MPT Template: How to Format a Persuasive Brief / Memorandum

What You’ll Learn:

• Format & Structure of a Persuasive Brief… with MPT Template
• Tips for Drafting a Persuasive Brief
• Sample Sections of a Persuasive Brief MPT Assignment
• Format & Structure of a Persuasive Memorandum… with MPT Template

On the MPT, a Persuasive Brief typically has the following structure:

1. Case Caption (you are typically instructed to omit this) – For the top formatting, use a Case Caption format (e.g. Court, Names of Parties).
2. Document Title – The title of your Brief (e.g. Defendant’s Brief in Support of Motion to Transfer).
3. Statement of the Case (you are typically instructed to omit this) – Instead of a typical introduction, you are sometimes asked to include a Statement of the Case. This is a short one-paragraph statement of the:  (i) parties, (ii) nature of the case, (iii) matter or issue in dispute, (iv) case posture, and (v) relief requested.
4. Statement of Facts (do not include unless instructed) – A short statement of the relevant facts presented in the best light for the client.
5. Legal Argument – The persuasive arguments on how the law and facts support the client’s position.
6. Conclusion – A short conclusion of (i) your argument for each legal issue, and (ii) the requested relief.

NOTE:  Remember to ALWAYS follow the Task Memorandum & Drafting Instructions… and carefully check what sections to include or omit.  As an example, the instructions will often tell you to “draft the argument section of the brief.”  In that case, you would only draft the Legal Argument and Conclusion sections (not the Case Caption, Statement of the Case, and Statement of Facts sections).  Don’t make any assumptions about the instructions, as you don’t waste time drafting an “omitted” section or conversely not include a required section.

Document Title EXAMPLE:
[The title of your Brief (e.g. Defendant’s Brief in Support of Motion to Transfer).]

Statement of the Case EXAMPLE:
[A short one-paragraph statement of the: (i) parties, (ii) nature of the case, (iii) matter or issue in dispute, (iv) case posture, and (v) relief requested.]

The Petitioners, Don and Frances Loden (the “Lodens”), have filed a Petition for Guardianship and Temporary Placement of Will Fox (“WF”), a minor Indian child, due to the incapacity of WF’s only living parent, his father. The Movant, Betty Fox (“Fox”), has filed a motion to transfer the petition to the Blackhawk Tribal Court, under the Indian Child Welfare Act (“ICWA”) to determine guardianship and placement, and has filed her own Petition for Guardianship in the Tribal Court. The Lodens object to the transfer, and ask the Court to deny Fox’s motion.

Legal Argument EXAMPLE:
[The persuasive arguments on how the law and facts support the client’s position.]

I. ICWA applies to Ms. Fox’s Motion to Transfer because WF is an “Indian Child”, Ms. Fox is an “Indian custodian,” and because the Lodens seek a “foster care placement” under the statutory definitions.

Under ICWA, a State court proceeding for the “foster care placement” of an “Indian child” not currently residing or domiciled within the reservation of the child’s tribe shall be transferred to the jurisdiction of the Tribe upon petition of the “Indian custodian” and absent objection of either parent, or “good cause” against such transfer, in a “foster care placement” case.

A. “Indian Child” and “Indian Custodian” Defined

ICWA defines an “Indian child” as any minor person who is, as is relevant here, a member of an Indian tribe. The letter from the ICWA Director states that WF is a member of the tribe, and he is 10 years old. Accordingly, WF is an “Indian child” covered under ICWA.

….

II. The Lodens cannot show good cause against transfer because the distance between the Blackhawk Reservation and Melville is not so great as to cause undue hardship to the parties and witnesses.

The law creates a presumption that an action for foster care placement of an Indian child shall be transferred in the absence of good cause to the contrary, and absent the objection of either parent, on the petition of the parent of the Indian custodian or the Indian child’s tribe (Section 1911). The burden to show good cause not to transfer is on the party opposing the transfer (Guidelines). In this case, WF is an “Indian child,” Ms. Fox is his “Indian custodian,” and the Lodens have filed a “foster care placement” action, and so the presumption applies here.

WF’s father is incapacitated, and WF’s mother is deceased, and so they cannot object to the transfer.

….

Conclusion EXAMPLE:
[A short conclusion of (i) your argument for each legal issue, and (ii) the requested relief.]

For the reasons stated above, the District Court of Oak County should order removal of the Petition For Guardianship and Temporary Custody of Will Fox to the Blackhawk Tribal Court as proper pursuant to ICWA requirements.

On the MPT, a Persuasive Memorandum is similar to a Persuasive Brief… except you need to:  

1. use a Memo Caption for the top formatting (instead of a case caption); and
2. include an Introduction (instead of a Statement of the Case).

Below is a template of the typical Persuasive Memorandum format.

NOTE:  Sometimes you will be asked to draft a Persuasive Memorandum or Brief in a “letter” format.⁴⁴  For those MPT’s, draft the assignment the same way you would for a typical Persuasive Brief or Memorandum assignment, except use top & bottom formatting for a letter (see Chapters 13 & 14 of this guide).