Brief in the United States
A written document presented to a court in support of a party’s position on a legal question. A brief contains a statement of the facts, applicable law, and arguments drawn from the facts and the law as well as from related, pertinent material. A brief urges a judgment compatible with the interests of the party submitting it. In a law school context, a brief is a short outline of a case prepared for recitation and review.
See Also
Amicus Curiae (Apellate Judicial Process).
Analysis and Relevance
A brief is a medium through which arguments are placed before courts. While briefs generally present only legal arguments, they may advance arguments with other bases. For example, when Louis D. Brandeis sought to defend a state hours-of-work law for women, he presented various sociological as well as legal arguments. Brandeis was successful with this approach as the Court upheld the law in Muller v. Oregon (208 U.S. 412: 1908). His technique of supplementing legal arguments with other than legal data became known as the “Brandeis brief.” In a similar fashion, the briefs submitted on behalf of the plaintiffs in Brown v. Board of Education I (347 U.S. 483: 1954) sought to establish the damaging consequences of racial segregation in public schools by offering evidence from the field of social psychology. Briefs are generally submitted by the parties themselves, although amicus curiae briefs may also be received by the courts.
Notes and References
- Definition of Brief from the American Law Dictionary, 1991, California
Brief Definition
(Lat. brevis; Law Fr. brief e, short). A short or condensed statement In Ecclesiastical Law. A papal rescript sealed with wax. See Bull. In Old Practice. A writ. It is found in this sense in the ancient law authors. 2 Co. Litt. 73b. In English Practice. A statement by a solicitor to counsel, containing the facts and issues, the names of the witnesses, etc., to obtain the advice of counsel on a point of law, or to enable him to prepare for trial. In American Practice. The written or printed points, authorities, and argument furnished to the court by counsel. It must contain some statement of the case and argument therein; a mere copy of part of the assignments of error being insufficient. 12 Ind. 654. And see 43 Ind. 356.
Brief in Foreign Legal Encyclopedias
| Link | Description |
|---|---|
| Brief | Brief in the World Legal Encyclopedia. |
| Brief | Brief in the European Legal Encyclopedia. |
| Brief | Brief in the Asian Legal Encyclopedia. |
| Brief | Brief in the UK Legal Encyclopedia. |
| Brief | Brief in the Australian Legal Encyclopedia. |
Browse the American Encyclopedia of Law for Brief
Scan Brief in the appropriate area of law:
| Link | Description |
|---|---|
| Brief | Brief in the Family Law Portal of the American Encyclopedia of Law. |
| Brief | Brief in the IP Portal of the American Encyclopedia of Law. |
| Brief | Brief in the Commercial Law Portal of the American Encyclopedia of Law. |
| Brief | Brief in the Criminal Law Portal of the American Encyclopedia of Law. |
| Brief | Brief in the Antritrust Portal of the American Encyclopedia of Law. |
| Brief | Brief in the Bankruptcy Law Portal of the American Encyclopedia of Law. |
| Brief | Brief in the Constitutional Law Portal of the American Encyclopedia of Law. |
| Brief | Brief in the Tax Law Portal of the American Encyclopedia of Law. |
| Brief | Brief in the and Finance and Banking Portal of the American Encyclopedia of Law. |
| Brief | Brief in the Employment and Labor Portal of the American Encyclopedia of Law. |
| Brief | Brief in the Personal Injury and Tort Portal of the American Encyclopedia of Law. |
| Brief | Brief in the Environmental Law Portal of the American Encyclopedia of Law. |
Explore other Reference Works
| Resource | Description |
|---|---|
| Brief in the Dictionaries | Brief in our legal dictionaries |
| http://lawi.us/brief | The URI of Brief (more about URIs) |
| Brief related entries | Find related entries of Brief |
Legal Issue for Attorneys
(Lat. brevis; Law Fr. brief e, short). A short or condensed statement In Ecclesiastical Law. A papal rescript sealed with wax. See Bull. In Old Practice. A writ. It is found in this sense in the ancient law authors. 2 Co. Litt. 73b. In English Practice. A statement by a solicitor to counsel, containing the facts and issues, the names of the witnesses, etc., to obtain the advice of counsel on a point of law, or to enable him to prepare for trial. In American Practice. The written or printed points, authorities, and argument furnished to the court by counsel. It must contain some statement of the case and argument therein; a mere copy of part of the assignments of error being insufficient. 12 Ind. 654. And see 43 Ind. 356.
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Notice
This definition of Brief Is based on the The Cyclopedic Law Dictionary . This definition needs to be proofread..
Practical Information
Note: Some of this information was last updated in 1982
Brief in Litigation Practical Information
A written document that an attorney prepares as the basis for his or her argument before an apellate court (in U.S. law) . The brief must contain a history of the case on appeal (in U.S. law), a statement of the questions or points involved, and the argument. The history is a concise statement of the essential facts without argument. It states the purpose of the litigation, contains a chronological enumeration of the pleadings (in U.S. law), the issues, and the judgment (in U.S. law) of the trial court, giving references to applicable pages of the transcript. The questions or points should be stated as concisely as possible. Each one is numbered and set forth in a separate paragraph and is usually followed by a statement of whether it was answered in the negative or the affirmative by the trial court. The section of the brief entitled Argument contains a division for each of the questions involved, with discussion and citation of authorities.
Preliminaries to preparing the brief
Before dictating the brief, the lawyer briefs cases to be used in support of his or her position. This means the lawyer makes a summary, digest, or abstract of a case, quoting pertinent parts from the court’s opinion.
Time element
The court rules provide that the appellant must file a brief within a specified number of days after the record on appeal (in U.S. law) is filed, and that the appellee in turn has a specified number of days thereafter to file a brief. The appellant then has an additional time in which to file a reply brief. The timing is close.
Index and list of authorities cited
A brief of more than 12 pages (consult the rules) must be indexed and prefaced by an alphabetical list of the authorities cited. T
hese pages are numbered with small roman numerals. The index is actually a table of contents. In the alphabetical list of authorities cited, the titles of the cases are not necessarily underscored or in italics. Underscoring of a long list of authorities takes a lot of time. It sometimes happens that a case is cited before the court’s opinion is published in the reporter (see national reporter system (in U.S. law) ) or even in the advanced sheets. The page and volume numbers are then left blank. Should the opinion be published before the brief is filed, the reference may be inserted.
Cover and binding
The cover of the brief contains the name of the court, the style of the case, identification of the brief (the party filing it), and the name and address of the attorneys representing the party filing the brief. When the brief is typed on legal size paper, a legal back, endorsed with these items, is used and stapled at the top. When the brief is typed on letter size paper, double covers stapled at the side are used. Some rules specify different colors for the backs of the appellant’s brief, the appellee’s brief, and the appellant’s reply brief.
Filing and service
The rules specify the number of copies of the brief that must be filed with the clerk of the appellate court and the number of copies that must be served on opposing counsel. Service on opposing counsel may be by, for example, mail or in person.
What is Brief?
For a meaning of it, read Brief in the Legal Dictionary here. Browse and search more U.S. and international free legal definitions and legal terms related to Brief.
Brief
United States Constitution
According to theEncyclopedia of the American Constitution, about its article titled 356 BRIEFAlthough the term may refer to a number of different kinds of legal documents, in American usage a “brief” ordinarily is a written summary of arguments presented by counsel to a court, and particularly to an appellate court. In the Supreme Court, counsel file briefs only after the Court has
(read more about Constitutional law entries here).
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Concept of Brief
In the U.S., in the context of Judiciary power and branch, Brief has the following meaning: A document filed with a court prior to a hearing or trial, detailing the legal arguments to support the position of one party. (Source of this definition of Brief : University of Texas)
Brief
Concept of Brief in Constitutional Law
The following is a very basic definition of Brief in this context: A document that describes the main arguments with supporting statements and evidence
Concept of Brief in Political Science
The following is a very basic definition of Brief in relation to the election system and the U.S Congress: A document that describes the main arguments with supporting statements and evidence
Meaning of Brief
In plain or simple terms, Brief means: A lawyer’s written statement of a client’s case filed in court. It usually contains a summary of the facts in the case, the pertinent laws, and an argument of how the law applies to the facts supporting the client’s position.
Submitting a Brief (in Disability Claims)
Some information about Submitting a Brief in this context.
The Brief (in Disability Claims)
Some information about The Brief in this context.
Resources
See Also
- Judiciary Power
- Judiciary Branch
Concept of Brief in Constitutional Law
The following is a very basic definition of Brief in this context: A document that describes the main arguments with supporting statements and evidence
Concept of Brief in Political Science
The following is a very basic definition of Brief in relation to the election system and the U.S Congress: A document that describes the main arguments with supporting statements and evidence
Meaning of Brief
In plain or simple terms, Brief means: A lawyer’s written statement of a client’s case filed in court. It usually contains a summary of the facts in the case, the pertinent laws, and an argument of how the law applies to the facts supporting the client’s position.
Submitting a Brief (in Disability Claims)
Some information about Submitting a Brief in this context.
The Brief (in Disability Claims)
Some information about The Brief in this context.
Resources
See Also
the Milestones in the Law and Appendix volumes for examples.
Further Reading (Articles)
In brief, Oakland Tribune; September 13, 2011; Anonymous
Amicus Briefs: What Have They Done for Courts Lately?, Florida Bar Journal; June 1, 2012; Wozniak, Carrie Ann
Brief-Lynx Launches New Version of Patented Linking Application, Wireless News; May 21, 2014
NLRB INVITES AMICUS BRIEFS TO BE FILED ON DANA CORP. PENDING CASES, US Fed News Service, Including US State News; March 30, 2006
Amicus Curiae Briefs: The Court’s Perspective*, Justice System Journal; May 1, 2006; Flango, Victor E. Bross, Donald C. Corbally, Sarah
Fashion briefs aren’t getting boxed out; makers see continuing growth in numerous styles. (Supplement: Accessories for Men), Daily News Record; October 9, 1992; Sharoff, Robert
Reply briefs: rules and protocol in the battle for the last word.(Florida), Florida Bar Journal; March 1, 2006; Pressly, Finn
Avalanche of Briefs in Abortion Case; Advocacy Groups Hope to Influence Supreme Court Decision, The Washington Post; April 6, 1989; Al Kamen
[ SPORTS BRIEFS ], Chicago Sun-Times; June 7, 2001
BRIEF INTERVENTION TO TACKLE ALCOHOL ABUSE, US Fed News Service, Including US State News; June 30, 2010
Briefs filed on CD-ROMs? Don’t laugh, it’s coming., Florida Bar News; December 1, 2000; Blankenship, Gary
Do brief interventions for unhealthy alcohol use work?(PRO & CON), Internal Medicine News; July 15, 2005; Saitz, Richard Fiellin, David
Reply Briefs Failed for Century Aluminum Rate Case, The State Journal; August 31, 2012; Ali, Ann
Amicus Brief in Prop 8 Case Filed by Obama Administration, Between the Lines; March 7, 2013; Keen, Lisa
Brief Psychotherapy: A Brief Review, American Journal of Psychotherapy; April 1, 2006; Cameron, Christopher L.
Cloud-Based Brief-Lynx Application Streamlines e-Briefs., Computer Weekly News; March 11, 2010
Brief, and that’s the point: whatever the creatives think, briefs weren’t invented to stifle their genius, says David Bernstein. If put together with care, they are the perfect building block.(Private View), Design Week; July 24, 2003; Bernstein, David
Brief Interventions for Alcohol Problems: Factors That Facilitate Implementation, Alcohol Research & Health; January 1, 2004; Moyer, Anne Finney, John W.
Brief interventions for alcohol problems.(Clinical repo
rt), Bandolier; August 1, 2004
Do brief interventions for unhealthy alcohol use work?(Pro & Con), Family Practice News; July 1, 2005; Saitz, Richard Fiellin, David
Brief (of a case) in the Context of Law Research
The Thurgood Marshall School of Law Library defined briefly Brief (of a case) as: 1. A written pleading submitted to a court in which a party summarizes the facts of the case and presents legal authority in support of his position. 2. A summary of a case in which the major elements of the case (parties, history, holding, and rationale) are summarized. Usually prepared by law students after reading an opinion for class.Legal research resources, including Brief (of a case), help to identify the law that governs an activity and to find materials that explain that law.
Brief Definition in the context of the Federal Court System
A written statement submitted by a party in a case that asserts the legal and factual reasons why the party believes the court should decide the case, or particular issues in the case, in that party’s favor.
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