Provide Case Summaries The last step in outlining is to provide case summaries.
Language[ edit ] Trial briefs are presented at trial to resolve a disputed point of evidence. Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding.
Merit briefs or briefs on the merits refers to briefs on the inherent rights and wrongs of a case, absent any emotional or technical biases Amicus briefs refer to briefs filed by persons not directly party to the case.
These are often groups that have a direct interest in the outcome. Appellate briefs refer to briefs that occur at the appeal stage.
Memorandum of law may be another word for brief, although that term may also be used to describe an internal document in a law firm in which an attorney attempts to analyze a client's legal position without arguing for a specific interpretation of the law. IRAC Case Briefs Are usually a one page review done by a paralegal or attorney, ultimately used by the attorney to find previously decided cases by an Appellate courtin State or Federal Jurisdiction, which show how the courts have ruled on earlier similar cases in court.
Function[ edit ] The brief or memorandum establishes the legal argument for the party, explaining why the reviewing court should affirm or reverse the lower court's judgment based on legal precedent and citations to the controlling cases or statutory law.
To achieve these ends, the brief must appeal to the accepted forces such as statutory law or precedentbut may also include policy arguments and social statistics when appropriate. For example, if the law is vague or broad enough to allow the appellate judge some discretion in his decision making, an exploration of the consequences of the possible decision outside of legal formalism may provide guidance.
Such arguments may also support a legal argument when the purpose of the law at issue may be clear, but the particular application of that law in service of that purpose is in dispute.
Procedure[ edit ] The party filing the appeal — called the petitioner or appellantwho is attempting to convince the appellate court to overturn the lower court decision — is responsible for submitting his brief first.
The responding party — the respondent or appellee, who is satisfied with the lower decision — then files a reply brief within a specified time. Depending on the local rules of procedure, the court may allow or even require the parties to then file additional replies to the opposing party's briefs, multiplying the back-and-forth responses of the parties.
Depending on local rules, the court may then decide the case purely based on the submitted briefs or may hear oral argument by the parties.
England[ edit ] Upon a barrister devolves the duty of taking charge of a case when it comes into court, but all the preliminary work, such as the drawing up of the case, serving papers, marshalling evidence, etc.
The delivery of a brief to counsel gives him authority to act for his client in all matters which the litigation involves.
The brief was probably so called from its first being only a copy of the original writ. Contents[ edit ] A brief contains a concise summary for the information of counsel of the case which the barrister has to plead, with all material facts in chronological order, and frequently such observations thereon as the solicitor may think fit to make, the names of witnesses, with the "proofs," that is, the nature of the evidence which each witness is ready to give, if called upon.
The brief may also contain suggestions for the use of counsel when cross-examining witnesses called by the other side. Accompanying the brief may be copies of the pleadingsand of all documents material to the case. The brief is always endorsed with the title of the court in which the action is to be tried, with the title of the action, and the names of the counsel and of the solicitor who delivers the brief.
Counsel's fee is also marked. The result of the action is noted on the brief by counsel, or if the action is compromised, the terms of the compromise are endorsed on each brief and signed by the leading counsel on the opposite side.
Brief bag[ edit ] The brief-bag, in which counsel's papers are carried to and from court, now forms an integral part of a barrister's outfit, although today it is used primarily to carry counsel's robes.
In the early part of the 19th century the possession of a brief-bag was strictly confined to those who had received one from a king's counsel silk. These bags they distributed among rising juniors of their acquaintance, whose bundles of briefs were getting inconveniently large to be carried in their hands.
These perquisites were abolished in Brief-bags are now either blue or red. Blue bags are those with which barristers provide themselves when first called, and, in some jurisdictions, it is a breach of etiquette to let this bag be visible in court.
The only brief-bag allowed to be placed on the desks is the red bag, which by English legal etiquette is given by a leading counsel to a junior as a reward for excellence in some important case.
This is still viewed as one of the great traditions of the bar. In many jurisdictions, the receipt of a red bag from a silk is seen as a rite of passage for a junior barrister.
The use of such special bags eventually led to the briefcase. Ecclesiastical[ edit ] In English ecclesiastical law a brief meant letters patent issued out of chancery to churchwardens or other officers for the collection of money for church purposes.
Such briefs were regulated by a statute ofbut are now obsolete, though they are still to be found named in one of the rubrics in the Communion service of the Book of Common Prayer. United States[ edit ] In the United States, the word differs in meaning from its English counterpart because attorneys in the United States exercise all the functions distributed in England between barristers and solicitors.
A lawyer sometimes prepares for his own use what is called a "trial brief" for use at the trial. This corresponds in all essential particulars with the "brief" prepared by the solicitor in England for the use of counsel.
But the more distinctive use of the term in America is in the case of the brief "in error or appeal," before an appellate court.
This is a written or printed document, varying according to circumstances, but embodying the argument on the question affected. Most of the appellate courts require the filing of printed briefs for the use of the court and opposing counsel at a time designated for each side before hearing.IRAC Method of Legal Writing Glossary of Grammatical and Rhetorical Terms.
Share Flipboard Email So the coveted IRAC mantra will produce mediocre to worse results in memo-writing and brief-writing. Why? Because if you were to write a one-issue memo using the IRAC organization, you wouldn't reach the conclusion—the .
The Performance Tests (PTs) are like a scary haunted house. It’s frightening at first, but once you suck up the courage and go in, you come out the other side with candy and a .
case in outline format, with a systematic application of each element of the rule (in this case, the rule for battery) to the relevant facts of the case.
The analysis was written by Gina Genova, who also teaches legal writing at . A statutory-fee case is a case involving a special statute that gives a judge authority to order the losing party to pay the winning party’s attorney and paralegal fees.
The process of forcing one party to pay another’s attorney fees and costs in litigation is called fee shifting. A brief (Old French from Latin "brevis", short) is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail..
In England and Wales (and other Commonwealth countries, eg Australia), the phrase refers to the papers given to a barrister when they are instructed. by “briefing” a case, you will grasp the problem the court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the facts (the application or “analysis”); and the outcome (the conclusion).