What is an appellate brief?

Asked by: Gabriel Flatley I  |  Last update: July 5, 2022
Score: 4.8/5 (67 votes)

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.

What should an appellate brief contain?

All appellate briefs should contain citations to the appellate record for any facts discussed, whether in the facts section or the argument. All briefs should also contain citations to legal authority (statutes and case law) in the argument section.

What does an appellate brief look like?

Draft a powerful opening sentence that explains why you should prevail. Tell the court exactly what you want (i.e., the remedy you seek) Briefly present the most persuasive facts and legal authority that support your position. Include a theme that connects all of your arguments.

What is the difference between a trial brief and an appellate brief?

A trial court brief is a memorandum of law submitted by an attorney to a trial court. In the memorandum, the attorney introduces the legal authority and analysis that supports a position advocated by the attorney. An appellate court brief is the written legal argument submitted to a court of appeals.

How do you write a good appellate brief?

Top 10 Tips for Writing a Persuasive Appellate Brief
  1. Know Your Audience. ...
  2. Tell a Story. ...
  3. Don't Be Afraid to Use Visual Aids. ...
  4. Be Concise. ...
  5. Don't Ignore Bad Facts or Law. ...
  6. Know the Specific Relief You Are Seeking and Why Your Client Should Prevail. ...
  7. Avoid Using Jargon.

How to Write an Appellate Brief

33 related questions found

How long does it take to write an appellate brief?

Well 10-500 hours should cover it. It really varies on case by case basis. An appeal for a simple issue is quick versus an appeal for a murder case were numerous errors were committed...

Who writes briefs?

Briefs are the written documents in which the attorneys in a case present their legal arguments to the court.

What are the two types of briefs used in law?

Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding. Amicus briefs refer to briefs filed by persons not directly party to the case. These are often groups that have a direct interest in the outcome. Appellate briefs refer to briefs that occur at the appeal stage.

What type of authority is an appellate brief?

An appellate brief is a document submitted to an appeals court by a lawyer. It contains all the legal arguments as to why the lawyer's client should win the case. Its purpose is to persuade the judges to rule in the client's favor.

How do you conclude an appellate brief?

The required conclusion section, itself, should be as short, plain, and direct as possible, such as, “the trial court's ruling should be affirmed.” There is no need, as a matter of substance or persuasiveness, for the archaic legalese of “for all of the foregoing reasons” or “we respectfully pray that this Honorable ...

What is the difference between a motion and a brief?

As a general principle, a motion asks a court to do something or to not do something. A "memorandum of law" or a "memorandum of points and authorities" "briefs" the court, i.e., explains to the court the legal authority, consisting of both decisional and statutory law, which supports the moving party's request.

How do you argue an appeal?

Start Strong and Focus on the Important Points. When arguing an appeal, generally both sides have about 15 minutes to argue their side. If you are the appealing party, you will be able to argue your side first, but will have to ask the Court to allow you to reserve some of your time for rebuttal of the opposing side.

How long should a brief be?

Keep It Brief

A briefing document should be no longer than two pages. It should get directly to the matter of the issue and provide a thorough overview without being lengthy.

What sections must an appellant include in its appellate brief?

(1) the jurisdictional statement; (2) the statement of the issues; (3) the statement of the case; and (4) the statement of the standard of review. (c) Reply Brief. The appellant may file a brief in reply to the appellee's brief. Unless the court permits, no further briefs may be filed.

Is the appellee the plaintiff?

The designation as appellee is not related to a person's status as plaintiff or defendant in the lower court. Another name for appellee is respondent.

What are the three levels of legal authority?

Hierarchy of Courts

There are three levels of court: trial, appellate, and court of last resort. Trial is self-explanatory-- it's the basic level, where the action is first brought.

What are the 3 types of briefs?

Different types of briefs
  • Classic brief. These were popular in the fifties and eighties and are now lovingly called 'grannie pants'. ...
  • G-string. Shaped like a thong (no bum coverage) but at the sides and back elastic is used instead of fabric. ...
  • High waist brief. ...
  • Hipster. ...
  • Tanga. ...
  • Tap pants. ...
  • Thong.

What is the purpose of a brief?

A brief is a report to someone, either written or verbal to provide information so they are up to date on an issue and give them the information they need to know to make an informed decision for example, approve a course of action, sign a letter, ect...

Can you always appeal a court decision?

Section 100 of the Civil Procedure Code provides that an appeal can be moved to the High Court from every decree passed in appeal by any subordinate Court if the High Court finds that the case includes a substantial question of law.

Why are briefs called briefs?

The designer of the new style was reportedly inspired by a postcard he had received from a friend visiting the French Riviera depicting a man in a very short, form-fitting bathing suit. 30,000 pairs were sold within three months of their introduction. In the UK, briefs were first sold in 1938.

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.

What are briefs in court?

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.

How long should it take a lawyer to write a brief?

It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete.

Are legal briefs effective?

An excellent legal brief can put a judge on your side of an issue before you ever step foot in a courtroom. On the other hand, there is no quicker way to turn a judge against you than to misrepresent the state of the law in your brief.