A Quick And Dirty Guide To Legal Briefs

What is a Legal Brief?

A legal brief is a written document that presents arguments in a court case. It’s like a lawyer’s argument, written down. Think of it as a persuasive essay for the court.

Key Components of a Legal Brief

Image Source: jdadvising.com

1. Statement of Facts: This is a summary of the key events and information relevant to the case. It should be objective and unbiased.
2. Issue Presented: This is the question the court must answer to resolve the case. It should be clear and concise.
3. Argument: This is where the lawyer presents their side of the case. They use evidence, laws, and legal reasoning to support their position.
4. Conclusion: This is a brief summary of the argument and a request for the court to rule in favor of the lawyer’s client.

Example: A Traffic Ticket Case

Statement of Facts:

The defendant was pulled over for speeding.

The defendant claims they were not speeding and that the radar gun was malfunctioning.

The police officer testified that the radar gun was working properly.

Issue Presented:

Did the defendant exceed the posted speed limit?

Argument:

The defendant will argue that the radar gun was inaccurate, and that the police officer may have made an error in reading the device.

The defendant may also present evidence of previous complaints about the radar gun’s accuracy.

Conclusion:

Based on the evidence presented, the defendant respectfully requests that the court find them not guilty of speeding.

FAQs

1. What is the difference between a legal brief and a legal memorandum? A legal brief is typically used in court proceedings, while a legal memorandum is often used for internal communication within a law firm or government agency.
2. How long should a legal brief be? The length of a legal brief can vary depending on the complexity of the case and the court’s rules. However, most briefs are between 10-30 pages long.
3. Who writes legal briefs? Legal briefs are typically written by lawyers. However, in some cases, law students or paralegals may assist with drafting briefs under the supervision of a lawyer.
4. Can I write my own legal brief? While it is possible to write your own legal brief, it is generally recommended to consult with an attorney. Lawyers have the experience and knowledge to ensure that your brief is properly formatted and presents your case effectively.
5. What is the citation format for legal briefs? Legal briefs typically use the Bluebook citation format. The Bluebook is a style guide that provides rules for citing legal authorities, such as cases, statutes, and articles.

Legal Brief Example