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243 sec. 2 - Appellate Advocacy (Fall 2014)

Instructor: Paul D. Fogel  (view instructor's teaching evaluations | profile)
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Units: 3
Meeting Time: W 6:25-9:05
Meeting Location: 134

Course Start: August 27, 2014
Course Control Number (Non-1Ls): 49634


Appellate Advocacy is designed to further develop the skills learned in Written and Oral Advocacy - writing and presenting oral argument. Lectures, discussions and readings will focus on (1) legal analysis and reasoning, (2) the appellate doctrines that often determine the outcome of appeals, and (3) the institutional policies and procedures of appellate courts.

The aim of Appellate Advocacy is to provide students an experience closely comparable to appellate practice. Students will write a full brief from a shortened record of a case pending in the California Supreme Court or United States Supreme Court. Students will also prepare, practice and deliver a full oral argument. Students will receive advice and guidance from Berkeley Law Student-Advisors (3Ls) and Practitioner-Advisors who are among the best appellate practitioners in the Bay Area.

NOTE: Because the class focuses on appellate practice rather than theory, there will be relatively little instruction on appellate procedure principles that govern the day-to-day disposition of appeals. Such principles will be discussed, if at all, in the context of the students' preparation of their briefs and presentation of oral argument.

Enrollment is limited to fifteen students for this section. The course is graded, with the brief counting as 75% of the grade and oral argument as 25% of the grade. The grade awarded will also reflect the quality and timeliness of interim assignments.

Because this class requires efforts on the part of so many parties - including Student-Advisors, Practitioner-Advisors, judges, and opposing counsel - no student will be permitted to drop the class after the first week of instruction.

Appellate Advocacy is strongly recommended for all students participating in outside appellate competitions. Appellate Advocacy will NOT be offered in the Spring Semester.

This course may satisfy the Writing Requirement.

This course satisfies the Skills Requirement.

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Exam Notes: P
Course Category: Advocacy Skills Courses

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