1. The facts and procedural history. Note which facts are particularly good for your case and which ones are bad.
2. What are the legal issues
• Statute(s)
• Constitutional issues, intentions of framers, text, should the court consider a living or dead constitution.
3. Precedents. You don’t need to consider all the precedents the real life attorneys did, but choose a few of the most relevant and significant ones, including the ones that are most difficult for your case. You should say either here or in the argument how each of these precedents helps or hurts or just somehow pertains to your case.
4. Questions presented. Each question generally consists of one sentence, beginning with the words "whether" or "does". For example: "Does the public burning of an American flag during the course of a political demonstration constitute free speech subject to the protection of the First Amendment?
5. Argument. The "Argument" section is the heart of the brief. This is where you will analyze the law that applies to your case and apply the legal principles to the facts.
• Each argument section or subsection should begin with an argumentative point heading. The heading should state in one sentence the main thrust of the argument to follow with enough detail and specificity for the court to understand the substance of the argument.
• If preparing an appellate brief, the point heading should always be capitalized and should emphasize why or why not the trial court decision should be overturned. For example: "THE TRIAL COURT ERRED IN ADMITTING TONY'S STATEMENT BECAUSE IT WAS THE FRUIT OF AN ILLEGAL POLICE SEIZURE AND THEREFORE MUST BE SUPPRESSED UNDER THE WONG SUN DOCTRINE."
• Beneath each heading, begin each section with a paragraph that summarizes the argument. Within the argument, you should make your strongest points and present your strongest authorities first.
• Support your statements with citations of the facts and to the law.
• When citing cases in support of your position, emphasize their similarities to your case.
• Anticipate what your opponent will argue and refute those arguments. For example, if you find a case that seems to support your opponent’s position, distinguish that case from your case.
• Be as concise as possible without omitting necessary details. Judges are busy people and do not appreciate having to read long briefs when the same issues could have been covered more succinctly.
Adapted from http://www.wikihow.com/Write-a-Legal-Brief