What is a brief in legal terms?
Asked by: Deborah Stracke | Last update: April 16, 2025Score: 5/5 (55 votes)
The word "brief" has two general meanings in legal parlance. As a noun it can be the written argument a lawyer files with a court in support of his or her client's case. As a verb (as used here), "briefing the decision" means to prepare a short summary of the court's written decision in a case.
What is a legal brief and why is it important?
A brief is a written legal argument presented to the court with the purpose of convincing the judge to rule in favor of your client. A brief can take various forms based on the nature and stage of the litigation.
What is the difference between a case and a brief?
A brief is a written summary of the case. To prepare one, you must distill the case's most important parts and restate them in your own words.
Is a brief the same as a pleading?
Pleadings: Written statements filed with the court that describe a party's legal or factual assertions about the case. Pleadings may include a complaint, an answer, a motion, or a brief.
What is another word for legal brief?
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.
How to Brief a Case
What is a brief in court terms?
A brief is a written argument submitted to the court. Lawyers often prepare briefs which highlight and clarify certain information or provide legal comparisons in an attempt to persuade the courtroom to rule in favor of that lawyer's client.
Who can write a legal brief?
Unless you're a brand new attorney working at a solo shop that you opened yesterday, I guarantee that you are not the first person within your firm to write a legal brief. In fact, most firms have brief templates that they like associates and paralegals to use time and time again.
Why is it called a brief?
The Meaning and Origin of 'Brief'
The French word derives from Latin brevis, nominally meaning "summary" or "short document" and adjectivally "short." Fittingly, both English words denote shortness or conciseness—chiefly in speech or writing, or in regard to time (as in "a brief description" or "a brief visit").
Are briefs public record?
Briefs, motions, pleadings and related orders are generally the most easily accessible court documents. They can be found in a variety of free and fee-based sources online, as well as in compiled sets of records and briefs (see section III).
What does a brief look like in law?
A complete case brief includes all that is relevant to the court's decision: who the parties are, what they want, how the trial and any previous appellate courts responded to the parties' arguments, the relevant facts, the issue, the court's holding, and the court's reasoning.
How long should a legal brief be?
(4) If a party uses a form brief approved for use by the Judicial Council, the brief, including any attachments, may not exceed 25 pages in length. Attachments must comply with the formatting requirements stated in (c)(1) through (c)(7).
Who uses a brief case?
Lawyers commonly use briefcases to carry briefs to present to a court, hence the name. Businesspeople and other white collar professionals also use briefcases to carry papers, and since the 1980s, electronic devices such as laptop computers and tablet computers.
Is a brief the same as a motion?
Think of the motion as the request by itself. The reasoning for the request (the argument) is a separate document. That is the Brief or, in lieu of the brief, Points and Authorities. Some motions may be governed by specific standards set forth by court rule or statute.
Why is it necessary to ask for a brief?
For any communication project—writing, editing, website development, strategy development, design, advertising, branding, video production—a clear brief is essential. Actually, it's important for any type of project. It sets out the objectives and expectations. It provides the motivation and sparks inspiration.
Are legal briefs justified?
For legal documents, some lawyers prefer justified text (also called “fully justified” text) and others prefer left-aligned text (also called “left-justified” text).
What are the two types of legal briefs?
Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding. Amicus briefs are briefs filed by persons not directly party to the case. These are often groups that have a direct interest in the outcome. Appellate briefs are briefs that occur at the appeal stage.
What is a brief in a lawsuit?
A case brief is a dissection of a judicial opinion -- it contains a written summary of the basic components of that decision.
Do judges read briefs?
"Usually, I will come on the bench with my mind made up' said Judge Gage. "I've read the briefs before I come on the bench. I'm usually just looking for counsel to tell me where I'm wrong."
Can you secretly record in public?
California requires the consent of all parties, with a minimum consent being the notification that the parties are being recorded in a confidential conversation with an audible beep at particular intervals throughout the recording.
What is the point of a brief?
A brief can help you communicate important details to key stakeholders, including the court system or creative teams at agencies. A well-written brief can increase the likelihood that your project will be successful.
What is the difference between a brief and a pleading?
A brief is the legal argument in support of a motion or an appeal, and the term normally used in appellate practice. A pleading refers to the complaint or answer in the case. The memo of law is the legal argument with cases/statutes as applicable offered in support of the motion.
What is the point of briefs?
Unlike boxer shorts, briefs hold the wearer's genitals in a relatively fixed position, which make briefs a popular underwear choice for men who are participating in athletic activities or who prefer more support than loose-fitting underwear can provide.
What is the purpose of the brief?
Purpose. Business briefs are written to inform a decision-maker about an issue. The goal is to present the key facts and considerations in a format that is concise yet complete.
Can you write a legal document without a lawyer?
Although you don't have to hire a lawyer, you should. Entering into a legally binding agreement isn't something you should take lightly. Signing a document without fully comprehending the terms or your rights is dangerous. It can lead to significant unintended consequences and time-consuming legal battles.
Is a brief a legal document?
The word "brief" has two general meanings in legal parlance. As a noun it can be the written argument a lawyer files with a court in support of his or her client's case. As a verb (as used here), "briefing the decision" means to prepare a short summary of the court's written decision in a case.