A brief is a written argument that a lawyer or party to a case makes in order to get the court to rule in their favor.A brief should identify the legal issues, present the facts, and request that a court follow a particular course of action, such as granting a motion during trial or reversing a lower court's decision on appeal.The required procedural criteria must be met by the court to accept a brief.
Step 1: You can read the case file.
Information about the facts that you or your firm have gathered through conversations or meetings with your client should be in the case file.These facts are critical to your understanding of the legal issues in the case.If you don't read the entire file carefully, you could end up reaching an incorrect conclusion.Don't dismiss the file out of hand.If you can't read a doctor's report, you should seek help.
Step 2: You should review the court record.
The court record contains all of the pleadings filed with the court, including the original complaint, any answer to that complaint and any number of other types of motions.Depending on the stage of your case, there may not be a court record yet.Understand the facts, procedural history, legal issues and your opponent's position if you read a court record.
Step 3: A concise fact list.
Take the time to prepare a list of the facts.Facts relevant to legal issues should be included.It would not be relevant to include information about the opposing party's personal life if it was related to why he or she did not turn over the documents.The facts should be organized into columns of pro and con.You can put a star next to the facts that are bad for your case.Take note of the source of each fact on your list so that you can cite it in your brief.If you get a particular fact from the record, you should state it on page 5.
Step 4: You can make a list of legal issues to research.
You can identify legal issues that are relevant to the brief by reviewing the case file and court record.In the course of defending a lawsuit, there could be an issue with the other party refusing to turn over important documents.The issue would be if the other party is required to turn over the documents.Consider what questions you would like to ask in the course of your research for each legal issue.
Step 5: An overview of the law is needed.
You will need to identify the relevant cases and statutes to research the legal issues in your case.Sources that give an overview of different areas of the law are a starting point for gathering this information.Ask your attorneys if they have worked on the same legal issues you will be addressing in your brief.If that is the case, ask to review the briefs or memos they have prepared.State Bar associations have recently published practice manuals.These can be found in law libraries and online through legal research subscription services.Take note of citations of statutes and cases relevant to the issues in your case as you review these materials.You will get a starting point for conducting your research from these.
Step 6: Look for statutes that are relevant.
You should look at the statutes applicable to the issues in your case once you have identified them.You can find statutes online through subscription based websites.The U.S. code can be searched online for free.If you can't find the text of a statute online, look for it in a law library.Annotated statutes give an explanation of the law and a listing of relevant cases.
Step 7: Research the law.
Through your review of briefs, memos, practice manuals and annotated statutes, you can find and read relevant cases.You can find cases online through subscription based websites.If you don't have a subscription to these services, look for your cases on Google Scholar, which contains an extensive database of state and federal cases that can be accessed online free of charge.The holding supports your position in some cases.There are cases with holdings that are not helpful to your position.
Step 8: Don't let your cases get away from you.
If you cite any cases in favor of your position, you must caveat them to make sure they are still good law.You can Shepardize online by looking up the citation for your case on Shepard's by LexisNexis, KeyCite by WestLaw or similar services.Shepardize in print with the help of the law library.The cases that have been overruled are not binding on the current court and should not be used in a brief.
Step 9: The type of brief you are writing will dictate your approach.
There are two categories of court briefs.A trial brief is usually submitted in support of or in opposition to a motion filed with the court.In support or in opposition to an argument that a lower court's decision must be overturned, an appellate brief is submitted to a court of appeals.Appellate briefs are more formal than trial briefs.They require a title page, table of contents and authorities, as well as statement of facts, questions presented and legal argument.The procedural requirements of the appeals court will affect the requirements for an appellate brief.Unlike appellate briefs which generally conform to a set format, trial briefs vary depending on the kind of motion the brief is intended to support and the type of court to which it is being submitted.A brief in support of a motion for summary judgment in a civil case may look different from a similar one in the criminal case.If you are preparing a trial brief, you should ask your lawyer for a template of a motion to the same court.The lawyer should specialize in the area of law covered by the brief.Use this template as a starting point for drafting your brief, and always check the formatting requirements of your court to ensure you are complying with court rules.
Step 10: Refer to the court's procedural requirements.
The type of brief and the court to which it will be submitted will affect the format of the brief.For the rules that apply to your brief, you should read the court manual for your court.The court requires a legal citation format.In California courts, you have to use the "California Style Manual" instead of the bluebook format.In Alabama, all briefs must be submitted in the size 13 "Courier New" style.Follow all the rules.Briefs that do not comply with the rules may not be accepted by the court.
Step 11: There is a title page.
The person who filed the brief is named in the title page.The rules of the court set out the contents of a title page.It includes: the court name, jurisdiction, case number, title of the case, and the date the document was filed.A title page is not required for a short trial brief.Refer to the rules of your court before leaving it out.
Step 12: A table of contents is needed.
There must be a page reference for each heading in the "Table of Contents".A table of contents is not required for a short trial brief.Refer to the rules of your court before leaving it out.
Step 13: Pick out the authorities in your table.
The "Table of Authorities" is usually next to the table of contents.The authority cited in the brief is listed.Group the authorities according to statutes, rules and cases.The authorities are listed in alphabetical order.The full citation and cross reference must be included in the brief where the authority is cited.You don't need a table of authorities if you are preparing a trial brief.Refer to the rules of the court you are in.
Step 14: Determine the basis for jurisdiction.
A jurisdictional statement tells the court what authority it has to hear the case.The power to hear the case comes from the statute or source of law.The court has jurisdiction under 42 U.S.C.1983.A jurisdictional statement is not usually included in trial briefs.Take into account the rules of your court and legal issues in your case to decide whether or not to include one.
Step 15: The facts and procedural history need to be set forth.
In the statement of the case section, write out the facts and procedural history relevant to your case.In presenting the facts, be clear, concise and persuasive without including language that implies a legal conclusion, such as the word "negligently" to describe how something was done.In a case where a person was injured due to an ice hazard on a ski trail, the facts show that the person could not have avoided his injury if he had been more careful.He was unable to avoid the dangerous ice hazard because of the glare.In describing the procedural history, state the date on which a lawsuit was initially filed, the legal basis for the lawsuit or charges, and the relevant motions that have been filed in the case of a trial brief or the rulings by the trial court and previous appellate courts.
Step 16: The legal questions should be present.
The questions presented frame the issues for the court.The legal issues at stake should be identified with sufficient reference to the facts of the case to make the matter concrete and compelling.Each question starts with the words "whether" or "does".Does the public burning of an American flag during a political demonstration constitute free speech subject to the protection of the First Amendment?You don't need to include a questions presented section if you are preparing a trial brief.Look at other similar briefs submitted to the same court and the court rules to decide whether to include one.
Step 17: Discuss your argument.
A concise summary of what you will argue is what the section called "Summary of Argument" should contain.A shorter version of your argument is what this is.The most persuasive parts of your argument should be included.Don't repeat the point headings from the table of contents.The same structure will be used in your argument.This section is often not included in trial briefs.
Step 18: Write the whole argument down.
The heart of the brief is the "Argument" section.You will apply the legal principles to the facts when analyzing the law that applies to your case.The argument section should begin with a point heading.The main thrust of the argument should be stated in one sentence in order for the court to understand it.The point heading should emphasize why or why not the trial court decision should be overturned.The trial court had to intervene because toNY's statement was a violation of the WONG SUN DOCTRINE.A point heading does not need to be capitalized and should emphasize why the motion should be granted or denied in a trial brief.Even though the prior testimony exception to the hearsay rule may apply, the court must not admit the testimony of the witnesses because of unusual circumstances.Begin each section with a paragraph that summarizes the argument.You should make your strongest points first in the argument.Cite the facts and the law to support your statements.Emphasizes their similarities to your case when citing cases in support of your position.Anticipate what your opponent will say.If you find a case that supports your opponent's position, distinguish it from your case.Before you respond to your opponent's argument, state your case.It's important to be as concise as possible.When the same issues could have been covered more succinctly, judges don't like having to read long briefs.
Step 19: Make sure to proofread and edit.
Make sure that the parts of your brief that do not make sense are read out loud.Any edits that the person feels are necessary should be recommended by someone else.