This is the argument section for an appellate brief in law school. The issue at hand is that of what constitutes in-custody under Kentucky Law. The word count should be around 2500 words. The paper must be in Bluebook form citation (which is normal for legal writing). The paper must follow the CREAC formula.
C- Conclusion (state the idea behind what this paragraph is trying to prove or what outcome it wants)
R- Rule (rules that govern the certain issue in our jurisdiction that will be brought up in court)
E- Explanation (explain the rule of law through cases and facts of cases that use the rules and give the rules)
A- Analysis or Application (apply the rule and the cases and facts of cases that were found through research to the facts of our own case and why this applies and why we should get the outcome we are looking for)
C- Conclusion
This is an argumentative paper and I am arguing for the appellant which is the Commonwealth (state) of Kentucky here.
I will upload the research materials for which I have done that give you cases to go off of and citations to use and the facts surrounding our case and the issue and questions for which we want to get an outcome.
Here’s how this section will be graded:
1. The effectiveness of the roadmap (umbrella section)
2. If the section follows the CREAC style for the paragraphs
3. Uses clear and accurate topic sentences to organize analysis by rule (rather than by case).
4. Paragraphs are unified and of appropriate length.
5. Uses transitions/connector words to help the reader follow the argument.
6. Subheadings are persuasive and provide an outline of the argument.
7. Correct Bluebook citation
The roadmap section begins the argument section and it gives a conclusion of why the previous court’s ruling was wrong. Then it gives the reasons why it was wrong. This paragraph follows CREAC but not as strictly as the others. This is more of an argumentative section that preludes all of your argument so as to set up the entire section and get the reader or judge ready to hear and read all of the reasons why you think your side should win the outcome. There should be a bottom line conclusion, then you put a governing rule that is about custody, then give the roadmap (overview).
When you begin a paragraph on a new point such as after the roadmap paragraph, you mark it a change in section and put in a “point-heading” that is single spaced and in bold font. The heading will be a complete sentence similar to the conclusion sentence where it gives a short explanation of why the lower court was wrong in suppressing the confession. It is sort of a general statement about what the prosecution wants as an outcome for this case. Then you give the roadmap or umbrella type paragraph.
Then you have sub-point sections that each start with a point heading as well but these are more descriptive with some facts and it gives reasons for the general point heading over the entire section. These are related to the factors for custody under the law that will help our argument. So under the Kentucky state rule for custody there are factors that courts look at when deciding this issue in court. You have to figure out the factors which will help our argument out of the ones which are what the court looks at in deciding the outcome of this issue.
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