Legal Question in Appeals and Writs in Pennsylvania

Unemployment Compsation

I want to learn how to file a brief that complies with the Pennsyvania Rules of Appellate.


Asked on 1/05/09, 12:20 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Unemployment Compsation

You asked about learning to file a brief with the appellate court.

It's not that difficult. Starting in high school you learn the basics of grammar and argumentation. Four years of college instruction will develop your cognitive and expressive skills after which you can go to law school for three years to develop skills in research and analogical reasoning, and refine your argumentation and persuasive writing skills.

After such an education you can practice for a few years and learn to draft simple briefs gradually gaining experience until you are ready to tackle a brief destined for an appellate court.

Of course, you are probably looking for a shortcut. It doesn't exist. Argumentation before any court is a refined task and just like you wouldn't try to remove your own appendix you shouldn't try to prosecute your own claims, particularly in appellate matters.

Otherwise you can go to any library and look up books on the topics of law, and procedure. An appellate brief must conform to the proscribed format that the court has specified in its rules. Courts are required to grant pro se parties considerable leeway as to form and procedure, but the amount of leeway and what is acceptable and not is up to the court. And few courts will allow much, if any leeway, with regard to argument. A court will not wade through a brief that is non-conforming in any aspect in order to discern what a party is requesting, what authority the party asserts the court has to act, and why the court should deliver the result the party seeks.

Brian Garner has written a few books on brief writing that should proved helpful.

Regards,

Roger

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Answered on 1/05/09, 1:38 pm


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