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Home » Law Dictionary » B » BRIEF

BRIEF

TheLaw.com Law Dictionary & Black's Law Dictionary 2nd Ed.

An abridged or an abbreviated statement of a party’s case used to submit a party’s legal argument to a court. A trial brief given to a trial court should contain (i) a statement of the names of the parties and where they reside, (ii) pleadings and the purpose of the brief, (iii) a brief chronological review of the facts, (iv) arguments why the party should prevail and supported by legal authority and precedent which would include statutes, regulations and case law and precedents. An appellate brief contains much of the same although as applicable to the appeals process of a case that has already been tried. These documents are usually not short or brief and are typically quite voluminous.

Law Dictionary – Alternative Legal Definition

In general. A written document; a letter; a writing In the form of a letter. A summary, abstract, or epitome. A condensed statement of some larger document, or of a series of papers, facts, or propositions. An epitome or condensed summary of the facts and circumstances, or propositions of law, constituting the case proposed to be set up by either party to an action about to be tried or argued. In English practice. A document prepared by the attorney, and given to the barrister, before the trial of a cause, for the instruction and guidance of the latter. It contains, in general, all the Information necessary to enable the barrister to successfully conduct their client’s case in court, such as a statement of the facts, a summary of the pleadings, the names of the witnesses, and an outline of the evidence expected from them, and any suggestions arising out of the peculiarities of the case. In American practice. A written or printed document, prepared by counsel to serve as the basis for an argument upon a cause in an appellate court, and usually filed for the information of the court. It embodies the points of law which the counsel desires to establish, together with the arguments and authorities upon which he rests his contention. A brief, within a rule of court requiring counsel to furnish briefs, before argument, implies some kind of statement of the case for the information of the court Gardner v. Stover, 43 Ind. S56. In Scotch law. Brief Is used in the sense of “writ,” and this seems to be the sense in which the word is used In very many of the ancient writers. In ecclesiastical law. A papal rescript sealed with wax. See Bull. Brief a l’evesque. A writ to the bishop which, in quare impedit, shall go to remove an incumbent, unless he recover or be presented fendente lite. 1 Keb. 386. Brief of title. n practice. A methodical epitome of all the patents, conveyances, incumbrances, liens, court proceedings, and other matters affecting the title to a certain portion of real estate. Brief out of the chancery. In, Scotch law. A writ issued in the name of the sovereign in the election of tutors to minors, the cognoscing of lunatics or of idiots, and the ascertaining the widow’s terce; and- sometimes in dividing the property belonging to heirs portioners. In these cases only brieves are now in use. Bell. Brief papal. In ecclesiastical law. The pope’s letter upon matters of discipline.

Related Posts:

  • CASE
  • TRIAL
  • OPENING STATEMENT
  • APPELLEE
  • POINTS AND AUTHORITIES
  • APPEAL

Filed Under: B

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