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Beware This All-Too-Common Pitfall of the Appellate Brief.

  • Published In: Appellate Practice Journal, 2024, v. 43, n. 2. P. 17 1 of 3

  • Database: Academic Search Ultimate 2 of 3

  • Authored By: Havemann, William Ernest 3 of 3

Abstract

This article, titled "Beware This All-Too-Common Pitfall of the Appellate Brief," discusses the use of acrimonious language in appellate briefs and its potential negative impact on the outcome of a case. The author argues that using inflammatory language, such as calling an adversary's position "preposterous" or "absurd," can be grammatically unsound and damaging to the party's legal argument. The article emphasizes the importance of avoiding overheated language in appellate briefs, as judges value civility and may view such language as ad hominem attacks. The author suggests that appellate advocates should rely on persuasive legal arguments rather than resorting to adjectives and adverbs. [Extracted from the article]

Additional Information

  • Source:Appellate Practice Journal. 2024/04, Vol. 43, Issue 2, p17
  • Document Type:Article
  • Subject Area:Religion and Philosophy
  • Publication Date:2024
  • ISSN:1937-2965
  • Accession Number:176852038
  • Copyright Statement:Copyright of Appellate Practice Journal is the property of American Bar Association and its content may not be copied or emailed to multiple sites without the copyright holder's express written permission. Additionally, content may not be used with any artificial intelligence tools or machine learning technologies. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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