Bryan A. Garner’s The Redbook: A Manual on Legal Style (West, 2d Ed. revised, 2006), offers 10 tips on using italics in appeal briefs. Continue reading
This post begins a series on logical fallacies that I have run across in handling South Carolina appeals. My thanks to D.Q. McInerny and his book, Being Logical, for naming these fallacies and for its clear examples.
A statute that I dealt with a while back applied when a child is harmed.
On Wednesday, the South Carolina Supreme Court declined to disturb a Court of Appeals decision that upheld a tort victim’s $ 450,000 jury verdict. Curtis v. Blake, 392 S.C. 494, 709 S.E.2d 79 (Ct.App. 2011), cert. dismissed as improvidently granted, Op. No. 2012-MO-043 (S.C. filed October 24, 2012).
On appeal, I defended the verdict by pointing to the Court’s limited, “any evidence” standard of review for a jury’s factual findings. Continue reading
In a recent book, Justice Antonin Scalia and legal writing guru Bryan A. Garner advocate what they described as a “fair reading” approach in which one determines how a reasonable reader, fully competent in the language, would have understood the text at the time it issued. The book, entitled Reading Law: The Interpretation of Legal Texts, lists with examples 57 canons of construction and exposes what the authors call 13 fallacies.
To date, these posts have covered an appellate brief’s Table of Contents and Table of Authorities; the Statement of the Issues; and the Statement of the Case, including the Statement of Facts. This post one and the next several discuss the brief’s argument section. Continue reading