How to Win Appeal Manual - 3rd Edition

Book excerpt: Ralph Adam Fine, a Judge on the Wisconsin Court of Appeals since 1988, reveals how appellate judges, all over the country in state and federal courts, really decide cases, and how you can use that knowledge to win your appeal. In this lucid, step-by-step manual, Judge Fine explains and demonstrates how to write effective and persuasive briefs that will get the appellate judges to want you to win. The How-To-Win Appeal Manual - 3rd Edition will give you a judge's-eye-view of the appellate process: what works and why, what destroys effective advocacy, and how you can better represent your clients on appeal. You cannot afford to take or defend another appeal before you read The How-To-Win Appeal Manual! For the third edition, all of the chapters have been revised and updated, along with the addition of a new chapter on Oral Argument in the Real World. Content Highlights: How Judges Decide Cases (and Why That is Important To You) Too Many Cases - What the Heavy Appellate Caseloads Mean to You (and How You Can Get Your Briefs Noticed) The Brief How to Give the Judges the Tools to Decide Your Way The Keys to Writing an Effective and Persuasive Brief Be Honest and Forthright How to Make the Bad Facts Work for You How to Write a Powerful and Persuasive "Question Presented" How to Pick Your Best Issues (and Why This is Crucial) How to Write a Powerful and Persuasive "Statement of Facts" That Will Make the Court Want You to Win How to Write a Powerful and Persuasive "Summary of Argument" How to Make the Statutes Relevant to Your Case Work For You How to Write a Forceful and Persuasive "Argument" How to Make the "Statement of the Case" Clear The Real Role of the "Conclusion" How the Appendix Can Help You Win Why You Should Always File a Reply Brief If You are the Appellant (and How to Use it to Nail Down Your Win) The Secrets of a Winning Oral Argument "Standards of Review" Dangers and Opportunities: How to Make Them Tools for Victory How to Avoid the "Black Hole of Waiver" Why the Typical Appellate Brief is Suicidal (and What you can do to Avoid Common but Deadly Traps) How to Use Unpublished Decisions Advocacy in the Real World: A Step-by-Step Analysis of Briefs in Two Real Cases ( A Civil Appeal and a Criminal Appeal) Learn What Appellate Judges Like and What They Hate Practice Analyzing Issues to Come up with Winning Themes Practice Honing-in on Your Most Powerful Points (and How to Avoid the Traps that Snare Other Lawyers) Practice Crafting a Winning, Powerful Brief That Judges Will Love to Read