a. What is the immediate cause for discussion? c. How should these terms be defined? d. What facts in the history of the question have important bearing on the controversy? e. What matters are sometimes brought into the discussions f. Which side of the proposition do you believe to be true? h. Can you safely admit or waive any of these? i. Have you any prejudices on the subject which may warp your judgment? j. What do you take to be the main arguments in favor of your side? k. What, then, seem to you to be the main issues? 19. Let each student prepare, outside of class, answers to the questions under 18 with reference to the subject chosen for his own written argument. THIRD CHAPTER CONSTRUCTING THE BRIEF 1 "What is it that first strikes us and strikes us at once, in a man of education, and which, among educated men, so instantly distinguishes the man of superior mind? . . . The true cause of the impression made upon us is that his mind is methodical.”. S. T. COLERIDGE. I. NATURE AND PURPOSE OF THE BRIEF IMAGINE a child trying to put together a dissected map of the United States. He has a box full of pieces in confusion. There is plenty of material for his purpose, so much, in fact, that he cannot survey it all at once. Where shall he begin? If he could only attack the problem part by part with a guide to the solution of each part, he might eventually bring order out of chaos. And here is the guide — a small outline map, giving the boundaries of each state; giving, in heavier lines, the boundaries of New England and other groups of states; and, in still heavier lines, the boundaries of the whole country. In addition to this, the map indicates only the chief rivers and mountain chains; there is no detail, no coloring. The whole outline map is not much larger than a single section in his box. With one good look at this outline map, the child gets a fair idea of the contour of the whole country. He then fixes his attention on one of the main divisions, say New England. Keeping in mind the broad outlines and subdivisions of the part he is about to construct, he goes through his material, selecting and rejecting. If he comes across a 1 Those who prefer to give considerable time to the theory of argument before beginning practice in briefing may postpone the study of the Third Chapter until after the Tenth Chapter. The most satisfactory plan is for the student to be at work on a brief and argument of his own while he is studying sources of evidence and methods of argument and of refutation. Thus he is prompted, from day to day, to put to use what he learns. piece of material which looks as though it might find place in the New England group, but does not quite fit, he consults his guide in search of a place which the piece in question exactly fits. If he has not found sufficient material to complete New England, as his guide tells him to complete it, he knows that he must continue his search, and he knows pretty well for what he is searching. Having constructed the main divisions one by one, he can put them together so that the whole elaborate structure shall be built in the shape of his little outline guide. A brief is an outline guide. The whole brief is not much larger than a single division of the finished forensic. With one good look at his brief, a writer sees his whole work in its broad aspects; he understands the relation of parts; he perceives the right arrangement of the main divisions, and he is able to develop them one by one. He is constantly guided by his brief in the selection and rejection of material. It warns him when he is in danger of inserting evidence out of its place, or of omitting evidence necessary to the proof. Finally, the brief serves as a test of the firmness and logical sequence of the finished structure. The brief is to a man constructing a forensic what the outline is to a child constructing a map. II. RULES FOR CONSTRUCTING THE BRIEF That form of brief is best which best suits the purpose of the writer. There is no one correct method of drawing a brief. The most successful lawyers in New York have come to follow a certain form, which long practice has proved most efficient for their purposes. The rules of the Supreme Court of Illinois prescribe the form in which briefs shall be submitted to that court. But when a writer draws a brief solely for his own aid, he uses that form which seems at the time most helpful. One form which has stood the test of many years of service, and which seems best adapted to the purposes of instruction, is built in conformity with the following rules: 1. GENERAL RULES 1. A brief should be divided into three parts: Introduction, Proof, and Conclusion. 2. A brief should contain nothing but COMPLETE statements. Mere topics are insufficient. Every symbol should be followed by a complete statement. The following outline, although it might serve the purpose of an able and experienced speaker, would be of little use to a beginner in the study of argumentation, and of still less use to a reader. ANNEXATION OF CUBA Introduction Treaty of Paris. United States Intervention. 1 Any one who is inclined to regard the methods of analysis and briefdrawing here set forth as unnecessarily rigid and formal may be interested to observe how definitely the law prescribes the form in which briefs shall be submitted. The following is an extract from the rules of the Supreme Court of Illinois regarding briefs to be presented to that Court: "Each party shall file a printed brief in the case. The brief of appellant or plaintiff in error shall contain a short and clear statement of the case, including, first, the form of the action; second, the nature of the pleadings sufficiently to show what the issues were, and to present any question subject to review arising on such pleadings; third, in cases depending upon the evidence, the leading facts which such evidence proved or tended to prove, without discussion or argument and without detail; fourth, how the issues were decided upon the trial or hearing, and what the judgment or decree was; and fifth, the errors relied upon for a reversal. The statement so made will be taken to be accurate and sufficient, unless the opposite party shall, in his brief, point out wherein it is inaccurate or insufficient. Following the statement of the case, the brief shall conclude with the points made and the authorities relied upon in support of them; and in citing cases, the names of the parties must be given, with the book and page where the case is reported. No alleged error or point not contained in such brief shall be raised afterwards, either by reply brief, or in oral or printed argument, or on petition for rehearing." Arguments in favor of Annexation. Economic. Social. Moral. Main Issues. Proof Economic Advantages. Trade. Fundamental Industries. Effect on Trusts. Sugar. Question of national honor. Official declarations about Cuba. Intentions and changed circumstances. Social inferiority of Cubans. No other plan. Conclusion Annexation desirable. The above vague outline gives but little idea of the main contentions or of the means of proving them. The gain in clearness due to the use of complete statements - and nothing but complete statements will become evident upon an examination of the finished brief. (Appendix VI.) 3. Each statement should be marked by a single symbol to indicate its relation to other statements. Each statement in the Introduction to a brief is significant only because of its explanatory relation to one of the essential steps in analysis. Each statement in the Proof of a brief is significant only because of its causal relation to the proposition, to one of the main issues, or to a subordinate statement. The relation of each statement to those preceding it and to those following it must, therefore, be clearly indicated. This relation can best be indicated by means of symbols. As uniformity and consistency are important for purposes of instruction, we shall do well to adopt the following arbitrary set of symbols: |