Monday, July 15, 2019

DJ articles

Today's DJ also has Moskovitz on Appeal in Appellate Adventures, Chapter 11: “Any More Tips on Drafting a Statement of Facts?” which presents some sound, basic advice:


• "Construct your brief as an integrated whole, with each part supporting each other part. So your Statement of Facts should be carefully created to support your Argument. Facts that don't advance this goal should usually be omitted.
• "Use the names of the people and organizations involved in your Statement of Facts. Calling them 'appellant,' 'respondent,' 'intervenors,' and 'real parties in interest' makes for difficult (and boring) reading. The judge may forget who is who and have to go back to the title page to check it out. And real names tend to 'humanize' the case and make the Statement of Facts more interesting.
• "Keep your Statement of Facts concise. Don't clutter it up with facts that serve no purpose. For example, resist the temptation to include specific dates of events unless they matter.
• "But don't frustrate the judge by leaving questions unanswered, even if the answers are irrelevant to the appeal.
• "If your Statement of Facts will be long -- more than five pages or so -- dividing it into sections will make it more readable.
Friday's DJ also had Appeals judge fighting sexual misconduct charges sues his own court, about Johnson v. Lui, LASC No. 19STCV22913 (filed July 1, 2019).

Also of note from Law360: The Role Of Dictionaries In Last Term's High Court Decisions "Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella."