Legal Research Briefs, Legal Memoranda and Legal Writing You have learned in previous chapters that part of the legal profession involves a large quantity of writing. Attorneys took great pains to make language in documents as complicated as possible. One of the reasons legal writing was so complicated was because attorneys wanted to cover their bases and make sure that their documents were as complete as possible. The brief will give the attorney the information he or she requires, to decide whether the case is relevant and worth spending the time to read in depth.
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.
To explore this concept, consider the following definition of brief. In the brief, the party, or attorney representing that party, submitting the document, attempts to convince the court to rule in its favor. Types of Legal Brief Legal briefs are used in a variety of legal situations, and while many of them are written documents actually submitted to the court, some briefs are written to organize the information for an attorney or other legal professional working on the case.
Commonly used legal briefs include: A trial brief may also provide needed information to the judge, such as specialized terminology used, or procedures specific to the issue in a technical case. Legal brief — statements presented to the court as part of a pre-trial motion, such as a motion questioning the admissibility of evidence or testimony.
A merit brief may also be submitted to the Supreme Court when appealing a decision of an appellate court.
Such a brief explains why the decision of the prior court of appeals is flawed. An amicus curiae brief, commonly referred to simply as an amicus brief, advises the court of additional information or arguments that are very relevant to the case, and which the court might want to consider in making its decision.
A party not involved in the case directly must request permission from the court to file an amicus brief. These fines come in the form of decreased funding for the following school year.
ABC school district is responsible for educating a large number of children of financially troubled families, many of which tend to have difficulty learning at the same pace as other children. The case has been appealed to the U. Other school districts throughout the state of California, and many in other states, have monitored this situation as the lawsuit moved through the court system, as the policy has a broad effect considered to be harmful by many districts.
Once the matter has been accepted by the Supreme Court, XYZ school district asks for, and is granted, permission to submit an amicus brief. While XYZ school district is not directly involved in the lawsuit, it has gathered information and statistics from other schools near and far, which may be helpful for the court in reaching its decision on the matter.
Appellate brief — a brief submitted to the court at the appeals level. What is an IRAC Brief An IRAC Issue, Rule, Application, and Conclusion brief is usually an internal document prepared by a paralegal or junior attorney, and ultimately used by the primary attorney on a case to guide him in preparing and arguing the case.
The acronym IRAC provides an organized method of researching and organizing information on a case. An IRAC brief is commonly a short, one-page review of the case, clearly outlining the answers to the questions: What is the issue or legal question at hand in the case?
What rule of law applies to the issue? How are the rules stated in number two above applied to the specific facts of the issue? What is the conclusion to the legal issue when the rules are applied to the facts of the case? The conclusion of an IRAC may not introduce any new rules or applications.
When preparing an IRAC brief, the preparer must have access to all of the facts of the case, as these facts are fundamental to each step of the IRAC process. The issues of the case can only be divined from the facts of the case. Likewise, the facts bring to light the most pertinent rules of law that apply to the issues, and analyzing the case requires a competent interpretation of the facts and the rules of law.
Formatting of a Legal Brief Although the term brief was likely intended to refer to a brief summary or statement of the case, one which would be shorter than an oral argument, modern times see briefs that are quite lengthy.Write a case brief using the IRAC method.
Create an 8- to slide Microsoft ® PowerPoint ® presentation in which your team members summarize how the legal concepts in the selected case can be applied within a business managerial setting.
The following is an example of an IRAC-style of legal brief adapted from Writing and Reading Across the Curriculum, 10th Edition. Louis Venezia v. Miller Brewer Company Issue The issue in this case is whether the defendant, who manufactured a beer bottle that shattered when the plaintiff threw it against a telephone pole, severely injuring his eye from flying glass particles, should be liable.
Jan 25, · by Tran Nguyen HIRAC and IRAC: The HIRAC/IRAC method is used to sort through a hypothetical legal problem in many Australian law schools. HIRAC = Heading, Issue, Rule, Application, Conclusion IRAC = Issue, Rule, Application, Conclusion See more details about the HIRAC/IRAC method at UWA Faculty of Law | IRAC Guide and Legal reasoning and HIRAC Example: Legal.
This article discusses how to organize the argument section of trial and appellate briefs and discusses the IRARC/CRARC methods as options to IRAC, BaRAC, CIRAC. A student brief is a short summary and analysis of the case prepared for use in classroom discussion.
It is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was decided, and analyze the reasoning behind decisions made by the courts. Legal Writing (Final) Final for legal writing touching diseases of legal writing, passive and active voice, the structure and organization of legal writing, IRAC, legal memorandum, components of a brief, proper citation (refer to parallel study citation guide), etc.