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A lawyer is a person who writes a 10,000-word document and calls it a 'brief'.
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Legal Definitions - legal brief
Definition of legal brief
A legal brief is a formal written document submitted to a court by a lawyer or party involved in a legal case. Its primary purpose is to present legal arguments and persuade the court to rule in favor of the party submitting it. A brief typically outlines the relevant facts of the case, discusses applicable laws and precedents, and explains how those laws support the party's position.
Here are some examples illustrating the concept of a legal brief:
Appealing a Verdict: After a jury found a company liable for patent infringement, its legal team decided to appeal the decision to a higher court. Their lawyers prepared an extensive appellate brief, arguing that the trial judge had misinterpreted a key patent law and that certain evidence was improperly admitted. This brief detailed the legal errors they believed occurred during the trial and cited previous court decisions to support their claim that the verdict should be overturned.
Explanation: This example demonstrates a legal brief used in an appellate context, where a party seeks to convince a higher court that a lower court made a legal mistake. The brief serves as the formal written argument for why the previous decision should be reversed.
Requesting Dismissal of a Lawsuit: During the early stages of a civil lawsuit, a defendant's attorney filed a motion to dismiss, accompanied by a supporting legal brief. In this brief, the attorney argued that the plaintiff's complaint failed to state a valid legal claim, meaning even if all the plaintiff's allegations were true, they did not constitute a violation of law. The brief cited specific statutes and case law to demonstrate why the lawsuit should not proceed.
Explanation: Here, the legal brief is used at the trial court level to support a specific request (a motion) made to the judge. It provides the legal reasoning and authority for why the judge should grant the motion, in this case, dismissing the entire lawsuit.
"Friend of the Court" Submission: In a landmark case concerning environmental regulations, several non-profit environmental organizations, though not direct parties to the lawsuit, submitted an amicus curiae brief (Latin for "friend of the court"). Their brief provided the court with additional scientific data and policy arguments, explaining the broader societal impact of the regulations and urging the court to uphold them. They believed their unique perspective would assist the court in making an informed decision.
Explanation: This illustrates a type of legal brief submitted by an entity not directly involved in the dispute but with a strong interest in the outcome. The "amicus brief" offers additional information, expertise, or perspectives to help the court understand the broader implications of its decision.
Simple Definition
A legal brief is a written document submitted to a court by a party in a legal case. It presents that party's legal arguments, supported by facts and relevant law, to persuade the court to rule in their favor.