what does it mean when your attorney files a brief

by Edd Kuhn Jr. 9 min read

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.

What Is an Anders Brief? An Anders brief is a legal document filed by a criminal defense attorney representing a defendant in his appeal of a criminal conviction if he believes that the appeal would be frivolous.

Full Answer

What does it mean to file a legal brief?

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.

What is a legal brief and a motion?

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.

What are legal briefs used for?

In the Anders brief, the attorney identifies any facts in the record or law that might arguably support the appeal. When the attorney files an Anders brief, he or she must send a copy of the Anders brief and his or her motion to withdraw, if she files one, to the defendant. In either the motion to withdraw or the brief, the attorney will request that the court allow the defendant to …

What are the rules for writing a legal brief?

Jul 07, 2016 · The Answer Brief should only address issues raised by the appellant in the Initial Brief; otherwise the appellant may file a cross-appeal to contest other issues. Motions for extension of time to file briefs are very common and very ordinarily granted, and there may be several granted before a motion for extension may be denied.

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What does it mean when a lawyer writes a brief?

In the United States a brief is a written legal argument that is presented to a court to aid it in reaching a conclusion on the legal issues involved in the case. ... Usually, the first counsel will have an opportunity to file a reply brief.

What does a brief filed mean?

Once the appellate court files the record on appeal, you will have to prepare your brief. A "brief" is a party's written description of the facts in the case, the law that applies, and the party's argument about the issues on appeal. The briefs are the single most important part of the appellate process.

What's the purpose of a brief?

What is the Purpose of 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.Nov 12, 2015

What is a legal brief and why is it important?

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.Apr 6, 2017

What is a brief decision?

A. A case brief is a dissection of a judicial opinion -- it contains a written summary of the basic components of that decision. B. Persuasive briefs (trial and appellate) are the formal documents a lawyer files with a court in support of his or her client's position.

What is the difference between a motion and a brief?

The motion i simply the request to the court to take some action. It may contain some minimal statutes. The brief provides the law and argument for why the court should take the action.Oct 16, 2013

What should be in a brief?

Most creative briefs include the following:A short brand statement.A brief overview of the campaign's background and objectives.Key challenges that the campaign aims to resolve.Target audience for the campaign.Chief competitors.Primary message describing the brand's values and market positioning.More items...•Apr 10, 2018

How long is brief?

Something brief is short and to the point. If you make a brief visit, you don't stay long. If you make a brief statement, you use few words.

What is a brief example?

Brief examples are used to further illustrate a point that may not be immediately obvious to all audience members but is not so complex that is requires a more lengthy example. Brief examples can be used by the presenter as an aside or on its own.

How long is a typical legal brief?

Every brief should include, at a minimum, the facts of the case, the legal issue, the legal principle applied in the case, the holding and reasoning of the majority, and a summary of any concurrences and dissents. Your brief should not exceed 600 words, excluding concurrences and dissents.

How many pages is a legal brief?

(1) A brief may be reproduced by any process that produces a clear, black image of letter quality. All documents filed must have a page size of 8 1/2 by 11 inches. If filed in paper form, the paper must be white or unbleached and of at least 20-pound weight.

What are the six elements of a legal brief?

A comprehensive brief includes the following elements: Title and Citation. Facts of the Case....Title and Citation. The title of the case shows who is opposing whom. ... Facts of the Case. ... Issues. ... Decisions. ... Reasoning. ... Separate Opinions. ... Analysis.