Legal briefs are written arguments that lay the groundwork for a party’s arguments in a trial, including case citations and analysis. Both parties exchange briefs before the trial, and non-parties can file amicus curiae briefs. Each jurisdiction has its own rules for formatting and filing briefs, and a poorly formatted brief can delay or dismiss a case. Briefing a case involves condensing a judicial opinion into a few paragraphs of actionable information.
Legal arguments are an essential part of any common law process. Some arguments are oral, such as those delivered in a trial, while others are written in what is known as a legal brief. The brief lays the groundwork for a party’s arguments for the trial and almost always includes case citations and analyzes to support the party’s view of the facts. Lawyers must file their briefs with the court and must send copies to all other parties well in advance of the actual trial date.
The legal brief is a party’s first opportunity to frame the dispute in a legal argument. Briefs typically include a statement of facts, a recital of the relevant law, and a list of cases that have interpreted that law. They state a party’s argument, essentially telling the court how the court should decide the matter. Both parties to a trial write legal briefs outlining their respective positions and must exchange these briefs before the trial begins. This way, each side is prepared for the other’s arguments and can plan the process accordingly.
Besides promoting fairness between the parties, pleadings also play an important role for judges. Most judges have a large caseload and hear cases that touch on many different types of law. Receiving briefs from both parties on the specific laws at issue in a given case focuses the judge’s attention and serves as an introduction to the issues at hand.
Most courts also allow non-parties to file legal briefs regarding how a given dispute should be resolved. Non-partisan briefs are called amicus curiae briefs. They are typically filed by parties that have a stake or interest in the outcome and are common in high-profile cases. Whether a court will accept or entertain an amicus curiae brief is generally a matter of discretion.
Each jurisdiction, and within each jurisdiction, some individual courts, have their own rules on how documents must be formatted, when they must be filed, and whether response documents or amicus curiae documents are permitted. District courts, county courts, appellate courts, and supreme courts all have unique rules for creating and filing briefs. A legal brief of a party that is not formatted or filed properly can result in the delay of the trial or the dismissal of the case.
The legal brief may be called different things in different jurisdictions. In some courts, particularly those of Canada and Australia, a legal brief may be called a “factum” or “memorandum of law”. As long as a document establishes the basic tenets of a case and is filed with the court in anticipation of trial, it is synonymous with a “legal summary,” no matter what it’s called.
However, not all legal information is done in the context of a trial. In its most basic sense, to summarize something is simply to extract the key elements from it to create a concise summary. Lawyers and law students often compose short cases that summarize individual court decisions, whether for personal use or for law practice. Briefing a case usually involves condensing a significant judicial opinion into a few paragraphs of actionable information. A short case is never filed with a court.
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