Trial Court Writing. 

Trial court citation differs from the typical citation we see in appellate briefs. Specifically, in contrast to law school briefs, you’ll be engaged in a factual battle while mostly citing affidavits and other nonjudical documents.  In citing these documents you’ll  use the form (Aff. of Mary Davis ¶ 7 ). Here is a link to more on how to cite trial court documents.  Here is a link to common trial court abbreviations.

Persuasive Cases.

Mathematically there are three levels of persuasive cases.  At the lowest level we have case law addressing the issue we wish to establish in dicta. Dicta is the portion of the case the judge mentions however, he or she does so mearly in passing before addressing the substative isuues of the case.  At the second level you have  trial and appleate courts that have directly addressed the issues you wish to addess. Finally you have citations to trial courts that did not rule the way you wish the judge to rule but were later reversed by applate courts. These cases are the best becuase they come with an implicit threat, “sure rule the way the opposition wishes and we’ll reverse your ass just like the last guy…”