A brief or factum (latin for "act" or "deed") is a written legal document used in various legal adversary systems that is presented to a court arguing why the party to the case should prevail. In England and Wales the phrase refers to the papers given to a barrister when they are instructed. Critical legal studies Jurisprudence Law (principle) Legal research Letter versus Spirit List of legal abbreviations Legal code Pointless law Natural justice Natural law Philosophy of law Religious law External links Wikibooks Wikiversity has more about this subject: School of Law Look up law in Wiktionary, the free dictionary. ... ... A court is an official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... Barristers: traditional dress. ...

When they are presented at trial to resolve a disputed point of evidence they are referred to as trial briefs. Alternately, at the appellate level they are referred to as appellate briefs. A legal brief can also be used as part of arguing a pre-trial motion in a case or proceeding. A brief is also sometimes called a memorandum of law.

The brief or memorandum establishes the legal argument for the party, explaining why the reviewing court should affirm or reverse the lower court's judgment based on legal precedent and citations to the controlling cases or statutory law. When it is a trial or motion brief the brief argues that the court should rule based on previous decisions of controlling courts. In either case the brief may also include policy arguments and social statistics when appropriate, for example if the law is uncertain or broad enough to allow the appellate judge some discretion in his decision making, and an exploration of the consequences of the possible decision outside of legal formalism may provide guidance. Such arguments may also support a legal argument when the purpose of the law at issue may be clear, but the particular application of that law in service of that purpose is in dispute. A court is an official, public forum which a public power establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... The phrase lower court has several possible meanings in English: In reference to an appeal, the lower court is the court whose decision is being reviewed. ... A judgment or judgement, in a legal context, is synonymous with the formal decision made by a court following legal proceedings. ... Precedent is the principle in law of using the past in order to assist in current interpretation and decision-making. ... For the thoroughbred, see Citation (horse). ...

The party filing the appeal — called the petitioner or appellant, who is attempting to convince the appellate court to overturn the lower court decision — is responsible for submitting his brief first. The responding party — the respondent or appellee, who is satisfied with the lower decision — then files a reply brief within a specified time. Depending on the local rules of procedure, the court may allow or even require the parties to then file additional replies to the opposing party's briefs, multiplying the back-and-forth responses of the parties. Once again depending on local rules, the court may then decide the case purely based on the submitted briefs, or may hear oral argument by the parties. This article is about the legal term. ... In law, an appellant is the party who, having lost their claim in a lower court decision, is appealing to a higher court to have their case reconsidered. ... Oral arguments are verbal presentations to a judge or appellate court by a lawyer (or the party when representing themselves) of the legal reasons why they should prevail. ...

In American courts, the brief typically has the following parts: a table of contents; a table of authorities listing the cases, statutes, and regulations that are cited; a presentation of the issues under review by the court, usually in only one sentence if possible; a statement of the case that presents the relevant facts and the previous history of the case in the lower courts; a summary of the legal standard of review that the appellate court should use in evaluating the decision of the lower court; a summary of the party's argument; and the full discussion of the legal and/or policy arguments explaining why the party believes it should win the case, which will be the most lengthy portion of the brief. The brief may also be accompanied by an appendix that includes copies of the lower court opinions and other documents, or court opinions cited in the brief. The particular required format of briefs is a matter of local court procedural rules. A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ...

In North American law schools, students usually study historical cases by "briefing" them. Law school briefs are shorter than court briefs, but follow a similar structure: presentation of issue, presentation of facts, presentation of legal and policy arguments, and presentation of outcome. In the United States the practice of briefing cases for study began at Harvard Law School in the late 1800's and is a widely accepted pedagogical method among law professors today. Law School is the term used in the United States to indicate an institution where future lawyers obtain legal degrees, mainly teaching using the Socratic method. ... Harvard Law School (HLS) is one of the professional graduate schools of Harvard University. ...

See also

• Amicus curiae brief