21 Sep A Brief Legal Definition
The party appealing – called the applicant or appellant who is trying to persuade the Court of Appeal to overturn the lower court`s decision – is responsible for first filing their brief. The referred party – the respondent or appellant who is satisfied with the lower decision – then submits a response within a specified period of time. According to local procedural rules, the court may allow or even require the parties to subsequently file additional replies to the opposing party`s pleadings, thus multiplying the parties` replies in both directions. Depending on local rules, the court may then rule on the case solely on the basis of the pleadings submitted or hear the oral proceedings of the parties. While each briefing should be tailored to your client`s case, there`s no need to reinvent the wheel if you don`t have to. It is relatively common for lawyers to reuse certain sentences or terms (or even entire sections) of pleadings when the legal issues are the same in all cases. The danger, of course, is to quote authorities who were once good laws but are no longer good laws. Even if you`ve managed to reuse a particular short section over and over again, it`s still a good idea to run your letter in the writing assistant before filing it via West Check. This tool uses KeyCite directly in your word processing application to quickly determine if the law you are citing is still good. It is also a good idea to use the names of the parties instead of “applicant” or “complainant”.
This allows the reader to stay engaged in the narrative being told and makes the argument presented more convincing for the person reading it. The more a judge can read a brief, the more likely it is that that party will prevail in court. An example of legal pleading that can be considered a legal brief is the one that accompanies an application for summary judgment. An application for summary judgment explains to the court why it is impossible for the other party to win the case and asks for it to be dismissed. With the issuance of the summary judgment by the court, the case is finally closed. However, Amicus briefs are filed by individuals who are not parties to the case, but who have information that supports one view or another. These dissertations deal with political issues and/or subtleties of law. You can also explain why the case should be decided in favour of one party over the other if the law does not clearly apply to the issues at stake. Every standard legal mandate contains a few basic elements: Another common mistake is the inability to back up good arguments with good quotes.
Often, the person writing a brief cites the case law and assumes that the judge is familiar with the facts of the case. It is therefore assumed that the judge will understand why this case is being cited, with little or no explanation as to the reason. This is not necessarily true. A written statement is a written argument submitted to the court. Lawyers often prepare pleadings that highlight and clarify certain information or reach legal settlements to convince the courtroom to rule in favor of that lawyer`s client. In the United States, a brief is a written legal argument submitted to a court to help it reach a conclusion on the legal issues associated with the case. It is applied without exception in the courts of appeal and is of the utmost importance when there is no hearing. A letter is often used in litigation when it comes to complex legal issues. The usual procedure requires the party bringing the judicial action to submit his written reasoning to the court and send a copy to the opponent.
The opponent then submits and serves a letter of reply. As a rule, the first lawyer has the opportunity to submit a response letter. On unusual occasions, the order may contain many economic and sociological data. One of these letters became known as the “Brandeis letter,” according to U.S. Supreme Court Justice Louis Brandeis, who used it effectively. When a court allows a foreigner to file a brief in a case in which the alien is not involved, it is usually called amicus curiae (“friend of the court”). But the most important use of the term in America in the case of advocacy is “erroneous or on appeal” before an appellate court. It is a written or printed document that varies according to the circumstances, but embodies the argument of the question in question concerned.
Most courts of appeal require the presentation of printed pleadings for the use of the court and opposing counsel at a specific time on each page before the hearing. Under the rules of the U.S. Supreme Court and circuit courts of appeals, the brief must contain a concise presentation of the case, a specification of the alleged errors, including the content of the evidence whose admission or rejection must be considered, or an excerpt from an indictment that is excluded, and an argument that clearly identifies the legal or factual issues to be discussed.