Question 1

The appellate brief&#10;A) must follow any applicable rules of appellate procedure&#10;B) must follow any applicable local rules&#10;C) is unimportant to the decision of the appellate court&#10;D) all of the above&#10;E) a and b

Accepted Answer

The appellate brief must follow any applicable rules of appellate procedure and any applicable local rules. It is also an important part of the decision-making process for the appellate court. Therefore, the best choice is E.

Question 2

The appellate brief&#10;A) is an oral statement of a party&#10;B) is submitted to an appellate court&#10;C) is designed to persuade the appellate court of the correctness of one's position&#10;D) b and c&#10;E) a, b, and c

Accepted Answer

An appellate brief is a written document that is submitted to an appellate court and is designed to persuade the appellate court of the correctness of one's position. It is not an oral statement of a party.

Question 3

The following are parts of the appellate brief required by Rule 28 of the Federal Rules of Appellate Procedure:&#10;A) a table of contents and a table of authorities cited&#10;B) a statement of subject matter jurisdiction and a statement of appellate jurisdiction&#10;C) statements of the issues, the case, and the facts&#10;D) an argument and a conclusion&#10;E) all of the above

Accepted Answer

All of the choices listed are required parts of the appellate brief under Rule 28 of the Federal Rules of Appellate Procedure. The table of contents and table of authorities cited help the court navigate the brief and locate relevant legal authority. The statements of subject matter and appellate jurisdiction establish the court's authority to hear the case on appeal. The statements of the issues, case, and facts provide an overview of the arguments and background of the case. Finally, the argument and conclusion sections provide the opportunity to present and summarize the legal arguments made in the brief.

Question 4

The tone of the appellate brief is&#10;A) objective&#10;B) persuasive&#10;C) descriptive&#10;D) plaintive

Accepted Answer

An appellate brief is meant to persuade the appellate court to rule in favor of the appellant, and therefore, it is written in a persuasive tone. The brief presents arguments and evidence to support the appellant's position and convince the court to reverse the lower court's decision. The brief may also use emotional language, but its main goal is to persuade the court.

Question 5

The appellate court&#10;A) applies a different standard of review, depending on whether the court is reviewing a finding of fact, a ruling of law, or a ruling on a question involving fact and law&#10;B) is bound to follow the trial court's finding of fact unless a jury finding was unreasonable or a trial judge's finding was erroneous&#10;C) is free to reach a ruling different from that of the trial court on a question of law or a question involving fact and law&#10;D) all of the above&#10;E) b and c

Accepted Answer

The appellate court applies different standards of review based on the nature of the issue (fact, law, or both), is bound by the trial court's findings of fact unless they are unreasonable or erroneous, and can reach different conclusions on questions of law or mixed questions of fact and law.

Deck 14: Appellate Brief