Drafting and External Memoranda

Motions cannot be used to respond to a complaint.

True

False

Court briefs follow the same basic organization as most office memos.

True

False

You do not need to check local rules for requirements related to trial or appellate briefs.

True

False

The responding party is the party making a motion.

True

False

A table of authorities -

Does not include the correlating page number

Lists all the law cited in the brief

Does not include a full citation

A preliminary statement includes -

The argument

A description of the matter being addressed by the court

The relief sought

An identification of the parties

Procedural events in the case relevant to the matter the court is addressing

A case caption includes -

Name of the court

File number and type of case

Title of the document

Names and status of the parties

Appellate court rules and trial court rules are different.

True

False

Issue headings are designed to organize, define, and emphasize the structure of the argument.

True

False

A complaint is considered a pleading.

True

False

Required components of trial and appellate court briefs will not vary among jurisdictions.

True

False

A motion can be accompanied by a memorandum of points and authorities that is submitted to the court.

True

False

Documents submitted to the court are usually called a court brief but can also be referred to as a "memorandum of points and authorities."

True

False

A motion is...

formal written allegations

a moving party

a decision by the court

a request to the court

A court brief is designed to persuade.

True

False