LAW Written and Oral Advocacy
Factum, Brief or Memorial?
Factum, brief and memorial are synonyms for a document used by lawyers to persuade a court, usually an appellate court, to find in support of their client. The document contains a statement of facts, the grounds of appeal, the standard of review to be applied, the legal arguments of a party's position and the relief sought by the party. In Canada, this document is called a factum but is a brief in the United States. The term memorial is used in Scotland, at some international courts and tribunals and for many moot trial competitions. The documents are very similar and "how to" books from other countries can be referred to for advice on drafting a factum. Attention must be paid to the Court Rules for the jurisdiction in which the factum is being filed to ensure the appropriate format is being used.
Court Rules and Forms
Every court has rules governing the practice and procedures of that institution which must be followed. Some courts also provide practice tips or forms that can be very useful. Links to selective materials from the Alberta Court of Appeal and the Supreme Court of Canada are below:
- Alberta Court of Appeals RulesRule 14.23 - 14.26 addresses factums. Rule 14.25 specifically discusses the contents. See Page 335 of the linked PDF.
- Alberta Court of Appeals Factum Form in WordA fillable form in Word.
- Rules of the Supreme Court of CanadaSections 42 and 43 addresses the contents of appeal and cross-appeal factums.
Selective Practitioner-focused Materials (Canadian)
- Forget the Wind-Up and Make the Pitch: Some Suggestions for Writing More Persuasive FactumsBy John I. Laskin, JA, Court of Appeal for Ontario
- How to Prepare a Factum for the Court of AppealBy Ontario Justice Education Network
- Preparing the FactumBy Kenneth L. Campbell, Ministry of Attorney General
- Some Factum SuggestionsBy Justices David Stratas, Kathy Feldman and Janet Simmons, Federal Court of Appeal
- Strategic Legal Wriring: preparing persuasive documentsBy Eugene Meehan/Continuing Legal Education Society of BC, 2002
- Appellate advocacy by Legal Education Society of Alberta, 2018KF9058 .ZA3 A67 2018 Law Library - 1st floor
- Written Advocacy: preparing persuasive documents by By Eugene Meehan/Legal Education Society of Alberta 2014KF250 .W75 2014 Law Library - 1st floor
- Fundamentals of Strategic Legal Writing by Corinne Ghitter/Legal Education Society of Alberta, 2008KF250 .F86 2008 (Law Library - 1st floor)
- Strategic Legal Writing: preparing persuasive documents by Eugene Meehan/Legal Education Society of Alberta, 2004KF250 .M44 2004 (Law Library - 1st floor)
Selected Books Available at the University of Calgary
- Persuasive Written and Oral Advocacy in Trial and Appellate Courts by Michael R. Fontham; Michael VitielloCall Number: KF251 .F658 2019ISBN: 9781543801729Publication Date: 2019
- The Science Behind the Art of Legal Writing by Catherine J. Cameron; Lance N. LongCall Number: K94 .C33 2019 (Law library - 1st Floor)ISBN: 1531007740Publication Date: 2019
- Oral advocacy : style and substance by by J. Scott ColesantiCall Number: KF8870 .C65 2017 (Law library - 1st Floor)ISBN: 1531005624Publication Date: 2017
- Writing for Law Practice: Advanced Legal Writing by Elizabeth Fajans; Mary Falk; Helene ShapoCall Number: KF250 .F353 2015 (Law library - 1st floor)ISBN: 9781609304447Publication Date: 2015
- Legal Writing by Terrill Pollman; Judith M. Stinson; Elizabeth PollmanCall Number: KF250 .L398 2014 (Law Library - 1st floor)ISBN: 9781454833963Publication Date: 2014
- Opinion Writing and Case Preparation by City Law School StaffCall Number: KF250 .O65 2014 (Law Library - 1st floor)ISBN: 9780198714439Publication Date: 2014
- The Winning Brief by Bryan GarnerCall Number: KF251 .G37 2014 (Law Library - 1st floor)ISBN: 9780199378357Publication Date: 2014
- Point Made: how to write like the nation's top advocates by Ross GubermanCall Number: KF251 .G83 2014 (Law Library - 1st floor)ISBN: 9780195394870Publication Date: 2014
- A Brief Guide to Brief Writing by Janet S. KoleCall Number: KF251 .K65 2013 (Law Library - 1st floor)ISBN: 9781627223041Publication Date: 2014
- The Art of Advocacy: briefs, motions and writing strategies of America's best lawyers by Noah A. MessingCall Number: KF250 .M49 2013 (Law Library - 1st floor)ISBN: 1454818387Publication Date: 2013
- Legal Writing by Design by Teresa J. Reid Rambo; Leanne J. PflaumCall Number: KF250 .R355 2013 (Law Library - 1st floor)ISBN: 9781594608599Publication Date: 2013
- Professional Writing for Lawyers by Margaret Z. Johns; Clayton S. TanakaCall Number: KF250 .J64 2012 (Law Library - 1st floor)ISBN: 9781594607882Publication Date: 2012
- Advanced Legal Writing by Michael R. SmithCall Number: KF250 .S64 2008 (Law Library - 1st floor)ISBN: 9780735556591Publication Date: 2008
- Brief Writing and Oral Argument by Joseph R. Re; Edward D. ReCall Number: KF251 .R4 2005 (Law Library - 1st floor)ISBN: 0379215330Publication Date: 2005
- Winning on Appeal by Hon. Ruggero J. AldisertCall Number: KF9050 .A935 2003ISBN: 1556818246Publication Date: 2003
- Last Updated: Jun 9, 2022 2:12 PM
- URL: https://libguides.ucalgary.ca/law-written-and-oral-advocacy
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