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Draft a brief introduction the judge remembers
Writes the opening paragraphs that put your version of the case in the judge's head before the standard of review: fact-first, no throat-clearing, ending on the order you want signed.
Your prompt
2
Pressure-test it
3
Go deeper
Before you run it
What to gather first
Watch for
What comes back
See an example of what you’ll get
*(Ninth Circuit answering brief for Acme, de novo review.)*
Acme Holdings signed BetaCorp's supply agreement on February 12, 2025, and paid all six invoices that followed within thirty days. (ER 44, 61-72.) Then, on April 1, 2025 (after Acme had locked in its supply chain, hired the warehouse staff, and turned away two other distributors), BetaCorp sent a letter announcing it would ship nothing further unless Acme agreed to pay 38 percent more per unit than the contract required. (ER 88.) Acme refused, covered at market, and sued. Thirteen days later BetaCorp's own chief operating officer put the answer to this appeal in writing: BetaCorp "cannot perform." (ER 91.)
The rule that decides this case fits in one sentence: a signed contract cannot be rewritten by one side alone. Cal. Com. Code § 2209 [UNVERIFIED - confirm section and current text]. BetaCorp's April 1 letter was not an offer to modify; it was notice of a breach it had already decided to commit. The district court held exactly that, granted summary judgment, and entered an $842,000 cover-damages judgment supported by three replacement-vendor invoices BetaCorp never disputed. (ER 103-118.) BetaCorp now recasts the case as a distributor's buyer's remorse, but the price Acme paid is the price BetaCorp's repudiation created.
This Court should affirm.
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Assumptions I made. ER cites are drawn from your facts and are reproduced as given [verify each against the excerpts]. "Turned away two other distributors" is characterization, not a record fact you gave me [verify - if it is not in the record, cut it, because it is the most attackable sentence here]. De novo review [safe - summary judgment].
Where this is weakest. "BetaCorp had already decided to commit" states intent you have not proven. A panel will read it as argument and discount the paragraph around it. Consider "BetaCorp's April 1 letter was not an offer to modify; thirteen days later it confirmed it would not perform at any price."
What only you can decide. Open on the equities, as drafted (three years of on-time payment, then a squeeze), which reads well to a generalist panel but signals that the law is not doing the work. Or open on § 2209 and reach the facts in sentence three, which is colder but stronger if you draw a panel that dislikes narrative. Also yours: whether to name BetaCorp's COO in the introduction, which makes the admission personal and vivid, or keep it institutional and avoid a sympathy problem at argument.
What would make this materially better. (1) A record cite for "turned away two other distributors." It is the most vivid clause in the introduction and the only one with nothing under it; a declaration page or a deposition line turns characterization into fact, and without one I would cut it. (2) The district court's order at ER 103-118, so paragraph two can quote the court's own holding instead of my summary of it. A panel weighs a quoted holding differently than counsel's paraphrase. (3) Confirmation of the California Commercial Code section and its current text. It is the only citation in the draft and it is unverified. (4) BetaCorp's opening brief. If it does not actually argue buyer's remorse, the last sentence of paragraph two is answering a frame nobody raised, and it should be replaced with the frame they did.
Why this prompt is built the way it is
## Framework
1. **The first sentence carries a fact, not a category.** A date, a number, an act. "This is a case about" and "This case presents" are dead on arrival.
2. **Tell before you argue.** The reader should feel the wrong before hearing the rule. Chronology, active voice, party names rather than procedural designations.
3. **The rule in one repeatable sentence.** If a non-lawyer could not repeat it after one read, rewrite it.
4. **Roadmap, not table of contents.** Two sentences on why the rule plus these facts produce this relief.
5. **Answer the other side's frame without repeating it.** A frame restated in the opponent's words is a frame adopted.
6. **Match the posture.** At the pleading stage facts are allegations and must be labeled as such. At summary judgment every fact needs a record cite. On appeal, name what the court below did and the error in it.
7. **End on the ask.** The last sentence states the relief in the language of the order you want entered.
8. **No throat-clearing.** "As demonstrated below," "it is respectfully submitted," "clearly," "plainly," and "for the foregoing reasons" all go.