This essay focuses on written legal argument. Briefs of this kind are therefore gear to presenting the issues involve. The case from the perspective of one side only.
CASE:Brief Block v. Rutherford 468 U.S. 576 (1984) How To Brief a Case Confusion often arises over the term “legal brief.” There are at least two different senses in which the term is used. Appellate brief An appellate brief is a written legal argument present to an appellate court. Its purpose is to persuade the higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore gear to presenting the issues involved in the case from the perspective of one side only. Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raise in a case. Unfortunately, they are rarely publish.
. The party losing in this appellate court can request that the case be review by the Supreme Court, but, unless certain special circumstances apply, has no right to a hearing. These two procedures, appeals and petitions for certiorari, are sometimes loosely group together as “appeals.” However, there is,written legal argument as shown, a difference between them, and you should know it.
The person who must respond to the petition, that is, the winner in the lower court, is called the respondent. A person who files a formal appeal demanding appellate review as a matter of right is known as the appellant. His or her written legal argument opponent is the appellee. The name of the party initiating the action in court, at any level on the judicial ladderThe Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the full texts of briefs relating to a very few of the many cases hear by this court.
Supreme Court Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42). Student brief A student brief is a short summary and analysis of the case prepare for use in classroom discussion. It is a set of notes, present in a systematic way.