Using the Scenario presented in the Project Overview, complete the following elements of a Trial Brief on behalf of the client, either Sarah or Tim.
- Locate your state’s “Rules of Law” related to the project scenario (statutes and/or case law). You should be looking for laws related to child custody and related matters such as parental responsibility and timesharing, child support, alimony, and equitable distribution. You will use these when developing your Question Presented or Issue section(s).
- In a logical and numerical order, include in a brief outline form, the elements that are found in most trial briefs. The outline should be like a roadmap for writing your trial brief, which should include the major headings (topics) and subheadings (main categories/subcategories).
- Develop the Question Presented or Issue section(s) by introducing each of its elements such as the law, the question, and the key facts in a persuasive manner. You should be developing separate issues for child custody and related matters such as parental responsibility and timesharing, child support, alimony, and equitable distribution.
- Develop the Statement of Facts section. The Statement of Facts section is one of the first things the judge reads, so this is your chance to win over the judge. Keep the following things in mind when completing this section:
- You can refer to your client by name.
- While being truthful, make your client look as good as possible. If there are any facts that make your client look bad, try to present them in a less noticeable way.
- You can present the facts in chronological order or in topic order.
- Present the facts in past tense.
- Do not use this section to argue your case. You will do that in Weeks 3 and 4