what does it mean when an attorney states they have filed a brief?

In a legal matter, a brief is a written statement of facts and the legal issues which form the basis of the lawsuit or other action. In the brief, the party, or attorney representing that party, submitting the document, attempts to convince the court to rule in its favor.

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What is a legal brief in a court case?

Nov 12, 2015 · In the legal system, a brief is a written document advising the court of the legal reasons for the lawsuit or other legal action. The legal grounds for the action must be spelled out according to the party’s reasoning, the facts of the case, and the laws and regulations that apply.

How does a lawyer draft a legal brief?

Apr 06, 2017 · A legal brief is a document that makes an argument as to why the person filing the brief should win the case or otherwise see his motion granted. This document contains the issues in dispute, the facts of the matter, and arguments in support of the party’s position. A legal brief that is submitted with a motion can also be referred to as a “memorandum of law.”.

What is a reply brief in law?

A legal brief is a document used to submit an argument to a court. Lawyers generally write legal briefs to persuade a court to rule in their client’s favor on a particular issue. The goal of these briefs is to convince a court that a certain position is correct, logical, and reasonable.

How does an appellate brief work?

The “Brief” or Case Summary. Legal memoranda are sometimes called “briefs”. The word “brief”, however, has another meaning – it refers to a short synopsis of a case. Instead of reading a 25 page case, for example, many attorneys will ask their clerks (or their associates) to summarize a case – or to “brief” the case.

What does the orange cover on a brief mean?

For instance, an orange cover tells the Court that the brief is in opposition to a writ of certiorari. A light blue cover identifies a merits brief of Petitioner or Appellant, and a light green cover is attached to briefs of amicus curiae in support of Petitioner or Appellant.

What is saddle stitched in a brief?

Briefs should be saddle-stitched, which is the neat, center-spine stapling that is usually used for pamphlets, or perfect-bound, which is like the binding that joins together the pages of a book.

What font is used for legal briefs?

As far as the U.S. Supreme Court is concerned, legal briefs must be written in 12-point type, in Century Schoolbook font. This is referred to as the “Supreme Court font.”

What is the last thing a legal brief should do?

The last thing a brief should do is anger or bore the judge reading it.

What is a motion for summary judgment?

A motion for summary judgment explains to the court why it is impossible for the opposing party to win the case, and requests that it be dismissed. Upon the court’s granting of summary judgment, the case is then effectively over. Legal briefs are also filed with the appellate court when an appeal has been entered.

What is legalese writing?

Legalese. It used to be that simple legal writing was frowned upon by the courts. To compensate, attorneys began writing in “legalese,” which is legal writing that is convoluted and confusing to most people. Terms like “heretofore,” “aforementioned,” and “thereafter” are considered legalese.

What is the common mistake in drafting a brief?

Another common mistake is a failure to back up good arguments with good citations. Often, the person drafting a brief will cite case law and assume the judge is familiar with the facts of that case.

Why is the date of a memo important?

The date is important because it lets the reader, who may not be the original recipient, know when the memorandum was written. It is assumed that all of the law cited within the memo is current as of that date. The "re:" line is important because it instantly focuses the reader’s attention.

Why is it important to include a statement of facts in a memo?

The reason why a statement of the facts is essential is because the judge who is familiar with your case may not be the person reading the memo and writing the resulting decision.

What is the re: line in a memo?

Often, internal memoranda are kept in research files for future reference – and thus, the "re:" line offers a quick guide to the memo’s contents. The memo should begin with a statement of the issue, which is the legal question that the memorandum addresses. For example:

How to cite more than one state court decision?

Citation of more than one state court decision is similar – always begin with the highest state court, then the appellate level, and, finally, the trial court level. The decisions from each level should be listed in reverse chronological order.

What is the order of citation of authorities?

Quite often, attorneys and other legal practitioners will wish to cite more than one judicial decision, statute, or other legal source to support their argument. A list of two or more citations is called a string citation.

How to write a case brief?

When writing a case brief, begin with the name and citation of the case. The first section of the case brief usually contains a description of the facts of the case. The second section will contain a brief description of the procedural history of the case, that is, a short description of what happened at the trial level and at the appellate level, ...

Why is the inclusion of facts important in a memo?

Because the resolution of a legal issue can turn on one seemingly minute fact, the inclusion of facts is often useful. The largest portion of the memo is the discussion section. It is in this section that all legal analysis occurs, as well as any application of the law to the facts giving rise to the issue.

What is a brief in opposition?

A Brief in Opposition gives you the opportunity to correct the Petitioner’s misstatements and demonstrate to the Court the most appropriate disposition for the Petition. A Brief in Opposition to the Petition for Writ of Certiorari may be filed by the Respondent in any case, but is not mandatory except in a capital case or when ordered by the Court.

What to do if your opponent files a petition for certiorari?

If your opponent files a Petition for Writ of Certiorari, the best practice is to submit a high-quality Brief in Opposition to explain why the Court should not hear the case.

What is the rule for counsel in a court case?

The Rule continues “Counsel are admonished that they have an obligation to the Court to point out in the brief in opposition, and not later, any perceived misstatement made in the petition.

What happens if the respondent has not filed a response?

If the Respondent has not filed a response, or has affirmatively waived the right to file , and if the Court believes that the Petition may have some merit, the Court may request a response to the Petition.

How long does it take to file a brief in opposition?

A Brief in Opposition must be filed within 30 days after the case is placed on the docket, unless the time is extended. Supreme Court Rule 15.2 states that a “brief in opposition should be stated briefly and in plain terms ….

Does a request mean the court will grant a petition?

A request does not mean that the Court will grant the Petition. Unless a Petition is truly frivolous, the better approach is to submit a carefully prepared, high-quality Brief in Opposition that explains why the Court should not hear the case.

What is the standard format for briefs in Florida?

Briefs must generally be printed or typed on opaque, white, unglossed paper. The paper size should be 8.5 by 11 inches. The paper should have margins of at least one inch on all sides. The lettering should be black. If a brief is typed on a computer, it must be double-spaced and use Times New Roman 14-point font, or Courier New 12-point font. Any headings or footnotes must be the same font and size as the rest of the brief. Although typed briefs must be double spaced, headings, indented quotations, and footnotes can be single spaced.

How long does an answer brief take?

And briefs are usually much shorter, often 20 to 30 pages or less. The answer brief is the next brief. It is filed by the appellee within 20 days after the initial brief, again unless a motion for an extension of time is filed before the deadline. The answer brief responds to the arguments in the initial brief.

What does the appellant want to argue in a brief?

The appellant will want to argue why the lower tribunal ’s decision or judgment should be reversed ( why the lower court “erred”). And the appellee will want to argue why the decision was correct and should be upheld, or “affirmed.”. Again, the initial brief is filed first by the appellant.

How long is an initial brief?

The initial brief is the first brief. It is filed by the appellant who filed the appeal. The appellant’s initial brief is due within 70 days after filing the notice of appeal. An appellant who needs extra time to file the initial brief should file a motion for an extension of time in the appellate court before the deadline for the brief. Motion practice is discussed in Chapter 4 of this Handbook. The initial brief should set out the facts and history of the case in the statement of case and facts section. It should also present legal arguments explaining each reason the appellant believes the decision of the lower tribunal was wrong (i.e., erroneous) and why it should be reversed. The initial brief cannot be longer than 50 pages, not counting the pages used for the Table of Contents, Table of Citations, Certificate of Service, Certificate of Font Compliance and the signature block for the brief’s author. A party can ask the court for permission to file brief longer than 50 pages, but such motions are rarely granted. And briefs are usually much shorter, often 20 to 30 pages or less.

How long is a reply brief in Florida?

The appellant’s reply brief, if any, is due 20 days after the answer brief and responds to the answer brief arguments. The reply brief can be no more than 15 pages long, not counting the pages necessary for the Table of Contents, Table of Citations, Certificate of Service, Certificate of Font Compliance, and the signature block for the brief’s author.

What should be included in an initial brief?

The initial brief should set out the facts and history of the case in the statement of case and facts section . It should also present legal arguments explaining each reason the appellant believes the decision of the lower tribunal was wrong (i.e., erroneous) and why it should be reversed.

What is an initial brief in an appeal?

In most appeals, an initial brief, an answer brief, and a reply brief will be filed, in that order. The appellant, who filed the notice of appeal, will file the initial brief first. Then the other party, the appellee, will respond with an answer brief. Finally, the appellant can respond to the answer brief by filing a reply brief.

What is an appellate brief?

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.

What is the only brief bag allowed to be placed on the desks?

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.

What is a brief called in Scotland?

In Scotland a brief is called a memorial and in Canada it is called a factum. In Australia the tradition regarding briefs is almost identical to England, except that the use of brief bags is relatively uncommon. In Dutch and German, the word brief refers to a regular letter .

What is the role of a barrister in a court case?

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., is performed by a solicitor. The delivery of a brief to counsel gives him authority to act for his client in all matters which the litigation involves.

What does IRAC stand for in legal?

IRAC is an Abbreviation of Issue, Rule, Analysis (or some say Application), Conclusion. When a potential client has an interview with an attorney and tells of the legal problem, the attorney, or office paralegal, will review prior case law to find out if the client does indeed have a problem that has legal remedy.

What is a red bag?

The red bag is embroidered with the junior barrister’s initials and a handwritten note of thanks is usually placed inside the bag. 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 .

Why is the word "trial" different from the word "trial"?

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.

Jeanne Marie Collachia

I cannot speak for California, but in general the concept of winning a case by default does not exist on appeal. Even if the appellee totally fails to participate, the appellant still must persuade the court that the judgment appealed from is incorrect and should be reversed. In your case you have no remedy because you have not been harmed.

Joshua Sachs

No. You cannot "automatically" win an appeal. The court of appeal presumes the court below was correct, so your brief has to demonstrate that you are entitled to the relief you seek. The opposing party does not have to file a brief at all and you could still lose your appeal. As indicated by my colleague, the due date for a brief is not firm.

Catherine Elizabeth Bennett

No. Actually, the court gives either party an automatic 15 day extension after notice is mailed. If respondent then fails to file a brief the court may decide the appeal on the record, the appellant's opening brief, and any oral argument by the appellant, i.e., the court will consider the merits of the appeal based upon the record before it.