Persuasive Point
and Sub-Point Headings
Outlining the Argument
Section of the Appellate Brief
.
Main Point Headings
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Point headings are persuasive summaries of the main
arguments in your appellate brief.
Point headings are even more important in the
appellate brief than they were in the memo.
Because in the Table of Contents, along with sub-point
headings, they should use parallel word structure to
provide your reader with an outline and summary of
your entire argument.
(See sample brief and point-heading exercise)
Denial of Injunction Argument
The Major Point-Headings
Denial should be affirmed because:
I.
(II.) Appellant unlikely prevail at trial.
II. (V.) No Property or Liberty Interest.
Denial of Injunction Argument
II.

(V.) No Property or Liberty Interest.
A.
(I.) No Property Interest in Education or
Athletics


1.
2.
(VII.) No property interest in Education
(IV.) No property interest in Athletics
Denial of Injunction Argument
II.

(V.) No Property or Liberty Interest.
A.



B.
(I.) No Property Interest in Education or
Athletics
1.
(VII.) No property interest in Education
2.
(IV.) No property interest in Athletics
(IX.) Threatens no liberty interest in reputation,
future opportunities or state
entitlements.
 1.
(VIII.) Liberty interest in reputation not
threatened
 2.
(VI.) Liberty interest in future opportunities
not threatened
 3.
(III.) Liberty interest not threatened since no
state interest
Denial of Injunction Argument
I.
(II.) Appellant unlikely to prevail at trial.
II.
(V.) No Property or Liberty Interest.

A.



B.



(I.) No Property Interest in Education or
Athletics
1.
(VII.) No property interest in Education
2.
(IV.) No property interest in Athletics
(IX.) Threatens no liberty interest in reputation,
future opportunities or state entitlements.
1.
(VIII.) Liberty interest in reputation not
threatened
2.
(VI.) Liberty interest in future opportunities not
threatened
3.
(III.) Liberty interest not threatened since no
state interest
Main Point Headings
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Point headings should be conclusory
statements about the legal issues which are
favorable to your client.
Each point heading should be a single sentence
that can be immediately understood.
Point headings should also be forceful and
argumentative.
Organization of Point Headings
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The main point headings need not relate to
each other but should be organized in a logical
order.
For example: Which point heading should come
first in your problem? How would they differ
depending upon who you represent?
Point Headings should include:
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1) The ruling you want.
-Your conclusion of the issue
Point Headings should include:
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1) The ruling you want,
-Your conclusion of the issue
2) the legally significant facts,
-unless it is a pure question of law
Point Headings should include:
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1) The ruling you want,
-Your conclusion of the issue
2) the legally significant facts,
-unless it is a pure question of
law
3) and the relevant law
(or you can give the law and
THEN the facts)
For Example:
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I. This Court should affirm the district court’s
order dismissing Smith’s complaint (ruling you
want) because her husband’s interception of
telephone calls (legally significant facts) was
within an implied exception from the Omnibus
Crime Control and Safe Streets Act (the
relevant law.)
See the hand-out.
Which point headings are the best?
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C. This Court should reverse the district
court’s dismissal of Nunn’s claim (ruling you
want) because under New Hampshire law, the
defendant, knowing the guest would soon be
driving his automobile. (legally significant
facts) violated his duty to his guest not to
serve him alcoholic beverages (relevant law)
when the guest was intoxicated. (legally
significant facts)
And . . .
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A. This Court should reverse the district
court’s refusal to grant the Defendant an
entrapment jury instruction (the ruling you
want) because his plea was not inconsistent
with a request for such a jury instruction
(relevant law) even though he pleaded not
guilty and denied the intent element of the
crime. (legally significant facts)
Draft a Point Heading
for Nevin’s Brief
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(Ruling you want)
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(Legally significant facts)
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(The relevant law)
Draft a Point Heading
for Nevin’s Brief
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(Ruling you want)
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This Court should reverse the circuit court’s conviction for
assault with a dangerous instrument
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(Legally significant facts)
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because, the small drinking glass that Nevin threw at the
bartender’s back,
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(The relevant law)
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was not an instrument capable of causing death or other
serious physical injury under P.L. § 10.00 (13).
A Point-heading
for Nevin’s brief.
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I. THIS COURT SHOULD REVERSE THE CIRCUIT COURT’S
CONVICTION OF NEVIN FOR ASSAULT SHOULD BECAUSE
THE SMALL DRINKING GLASS THAT HE THREW AT THE
BARTENDER’S BACK WAS NOT AN INSTRUMENT CAPABLE
OF CAUSING DEATH OR OTHER SERIOUS PHYSICAL
INJURY UNDER P.L. § 10.00 (13).
(With all caps for the Point-heading)
Sub-Point Headings
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Unlike point headings, sub-point headings should be
indented and are often more factual.
Like, point headings, sub-point headings should be a single
sentence which is forceful and argumentative.
Sub-point headings supply specific reasons for the
contention of the main point headings.
Drafting Point and
Sub Point Headings
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Sub-point headings should relate to the main point
headings in a logical and consistent way.
Sub-point and point headings will be easier to read if you
keep the subject and verb as close together as possible
(unlike 18-E,1-B and 3-A, Shapo, pp.337, 338).
Generally, you should have two or more point or sub-point
headings.
Draft a sub-point heading
for Nevin’s brief.

I. THIS COURT SHOULD REVERSE THE CIRCUIT COURT’S
CONVICTION NEVIN FOR ASSAULT BECAUSE THE SMALL
DRINKING GLASS THAT NEVIN THREW AT THE
BARTENDER’S BACK WAS NOT AN INSTRUMENT CAPABLE
OF CAUSING DEATH OR OTHER SERIOUS PHYSICAL
INJURY UNDER P.L. § 10.00 (13).

A.

The drinking glass was not an instrument
capable of causing death or other serious
physical injury because Nevin put it to a nonstandard use unlikely to cause injury.
(With the point-heading in caps and
sub-point heading underlined)
Point headings should. . .
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Correspond to the issues and proceed in a logical order.
Combine the ruling you want with the relevant law and
the legally significant facts.
Supply reasoning unless supported sub-point headings.
Articulate relevant legal principles without citing cases
or statutes.
Use active voice and positive word construction as much
as possible.
See Shapo pp. 333-335
Sub headings should . . .
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Relate to the main point headings in a logical and
consistent way.
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Supply specific reasons for the contention of the main
point headings.
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Also be forceful and argumentative.
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Also use active voice and positive word construction
as much as possible.
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Finally, whenever possible you should use parallel
word construction in both point and sub-point
headings.
Steps In Outlining
Your Argument Section
See the Sample Outline
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1) Draft your first point heading.
What will you address first?
2) Describe any road map sections.
3) Identify your case discussions/
describe your rules section.
4) Briefly explain your arguments.
5) Identify your responses to counter-arguments.
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REPEAT PROCESS FOR SECOND ISSUE