By:

Nikhil Kashyap
Asst. Professor, Amity Law School II
 Isan art
Better the research better the
draft
Drafting a memorial is a
teamwork
Start early to finish on time
 Cover
Table of Contents
List of Abbreviations
Table of Authorities
Statement of Facts
Statement of Issues
Statement of Jurisdiction
Arguments
Prayer
 The cover is the courts first impression of
your brief.
Use the proper color of stock paper: light
blue for appellant, red for respondent.
The cover must have the following
information:
Name of the court and case number;
Title of the case;
Title of the document;
Counsels name must only appear on the measuring
brief;
Team numbers must appear on all briefs.
 The Table of Contents should list each
element of the brief (with the exclusion of the
title page and the table of contents) as well as
the page on which each element begins.
The Argument is the most complex part of
the brief. Therefore, the headings and
subheadings used within the Argument
section should also be listed in the Table of
Contents with the corresponding page
number. Usually this is done in outline form.
 The Table of Authorities lists all materials used
to support the Argument.
The authorities should be grouped by statutes,
case law, Constitutional provisions, and other
materials (Reports etc.).
This list not only verifies the sources used by the
attorney, but is useful for the court and for other
attorneys to quickly determine what cases,
statutes or other materials are being cited, and to
easily locate these references in the original
research materials used in preparing the case.
Correct citation format must be used (either
Harvard Bluebook or any other format).
 It tells the judges precisely what legal issues
the attorney team wants the court to decide.
These statements should be phrased to help
one argue for a particular conclusion rather
than simply against the other side.
These issues are stated in question form and
should be phrased in such a way that a "yes"
answer will support one's position.
These statements are very short, generally no
more that one sentence per issue.
 This section is a retelling of the facts from
the client's point of view.
This section should be about one page long,
and not more then two pages.
This is a very important part of the brief that
sets the stage for the argument, and should
be presented both to help the court
understand the case and show the client in
the best possible light. Remember not to
assume facts not given, and do not distort,
change, or add to the facts.
 This is the core of the brief. Every part of the
argument must be supported by legal
authority.
Arguments should be well-organized and
convincing.
Arguments should address legal precedent
and policy issues.
 Structurally, each part of the argument
should first address the issues supporting
one's own case.
Then, address contentions anticipated to be
brought up by the opposing party.
Stylistically, the argument should be written
in forceful, active, positive language. It is best
to avoid the passive tense.
 Headings and subheadings are used to help
clearly organize the argument.
The idea is to do everything in terms of both
form and substance to help the court
understand the reasonableness and logic of
the argument, and thus decide in one's favor.
Always conclude your arguments
 Prayer
should be based on the
statements of issues.

Prayer should be short.

 Check the court/tribunal name very carefully.
Doubly check the provisions mentioned in
your memorial.
Provide Page Numbers
Maintain uniformity with respect to citations,
fonts.
Provide ample time for aesthetics of the draft.
Try to re-edit your draft at least 3 times
 Avoid spelling mistakes.

Avoid extra underlines/itallics/bolds