall 2022)

Marjory Collins. "New York, New York. Judge J. Roland Sala, appointed to the felony court in Brooklyn. After hearing several cases on the day Tresca was murdered, he held the court, and spoke for ten minutes on the virtues of the man, whom he declared to be his political opponent, and a man holding opposite economic theories from his, but nevertheless great." January 1943. Negative. Library of Congress Prints and Photographs Division.

IRAC Model

Issue

Define the relevant legal issue(s).

Rules

Explain the relevant law(s).

Application/Analysis

Develop legal argument by applying the law(s) to the facts.

Conclusion

“The issue is ___________. The rule is ___________. A court would analyze it as follows: [law applied to the facts]. In conclusion, ___________ will likely prevail.”

How to Write a Brief

A brief is a written argument submitted to the court. Lawyers often prepare briefs which highlight and clarify certain information or provide legal comparisons in an attempt to persuade the courtroom to rule in favor of that lawyer’s client.

How to Draft a Brief

Every standard legal brief has a few basic elements:

An Introduction that articulates the party's claim and introduces the party's theory of the case and the procedural history of the case.
A Table of Authorities (TOA) section that describes all sources of legal authority used in the brief. While it used to be a tedious and time-consuming task to compile a TOA, the Table of Authorities Builder within Thomson Reuters Drafting Assistant software makes it a snap.
A Statement of Facts that sets forth all of the key factual elements a court should use in making its decision. In this section, it's important to use simple, clear, and persuasive language to lay out the facts and procedural elements of the case and avoid using conclusory statements.
An Argument section that sets forth your arguments of law. In this section, you’ll want to address each legal question denoting each one with a different label called a “point heading.” Point headings should be clearly written to parse out the exact legal issue and should generally be limited to a single sentence.
A Conclusion that summarizes the key points of the brief and requests specific relief. You may even want to write this section first to help focus your thoughts. Forcing yourself to think of the whole of the case in concise terms early can help you concisely draft your Argument section.

https://legal.thomsonreuters.com/en/insights/articles/how-to-write-a-legal-brief

Westlaw Campus Research This link opens in a new window
This database includes countless examples of briefs.

How to Debate

Guide to Debating

Debate and the Law: 3 Lessons from Competing in and Judging Debate

by Tiffany Gee Ching Lo (23 February 2022)

12 Things Legal Debaters Should Know

1.  Civil vs. Criminal Law
2.  Burdens of Proof
3.  Divisions of Civil Law
4.  Liability Rules
5.  Types of Damages
6.  Phases of the Legal Process
7.  Plea Bargains and Settlements
8.  Common Law vs. Statutory Law
9.  Administrative Law
10.  Reasons for Punishment
11.  The "Loser Pays" Rule
12.  Hierarchy of Authority

Sides of a Debate

Points of View Reference Center This link opens in a new window
Points of View Reference Center covers hundreds of topics, each with an overview (objective background/description), point (argument) and counterpoint (opposing argument).

Each topic features a Guide to Critical Analysis which helps the reader evaluate the controversy and enhances students’ ability to read critically, develop their own perspective on the issues, and write or debate an effective argument on the topic.
Issues and Controversies This link opens in a new window
Issues & Controversies helps students and researchers understand today’s crucial issues by exploring hundreds of hot topics in politics, government, business, society, education, and popular culture. Presented in a balanced, pro/con format, each article presents the key facts, arguments, history, and current context—an ideal resource for research papers, debate preparation, and persuasive writing assignments.