405.01 Appellate Practice

The course introduces students to the practice of appellate advocacy and the appellate process. Students learn about the rules of appellate procedure and strategies for effective appellate advocacy while refining their legal writing and oral advocacy skills. The central project entails researching and writing an appellate brief (for appellants, an opening and a reply brief) and presenting an oral argument. The entire class will be assigned the same case. Half the class will be assigned to represent the appellant and the other half will be assigned to represent the appellee. Each student will be paired against a student from the opposing side for purposes of briefing and oral argument, so that each student can file a responsive brief and deliver a responsive oral argument. The briefs are reviewed and scored by appellate judges, who then preside over and score the orgal arguments (each student's brief and argument will be presented to one judge; at the conclusion of each oral argument, each student who participated in that argument will meet one-on-one with the reviewing judge).

The problem assigned in the course will be the same on used in the Dean's Cup competition. But Appellate Practice is not a prerequisite for participating in the competition. Students who cannot take the course are eligible for the Dean's Cup and are encouraged to participate.

Please note: This course is offered only in the fall.


Fall 2018

Course NumberCourse CreditsEvaluation MethodInstructorMeeting Day/TimesRoom
Research and/or analytical paper(s), 10-15 pages
Oral presentation
Class participation
Sean E. Andrussier
4:00-6:00 PM
Sakai site: https://sakai.duke.edu/portal/site/LAW.405.01.F18
Email list: LAW.405.01.F18@sakai.duke.edu
Degree Requirements
Course Areas of Practice