Brief (law)

From Simple English Wikipedia, the free encyclopedia

In law a brief is a formal written argument submitted to a court. It is in a format required by that particular court system. in civil law A brief generally contains the legal arguments in a lawsuit.[1] In a criminal procedure briefs involve the state prosecuting one or more defendants for breaking one or more laws.[2] In general, briefs contain references to the statutes, legal precedents and arguments applied to the facts for this particular case. When an attorney writes a brief, they are implicitly promising to give the court good reasons for ruling in favor of their client.[3]

An appellate brief is a brief prepared for an appellate court.[4] An amicus curiae, literally a "friend of the court", is a third party not involved in the case but who has a strong interest in the case.[5] They may ask the court's permission to file an amicus brief in support of one of the parties.[5]

References[change | change source]

  1. "Brief". The Free Dictionary. Farlex. Retrieved 5 July 2016.
  2. "Case Briefs - Criminal Law". Archived from the original on 8 June 2016. Retrieved 5 July 2016.
  3. Bryan A. Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate (Oxford; New York: Oxford University Press, 2003), p. ix
  4. Scott A. Hatch; Lisa Zimmer Hatch, Paralegal Procedures and Practices (St. Paul, MN: West Publishing Co., 1993), p. 90
  5. 5.0 5.1 "amicus curiae". The Free Dictionary. Farlex. Retrieved 5 July 2016.