brief

(redirected from briefing)
Also found in: Dictionary, Thesaurus, Medical, Acronyms, Idioms, Encyclopedia, Wikipedia.

Brief

A summary of the important points of a longer document. An abstract of a published judicial opinion prepared by a law student as part of an assignment in the Case Method study of law. A written document drawn up by an attorney for a party in a lawsuit or by a party himself or herself appearing pro se that concisely states the following: (1) issues of a lawsuit; (2) facts that bring the parties to court; (3) relevant laws that can affect the subject of the dispute; and (4) arguments that explain how the law applies to the particular facts so that the case will be decided in the party's favor.

A brief may also contain a synopsis of the evidence and name the witnesses to be presented during the trial. Copies of briefs must be submitted to the court where the case will be heard and to the opposing party.

An appellate brief is a writing that must be filed with an appellate court so that the court may evaluate whether the decision of the lower court should be reversed because of some error or impropriety that occurred during the trial. A statement of the issues presented for review, a summary of how pertinent laws affect the facts, and a statement of the relief being requested are essential elements of an appellate brief. The appellee's brief will argue that the lower court acted properly in its judgment and request its affirmance, while the appellant's brief will attempt to convince the court to reverse or vacate the lower court's judgment because it acted improperly.

See also the Milestones in the Law and Appendix volumes for examples.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.

brief

1) n. a written legal argument, usually in a format prescribed by the courts, stating the legal reasons for the suit based on statutes, regulations, case precedents, legal texts, and reasoning applied to facts in the particular situation. A brief is submitted to lay out the argument for various petitions and motions before the court (sometimes called "points and authorities"), to counter the arguments of opposing lawyers, and to provide the judge or judges with reasons to rule in favor of the party represented by the brief writer. Occasionally on minor or follow-up legal issues, the judge will specify that a letter or memorandum brief will be sufficient. On appeals and certain other major arguments, the brief is bound with color-coded covers stipulated in state and/or federal court rules. Ironically, although the term was originally intended to mean a brief or summary argument (shorter than an oral presentation), legal briefs are quite often notoriously long. 2) v. to summarize a precedent case or lay out in writing a legal argument. Attentive law students "brief" each case in their casebooks, which means extracting the rule of law, the reasoning (rationale), the essential facts, and the outcome. 3) to give a summary of important information to another person. (See: precedent)

Copyright © 1981-2005 by Gerald N. Hill and Kathleen T. Hill. All Right reserved.

brief

1 in England, the papers given to a barrister to conduct a case or the act of instructing.
2 colloquially, a barrister.
3 (US) a document submitted to a court in support of a case.

It usually involves a history of the case in question and presents arguments and authority.

Collins Dictionary of Law © W.J. Stewart, 2006

BRIEF, eccl. law. The name of a kind of papal rescript. Briefs are writings sealed with wax, and differ in this respect from bulls, (q. v.) which are scaled with lead. They are so called, because they usually are short compendious writings. Ayl. Parerg. 132. See Breve.

BRIEF, practice. An abridged statement of a party's case.
     2. It should contain : 1st. A statement of the names of the parties, and of their residence and occupation, the character in which they sue and are sued, and wherefore they prosecute or resist the action. 2d. An abridgment of all the pleadings. 3d. A regular, chronological, and methodical statement of the facts in plain common language. 4th. A summary of the points or questions in issue, and of the proof which is to support such issues, mentioning specially the names of the witnesses by which the facts are to be proved, or if there be written evidence, an abstract of such evidence. 5th. The personal character of the witnesses should be mentioned; whether the moral character is good or bad, whether they are naturally timid or over-zealous, whether firm or wavering. 6th. If known, the evidence of the opposite party, and such facts as are adapted to oppose, confute, or repel it. Perspicuity and conciseness are the most desirable qualities of a brief, but when the facts are material they cannot be too numerous when the argument is pertinent and weighty, it cannot be too extended.
     3. Brief is also used in the sense of breve. (q. v.)

A Law Dictionary, Adapted to the Constitution and Laws of the United States. By John Bouvier. Published 1856.
References in periodicals archive ?
The FAA considers the weather requirement met if the pilot gets a standard briefing within two hours of departure, then an abbreviated briefing thirty minutes before departure if the weather is questionable.
In Minnesota appellate courts, briefing deadlines are triggered by delivery of the transcript, or if no transcript, by the filing of the notice of appeal.
Your opponent has perhaps retained an appellate specialist whose advocacy and writing are marked improvements over the district-court briefing. Or, maybe your opponent makes a case for affirmance on appeal based on several unanticipated alternative bases appearing in the record.
He added that it was the first time that such an open and detailed briefing was given to the upper house of parliament.
He added that it was the first time that such an open and detailed briefing was given to the upper house of parliament."Everyone is very satisfied with army chief's briefing.
Senators held a closed-door meeting at the Senate on Monday to listen to the briefing of government security officials on the martial law declaration in Mindanao.
Model 2, which excludes measures of the relative content of the briefing on each side, estimates that having a greater number of briefs has a positive impact on the probability of obtaining votes.
President-elect Donald Trump has declined several intelligence briefings offered to him and is allegedly receiving an average of only one briefing per week, reports said Thursday.
The rise in the number of amicus briefs, and their importance to the highest courts' consideration of a case on the merits (as well as to the decision to grant discretionary review in the first place), heightens the importance of parties obtaining solid amicus support for their petition and merits briefing, as well as in-house counsel understanding how to most effectively approach outside groups about providing support in their cases.
Most of us don't attend formal training programs that drill into us regimented departure briefing procedures until they become second nature.
Welcome to the third issue of the Sudan Law Reform Advocacy Briefing. This Briefing is published quarterly to highlight and reflect on law reform developments and issues critical to the promotion and protection of human rights in Sudan.
He covers briefing and computerization, the brief as information system, visual databases, expressing briefs spatially as graphs, relationship matrices, brief and design, feedforward, feedback, constraints, analysis and simulation, and the future of computer-mediate briefing.