Writing a legal brief in a civil case

Sua Sponte Brief In the legal system, a brief is a written document advising the court of the legal reasons for the lawsuit or other legal action. In essence, a legal brief makes an argument as to why the party submitting the brief should prevail in the action.

Writing a legal brief in a civil case

How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves.

Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again.

Who will read your brief?

writing a legal brief in a civil case

Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.

What are the elements of a brief? Different people will tell you to include different things in your brief. Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following: Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above.

Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use.

What is the Purpose of a Brief

To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements. At a minimum, however, make sure you include the four elements listed above.

Elements that you may want to consider including in addition to the four basic elements are: In the personal experience of one of the authors, this element was used to label cases as specific kinds e. This element allowed him to release his thoughts without losing them so that he could move on to other cases.

In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements:Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest.

The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. IRAC: How to Write about Legal Cases Leonard Tourney, Gina Genova What differentiates legal writing—good legal writing—from writing on other subjects is not such legalistic phrases as “aforesaid,” “wherein,” “prima facie,”or “cease and desist.”.

Narratives in Law: the Statement of Facts in a Trial Brief. The Statement of Facts in a brief to a court performs specific work: we can think of it as a strategic staging or presenting of facts in a way that addresses the legal issues in a case, without overtly arguing them.

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The term "legal brief" is used loosely to mean any type of written statement that presents law, fact and argument, so the format for a legal brief varies considerably not just among different courts, but also within one jurisdiction.

Sep 02,  · How to Write a Legal Brief.

writing a legal brief in a civil case

In this Article: Understanding the Facts and Legal Issues Researching the Legal Issues Writing Your Brief Community Q&A A brief is a written argument that a lawyer (or party to a case) submits to a court to persuade that court to rule in favor of his client’s position%(). A legal brief is generally prepared for submission to a particular court in a particular case, with the goal of convincing the judge to rule in a particular way on certain issues.

Given this, only someone comfortable with legal research and familiar with the facts of the legal matter should undertake the task of writing a .

How to Write a Legal Brief | leslutinsduphoenix.com