When drafting the “Argument” portion of a brief it is important to think of the case law authority you would like to reference as just not isolated cases, or even as a related series of cases, but as patchwork that together creates a interrelated blanket that controls the area of law being discussed. A “quilt” of case law is created by identifying a theme that runs through the holdings of the cases your argument relies upon and then weaving the strands of that theme through your discussion. The theme may emphasize a pattern of similar facts, a public policy purpose, or some other element of similarity between the cases. The theme is then used to stitch together what might other be considered disparate case law.…
Tagged: brief writing, brief writing techniques, Case law