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Any suggestion's on take home exam question?

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Question - (2 December 2007) 7 Answers - (Newest, 19 December 2007)
A female United States age 41-50, *hwoesme writes:

Working on a take home exam and for the life of me I dont know how to put into word's in essay form the difference between a case brief and a appellet brief.. I know appellet briefs are extensive.. much more extensive than case briefs... any suggestion's on key point's or differences I should put in this essay without writing a book?.. I am not briefing a case.. I am explaining the difference in the 2 types of brief's... don't worry I won't sue for suggestion's.. I am only a paralegal student//obviously dont have the money to sue anyone at this point...lol...

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A female reader, ohwoesme United States +, writes (19 December 2007):

ohwoesme is verified as being by the original poster of the question

I got a B on the exam .... Thanks for the suggestions!

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A female reader, ohwoesme United States +, writes (5 December 2007):

ohwoesme is verified as being by the original poster of the question

I understand exactly what you are saying. In an appellet brief you obviously are arguing your client's side and must be prepared to respond to defense counsil...normally in criminal matter's, which they area I am doing my internship in...the defense must have strong appeal's and as prosecution you must be prepared again, just as prepared if not more so on appeal....now it is a question of a error of law.

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A reader, anonymous, writes (4 December 2007):

In an appellate brief, you "must charge in with your argument" primarily. An attorney is an advocate for a position/client, but must know the other side's argument and be prepared to respond to it. On appeal, depending on which side you're on, you may only get one brief to submit, so you have to anticipate the other side's response and deal with it upfront in your brief, if one shot is all you get. As a paralegal, you have to prepare your attorney for both sides of the argument, and a thorough case brief will do that.

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A female reader, Yabbiyum United States +, writes (3 December 2007):

They want you to explain the differences and similarities, so try the approach that you are explaining it to a friend or relative who needs to understand the difference. I'm sure you've explained detailed things before. Start with a 2-sided list where you just write down the differences and similarities. Then write the essay as if you are speaking to someone you know. This will give you a 'rough draft' which you can clean up into more formal language. Good luck!

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A female reader, ohwoesme United States +, writes (3 December 2007):

ohwoesme is verified as being by the original poster of the question

Thankyou. Both suggestion's helped. I was just having trouble trying to put what I know the differnce is in my head into word's..it can be a struggle..between..aticulatiog what you know or think you know..again. So I went wtih defining clearly how they appellett brief is more argumetative than they case brief..case brief is for your eyes or your bosses for reference and appellett brief is to be presented..In a proffessinal's opinion, obviously your arguing your side, someone made a suggestion to me that you should never charge in with your argument without appearing to have some kind of recognition of defense council's counter..even though you are not open and are arguing opposite..should your appeal appear to have some balance..I mean I am not going to be an attorney, but can't wait to work for one and I just want to make sure I learn how to brief correctly...he/she will be arguing they issue(s) anyway but...

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A reader, anonymous, writes (3 December 2007):

I'm a lawyer in CA. If I understand your question correctly, a case brief may be simply an extensive memo that briefs all the facts, procedural and substantive, on a case and includes either recommendations on the issues presented, or summarizes the issues on both sides of the case. An appellant brief is something more argumentative, submitted in support of one side or another on appeal, takes a definitive stand trying to convince the appellate court to rule in its favor, on the issues presented on appeal. Hope this helps, and good luck.

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A female reader, sweetlaura2008 United Kingdom +, writes (3 December 2007):

sweetlaura2008 agony auntMy advice is look in many books but make you photo copy them or internets view on the differences and smimilarites and meanings of them both and highlight that main points which you think are relevant to your essay, if you look at each sentence of the new paragraph then you should be able to work out what that passage means without having to read a whole section and get nothing out its just another to proof read. After you have got the information you need out of the internet or books reference and say where you got the quotes from and at the end of your essay do a bibliography to give more information about where you got it from. Plus dont worry referencing and bibliography is not added to the word count limit you have to write your essay in.

Any more problems or concerns let me no and ill be willing to help.

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