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Appellate Advocacy   Tags: appellate_advocacy, brief_writing, oral_argument  

This guide is designed to support the Thomas Jefferson School of Law course Appellate Advocacy.
Last Updated: Oct 1, 2011 URL: http://tjsl.libguides.com/appellate_advocacy Print Guide RSS UpdatesShareThis

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Reference

Reference Desk Hours

Mon:11-12, 12:30-2:30, 3-6 pm  

Tue: 12:30–2:30, 3-6pm 

Wed: 10–12, 12:30-2:30, 3-6pm

Thurs:10–12, 12:30-2:30, 3-6pm 

Fri: 9am–12, 12:30-2:30pm

Sat: 10am-1pm; 3:30pm-4:30pm 

Sun: 2-4pm 


Except during the Summer Session

when reference is by appointment

Phone

(619) 961-4351

E-mail

Catherine Deane
Patrick Meyer
Hadas Livnat
Torin Andrews
June Mac Leod

 

Books on Appellate Advocacy Generally

The following are just some titles on the topic in our collection.  Please browse the shelves around the call numbers given below to find additional material.

 

Legal Periodicals

Legal periodicals provide a wealth of sophisticated and detailed legal analysis. Typically, law review or law journal articles address a single topic or subtopic in great depth. If legal scholars have written on your topic, you should take pains to identify those articles. You will likely want to cite to those articles in your paper. Additionally, if you hope to write a publishable article, you will need to differentiate your arguments from arguments that have already been made on the subject.

Here are a few legal periodical titles specific to this area of law. Remember that general interest law reviews may also have published articles on your topic, so it is wise to run searches in the larger combined databases on Westlaw and Lexis to ensure that you do not miss any important articles.

The journal of appellate practice and process     Westlaw  Lexis  Hein  Print

American Journal of Trial Advocacy      Westlaw  Lexis  Hein  Print
    
Journal of Legal Advocacy and Practice    Westlaw Lexis Hein  Print

 

About this Guide

Welcome to TJSL's LibGuide for Appellate Advocacy.   Here you will find information about resources at the TJSL Library that can help you with your coursework, including finding primary and secondary sources, law reviews, journals and websites.

 

Written by Jane Larrington 

 

Primary Law Sources

Primary law governing this area of law includes the federal and state court rules, statutes, and case law. In reviewing the seminal secondary sources, you should have already gathered citations to relevant code and rule sections as well as major case law.  Relevant federal resources are listed below. State court rules, codes, and cases can be located in the California collection and in the state code section on the 2nd floor.

Once you have reviewed those sources, you can use the Library References and Annotations section that often follows an annotated code section, to help you expand your research. Once you have reviewed several of the major cases, use the Headnotes of those cases to identify relevant Digest Topic and Key Numbers and use those to expand your case law research. Additionally, you can run a citator (Shepard’s & KeyCite) report for the cases you have already identified, in order to expand your case law research.  

______________________________
Statutes

United States Code  KF62 .A2

United States Code Annotated  KF62 1927 .W45

United States Code Service  KF62 1972 .L38

______________________________
Cases

United States Supreme Court Reports KF101 .A314

Federal Reporter KF105 .F42

Federal Supplement KF120 .F42

 

Expanding Your Research

Searching ThomCat

Search ThomCat, the TJSL Library catalog at: http://tjefl.iii.com/. You may run a keyword search for a specific subtopic (e.g., brief writing) or use relevant Library of Congress subject headings some of which are listed below to expand your search:
 
Appellate courts
Appellate procedure
Certiorari     
Civil procedure     
Courts of last resort
Criminal procedure     
Oral Pleading
Trial practice
United States Supreme Court

Profile

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Hadas Livnat

Contact Info
Thomas Jefferson School of Law
2121 San Diego Avenue
San Diego, CA 92110
(619) 297-9700 x1100
Send Email
 

Westlaw

Westlaw

Adding the tab called Moot Court (click on Add a Tab on the far right of your Westlaw window, select the middle tab called Add Westlaw Tabs, and find Moot Court) will give you quick access to many of the relevant databases, including secondary and primary sources. Look for texts and treatises, encyclopedias (Am.Jur. or C.J.S.), and law reviews and journals.

Note: Reading someone else’s brief can give you some great ideas for structuring your own, so you should look at Briefs databases for examples of similar arguments or causes of action. Remember, though, that these briefs are only as good as the lawyer who wrote them. Do not use them as a substitute for your own legal research and analysis.

Navigate to the Litigation section of the Directory for access to even more relevant databases. Finally, you can try searching the Directory for relevant terms like “appellate advocacy,” “trial advocacy,” “appellate briefs.” These strategies will also work for locating primary law on Westlaw, including federal appellate cases, Federal Rules of Appellate Procedure, and U.S. and California Supreme Court briefs.

 

Lexis

Lexis

Click on the Research Tasks tab and select Federal Litigation or California Litigation for easy access to many of the relevant databases. Look for treatises, encyclopedias, law reviews and journals, and briefs. You may also click on the Find a Source tab and type in “appellate advocacy” or a similar topic to retrieve materials. These same strategies will work for finding primary law on Lexis, including appellate cases, court rules, and briefs.

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