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The Cockle Bur Blog

Legal minds on legal matters and whatever else strikes our fancy.

7 May, 2015

Writ Of Certiorari: What Is It?

2019-03-18T18:47:28-05:00May 7th, 2015|

Filers and practitioners talk about the “writ of certiorari” all the time. We petition for the writ, oppose the writ, evaluate the chances for the writ, and contemplate the implications of the writ. The words “writ,” “writ of cert,” and “writ of certiorari” pepper the pages of Supreme Court filings—written and read with complete understanding [...]

5 May, 2015

Should I File An Amicus Curiae Brief?

2019-03-18T18:47:28-05:00May 5th, 2015|Tags: , , , , , |

Amicus curiae briefs are submitted by non-parties to a case as a way of introducing information and concerns to the Court, demonstrating that a case’s outcome may have wider effects beyond the immediate parties to the suit. They can provide valuable assistance to the Court in its deliberations by presenting an argument or citing authorities [...]

21 Apr, 2015

3rd Circuit Court of Appeals: Beyond The Rules

2019-03-18T18:47:28-05:00April 21st, 2015|

The 3rd Circuit Court of Appeals—like all of the federal circuit courts—uses both the Federal Rules of Appellate Procedure (FRAP), as well as its own set of local rules. The FRAP lays out general practice standards for all of the federal appellate courts, but also allows the circuits to issue their own rules that can [...]

16 Apr, 2015

Mythbuster: Common Misconceptions About Pro Se Litigation

2020-06-09T16:44:57-05:00April 16th, 2015|

When a litigant proceeds without legal counsel, they are said to be proceeding “pro se” or “on one’s own behalf.”  The task of representing one’s own interests can be daunting, especially when one is misinformed about the nature of pro se litigation.  There are several misconceptions about what it means to proceed pro se.  Below [...]

9 Apr, 2015

In Praise Of Simple Writing

2019-03-18T18:47:28-05:00April 9th, 2015|Tags: , , , |

There may be an impulse to make a brief intricate, detailed, and complex in order to prove a point, but that method will backfire. Instead, the Supreme Court justices prefer simple clarity. Here are a few tips on how to accomplish clean copy when writing a legal brief. Legal writing expert Bryan Garner has had [...]

2 Apr, 2015

5th Circuit Court of Appeals: Resources

2019-03-18T18:47:29-05:00April 2nd, 2015|

The 5th Circuit Court of Appeals—like all of the federal circuit courts—uses both the Federal Rules of Appellate Procedure (FRAP), as well as its own set of local rules. The FRAP lays out general practice standards for all of the federal appellate courts, but also allows the circuits to issue their own rules that can [...]