Two Versions of a Trial Brief The following documents offer some suggestions for drafting a brief to a court - broadly defined as a memorandum of law intended to persuade a court of the legal correctness of a position you have asserted on behalf of a client in a litigated case. Two Versions of a Trial Brief illustrates how one writer effectively revised the first draft of a brief to maximize its persuasive potential by strategically using facts, highlighting and developing a thesis, organizing information within paragraphs, and using signposts to guide the reader. Before submitting a brief to a court of any level and in any jurisdictionyou should consult the rules of that court concerning format, page length, and citation. Court rules are usually published and, if the court maintains a Web site, will be available via the Internet.
To write an effective legal brief, it is necessary to understand the function of these documents as well as the variations in procedural requirements. Legal Briefs Are Arguments Legal briefs are written arguments that set out the relevant laws on an issue and describe how they should be applied to the facts of a particular case.
A legal brief is generally prepared for submission to a particular court in a particular case, with the goal of convincing the judge to rule in a particular way on certain issues. Given this, only someone comfortable with legal research and familiar with the facts of the legal matter should undertake the task of writing a brief.
Formats Vary Widely The term "legal brief" is used loosely to mean any type of written statement that presents law, fact and argument, so the format for a legal brief varies considerably not just among different courts, but also within one jurisdiction.
For example, there are very specific format requirements for a brief that supports a motion for summary judgment in a trial court that vary considerably from the requirements for an appellate brief before the state supreme court.
Organizing the Argument Before an attorney begins drafting a legal brief, she identifies the exact legal points at issue. To that end, she reviews all the documents filed in the case that relate to these issues, researches the law and determines what types of evidence she will need to support her argument.
Once this preparation is done, she organizes the argument to lead the judge, in logical and well-supported steps, from one point to the next, until the desired conclusion appears inevitable.
Well-written legal briefs include only information essential to the argument; a critical point can be lost if hidden in verbal bloat.
It is important to read and understand the position of the opposition before sitting down to write a reply brief, since the intention of this brief is to show the judge the errors in reasoning.
Good reply briefs focus on each point raised by the opposition rather than simply restating opening arguments.Aug 23, · An appellate brief is an argument presented to a higher court, whose purpose is to argue that it uphold or reject a trial court ruling.
It is also a common assignment in law school to analyze and outline cases for discussion, as you will in court. To brief a law case, follow the steps below. Read 91%(). Sep 02, · How to Write a Legal Brief In this Article: Understanding the Facts and Legal Issues Researching the Legal Issues Writing Your Brief Community Q&A A brief is a written argument that a lawyer (or party to a case) submits to a court to persuade that court to rule in favor of his client’s position%().
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.
trial court's decision in a court. Appellate briefs focus more on broad policy because appellate courts are more concerned with establishing and applying rules that work in many situations.
An appellate brief contains a statement of the legal issues, a statement of facts, an argument and a conclusion. The fastest way to format your appellate brief is to download an appellate brief template for Microsoft Word.
Download the Appellate Brief Template for Word Each Appellate Brief Template has a properly formatted cover page, table of contents, table of authorities, headers, page numbers, placeholder text, block quotes, footnotes, and many other. C. HOW TO BRIEF. The previous section described the parts of a case in order to make it easier to read and identify the pertinent information that you will use to create your briefs.
This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves.