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. In a criminal procedure briefs involve the state prosecuting one or more defendants for breaking one or more laws. 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.
An appellate brief is a brief prepared for an appellate court. 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. They may ask the court's permission to file an amicus brief in support of one of the parties.
References[change | change source]
- "Brief". The Free Dictionary. Farlex. Retrieved 5 July 2016.
- "Case Briefs - Criminal Law". CaseBriefSummary.com. Retrieved 5 July 2016.
- Bryan A. Garner, The Winning Brief: 100 Tips for Persuasive Briefing in Trial and Appellate (Oxford; New York: Oxford University Press, 2003), p. ix
- Scott A. Hatch; Lisa Zimmer Hatch, Paralegal Procedures and Practices (St. Paul, MN: West Publishing Co., 1993), p. 90
- "amicus curiae". The Free Dictionary. Farlex. Retrieved 5 July 2016.