Appellate Advocacy Blog

Editor: Tessa L. Dysart
The University of Arizona
James E. Rogers College of Law

Monday, July 8, 2019

Statement of Facts: Moot Court Edition

The task of writing a statement of facts in a real-world appellate brief generally requires distilling significant amounts of information from the record. In Moot Court, you have typically have the fact section from the court opinion, a shorter and more focused treatment (though there are a few competitions out there that use entire appellate records). When looking at the fact section of an opinion and trying to make a statement of facts out of it, it can be difficult to write a story that has already been written. Some students are tempted to rely heavily on the phrasing and organization that was given in the problem, but that would be a mistake.

The statement of facts is an important part of your Moot Court brief, and there are some key things you can do to maximize your score in this section. As I’ve done in my other posts on sections of the brief for Moot Court, let’s start with scoring criteria from a sample competition:

STATEMENT OF THE CASE/FACTS
Does it engage the reader’s interest?
Are all legally relevant facts included?
Is it accurately, persuasively, and concisely written?
Is the procedural history clear? (15/100 points possible) ______________

To maximize your score on this section and stand out in all of the right ways, here are some tips:

1. Tell a story. The first criteria in this score sheet looks at whether the reader’s interest is engaged. Focusing on telling a story is the best way to grab your reader. People remember stories. Here’s an excellent blog post by Joe Regalia on Storytelling.

https://lawprofessors.typepad.com/appellate_advocacy/2019/04/storytelling-short-and-dirty.html

One key aspect on storytelling is to start in the right place. Spend time thinking about who your client is and where the story should start to ensure it presents the picture of your client you want.

2. Double check after you have written your argument that you included all of the facts that you used in your statement of facts. While you may write a draft of the statement of facts earlier in the process, until you have finished the heart of your brief, there may be little details that you missed at first.
And when you check your use of facts, make sure that you are giving specifics, not just generalizations. Also, have the record next to you as you draft; don’t just write from your memory. This is how inaccuracies are introduced. If something was said that was important, quote it!

3. Use headings and paragraph breaks to make it more readable. As a scorer, I am instantly annoyed when I confront a wall of text with no breaks. Headings and paragraphs help me see how you arranged and organized the various facts, and I can see how it all fits together before diving in.

4. Avoid arguing, but be persuasive. In the statement of facts, it’s important to be subtle and use focus, organization, and word choice to persuade. Don’t argue or come to legal conclusions, but do frame the facts to your client’s advantage.

Don’t underestimate the power of a strong statement of facts to tell your client’s story, and to help you maximize your brief score.

https://lawprofessors.typepad.com/appellate_advocacy/2019/07/statement-of-facts-moot-court-edition.html

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