Deck 14: Appellate Brief

Question 1

The appellate brief

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

Answer 1

E

Question 2

The appellate brief

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

Answer 2

D

Question 3

The following are parts of the appellate brief required by Rule 28 of the Federal Rules of Appellate Procedure:

A) a table of contents and a table of authorities cited
B) a statement of subject matter jurisdiction and a statement of appellate jurisdiction
C) statements of the issues, the case, and the facts
D) an argument and a conclusion
E) all of the above

Answer 3

E

Question 4

The tone of the appellate brief is

A) objective
B) persuasive
C) descriptive
D) plaintive

Question 5

The appellate court

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
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
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
D) all of the above
E) b and c