Brief

What does Brief mean in American Law?

The definition of Brief in the law of the United States, as defined by the lexicographer Arthur Leff in his legal dictionary is:

Originally any writing, especially in letter form; also any summary or condensed statement. Cf. briefing a case. Today the term refers to a formal legal genre: a written argument presented to a court by counsel, most commonly to an appellate court. While the precise format varies from jurisdiction to jurisdiction, the typical brief includes a summary of previous legal proceedings; a short statement of the relevant facts found below; a formulation of the questions properly on appeal; an argument in favor of one’s position, citing relevant legal authorities, statutory and decisional; and a conclusion stating the relief sought. See, e.g., Fed. R. App. P. 28.

In some jurisdictions trial briefs are sometimes required to be submitted to the judge before a trial. They constitute a statement of what is sought to be established including a summary of evidence to be presented and legal rules being relied upon. (Such a document may also be prepared by a lawyer for his own use in organizing his trial presentation.) In England, a document from solicitor to barrister instructing him about a case to be litigated, including the whole file of relevant documents.

Grammar

This term is a noun.

Etimology of Brief

(You may find brief at the world legal encyclopedia and the etimology of more terms).

from Latin breve (genitive brevis), noun derivative of adjective brevis (see brief (adj.)) which came to mean “letter, summary,” specifically a letter of the pope (less ample and solemn than a bull), and thus came to mean “letter of authority,” which yielded the modern, legal sense of “summary of the facts of a case” (1630s).

Meaning of Brief in Spanish

Description/ translation of brief into Spanish: escrito, memoria (presentada por las partes para fundamentar un recurso); brief in opposition (in the law of the United States/ en el derecho de los Estados Unidos): escrito de oposición (a un recurso); reply brief: escrito de réplica[1]

Note: for more information on related terms and on the area of law where brief belongs (criminal procedure law), in Spanish, see here.

Notes and References

1. Translation of Brief published by Antonio Peñaranda

Resources

See Also

Brief in Law Enforcement

Main Entry: Law Enforcement in the Legal Dictionary. This section provides, in the context of Law Enforcement, a partial definition of brief.

Resources

See Also

• Law Enforcement Officer
• Police Officer
• Law Enforcement Agency

Further Reading

• brief in A Dictionary of Law Enforcement (Oxford University Press)
• brief in the Encyclopedia of Law Enforcement
• A Treatise on the Police of the Metropolis

English Legal System: Brief

In the context of the English law, A Dictionary of Law provides the following legal concept of Brief :

A document by which a solicitor instructs a barrister to appear as an advocate in court. Unless the client is receiving financial support from the Community Legal Service, the brief must be marked with a fee that is paid to counsel whether he is successful or not. A brief usually comprises a backsheet, typed on large brief-size paper giving the title of the case and including the solicitor’s instructions, which is wrapped around the other papers relevant to the case. The whole bundle is tied up with red tape in the case of a private client and white tape if the brief is from the Crow

(noun) First Meaning: UK instructions to a barrister – also (verb). Second Meaning: US written statement of facts for a court

Brief Meaning in the U.S. Court System

A written statement submitted by a party in a case that asserts the legal and factual reasons why the party believes the court should decide the case, or particular issues in the case, in that party’s favor.

Meaning of Brief in the U.S. Legal System

Definition of Brief published by the National Association for Court Management: A written statement prepared by one side in a lawsuit to explain to the court its view of the facts of a case and the applicable law.

Meaning of Brief in Political Science

A very basic notion of Brief related to the United States’election law is provided here: A document that describes the main arguments with supporting statements and evidence

Meaning of Brief in the Past

The name of a kind of papal rescript. Briefs are writings sealed with wax and differ in this respect from bulls, (see this concept in the corresponding entry on this reference) which are scaled with lead. They are so called, because they usually are short compendious writings. Ayl. Parerg. 132. See Breve. [1]

Resources

Notes and References

1. Partialy, this information about brief is based on the Bouvier´s Law Dictionary, 1848 edition. There is a list of terms of the Bouvier´s Law Dictionary, including brief.

See Also

Brief (Appellate Process)

Brief

Brief

Brief