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Topic: Brief (law)


  
 Brief (law) - Wikipedia, the free encyclopedia
A brief or factum (latin for "act" or "deed") is a written legal document used in various legal adversary systems that is presented to a court arguing why the party to the case should prevail.
The brief or memorandum establishes the legal argument for the party, explaining why the reviewing court should affirm or reverse the lower court's judgment based on legal precedent and citations to the controlling cases or statutory law.
The brief may also be accompanied by an appendix that includes copies of the lower court opinions and other documents, or court opinions cited in the brief.
http://en.wikipedia.org/wiki/Brief_(law)   (519 words)

  
 How To Brief a Case
An appellate brief is a written legal argument presented to an appellate court.
The issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court.
Under this procedure, the appellate court is being asked to exercise its lawful discretion in granting the cases a hearing for review.
http://www.lib.jjay.cuny.edu/research/brief.html   (2088 words)

  
 Definition of Mini-Briefs and Others
The pedigree prefab brief is the case headnotes.
The illegitimate prefab brief is usually referred to as a canned brief, found in books of commercially prepared briefs of cases that appear in law school casebooks.
This prefab brief, while a good introduction to the case, is no substitute for written case analysis because it lacks several requisite elements, sufficient emphasis on facts, and independent analysis by the student or lawyer briefer.
http://academic.udayton.edu/LegalEd/online/class/case14.htm   (444 words)

  
 Law 17 Case Brief #1
The law cannot be adequately enforced by the courts alone, or by courts alone, or by courts supported merely by the police and the military.
law 17 brief #1 by santos barajas, 1998, Sep 15
All that this Court decides is that as a sincere conscientious objector Sisson cannot constitutionally be subjected to military orders (not reviewable in a United States constitutional Court,) which may require him to kill in the Vietnam conflict.
http://hyper.vcsun.org/HyperNews/djordan/get/law17brf1.html   (5808 words)

  
 [No title]
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.
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.
On appeals and certain other major arguments, the brief is bound with color-coded covers stipulated in state and/or federal court rules.
http://dictionary.law.com/definition2.asp?selected=100&bold=   (201 words)

  
 College Savings Bank Law Pages
Respondent United States of America's brief dated March 24, 1999 argues that Congress reasonably concluded that the abrogation of states' Eleventh Amendment immunity to suit in federal court for patent infringement claims is appropriate to secure the Fourteenth Amendment's protection against deprivation, without due process of law, of inventors' property rights in their patents.
Appellant Florida Prepaid's brief dated July 12, 1997 argues that Congress lacks authority to abrogate sovereign immunity to allow suits against states for patent infringement as it did in the 1992 amendment to the Patent Act and therefore urges reversal of the district court's denial of Florida Prepaid's motion to dismiss.
Amicus Curiae Pacific Legal Foundation's brief dated March 24, 1999 in support of Respondents argues that a patent is property within the meaning of the Just Compensation Clause of the Fifth Amendment and infringement of a patent works a compensable taking of private property enforceable by the Fourteenth Amendment at the instant of infringement.
http://www.collegesavings.com/law.html   (2940 words)

  
 Veterans urge importance of law recruitment - The Daily Texan - World & Nation
Howard Bashman, a Philadelphia-based appellate lawyer who filed the amicus brief on behalf of the student veteran organizations, said he is confident the court will rule in their favor.
Veterans' organizations at three universities filed an amicus brief with the 3rd U.S. Circuit Court of Appeals on Tuesday, asking the court to dismiss a lawsuit aimed at prohibiting military recruitment on law school campuses across the country.
Brief filed against lawsuit prohibiting law school recruiting
http://www.dailytexanonline.com/news/2004/02/26/WorldNation/Veterans.Urge.Importance.Of.Law.Recruitment-619753.shtml   (360 words)

  
 Moot Court Rules
We hereby certify that the brief for _________ Law School is the product solely of the undersigned and that the undersigned have not received any faculty or other assistance in connection with the preparation of the brief.
All briefs in the Competition shall be subject to uniform penalties for each type violation; penalties may be levied in whole or fractional points.
The purpose is to provide law students an opportunity to develop an expertise in animal law advocacy and to hone their written and oral advocacy techniques.
http://www.lclark.edu/org/ncal/mootcourtrules.html   (1662 words)

  
 Numeric Index Brief of Law
Where a brief of law on a level three offence certificate is so extensive it is cost prohibitive to forward (or copy), counsel may request the Taxing Officer accept a case list and the relevant points of law briefed, similar to the sample brief in the tariff.
In all cases where counsel is billing for briefing for sentence the brief is required to be attached.
Counsel is not required to forward the brief at the time of billing; however, it is expected to be available upon request.
http://www.legalaid.ab.ca/Legalaid/lah/tariff/numeric32.html   (298 words)

  
 : Society of American Law Teachers Brief submitted in support of Dale
Instead, the Court has examined status-based nondiscrimination laws to determine whether they infringe on intimate or expressive association, and if so, whether they are narrowly tailored to further a compelling state interest.
SALT is filing this brief because it supports the distinction this Court has drawn between viewpoint-based restrictions on membership, which the First Amendment protects, and status-based discrimination, which the First Amendment generally does not protect.
SALT has filed amicus briefs in federal and state courts on behalf of historically under-represented groups to support their claims to equal access to education, employment, and health care, and to full participation in civic life.
http://www.lambdalegal.org/cgi-bin/iowa/news/resources.html?record=970   (7224 words)

  
 Law - Reply Brief
The reply brief must be filed within 2 months of the date of mailing of the Examiner's answer to avoid dismissal of the appeal as to claims subject to any new ground of rejection raised in the Examiner's answer.
Within 2 months of the filing of an appeal brief, the Examiner furnishes the appellant a written statement in answer to the appellant's brief.
This response period is one of the few that may not be extended by petition and payment of a fee under 37 CFR 1.136(a).
http://www.webpatent.com/knowbase/manage/law/law40250.html   (129 words)

  
 FLAGLER COLLEGE: ACADEMICS - L.S. PRE-LAW
The student will be able to (1) identify the current structure of and the historical basis for the American legal system; (2) brief law cases in a lawyerly manner; and (3) identify the legal issues in a factual setting within the context of contract, property, tort, estate, criminal, and family law.
Brief all cases except Thompson, Hurst, and Gimpel.
Various areas of public and private law will be presented for critical examination.
http://www.flagler.edu/academics/prelaw/pla380.html   (441 words)

  
 U.S. Supreme Court Monitor - Brief Asks High Court to Look to International Law -- Again
The brief also invokes the Convention on the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child, both of which have been signed, but not ratified by the United States.
But one amicus curiae brief filed in the Castle Rock case by international law scholars and human rights groups argues that in fact, rights relating to the prevention of domestic violence are very much supported by treaties and international law.
"That brief is a waste of time," says D.C. solo practitioner Erik Jaffe, a former Clarence Thomas law clerk who is part of the legal team in the case for the town of Castle Rock.
http://www.law.com/jsp/scm/PubArticleSCM.jsp?id=1111053913742   (597 words)

  
 Law Brief Update - Sign Up
Sign Up Law Brief Update is a free email newsletter which provides a brief introduction to recent case law in all the major areas of law.
Law Brief Update - Sign Up Sign Up
The publishers of Law Brief Update intend to provide further specialist newsletters in the future.
http://www.lawbriefupdate.com   (168 words)

  
 Howard University School of Law
The amicus brief argues that a university’s consideration of race in an effort to obtain diversity in the classroom is one of the special circumstances in which the Constitution permits the use of racial classifications.
The amicus brief on behalf of Howard University Law Students is written from a unique perspective.
It then trained those students to use the law to nullify the laws, rules, regulations, and human conduct that barred individuals, especially African Americans, from exercising their civil rights.
http://www.law.howard.edu/publicaffairs/stories/supctamicusbrief.htm   (706 words)

  
 Brief Law Guide
They are published on the site of the ECJ and later on in the ECR (official case law publication of the court), together with the judgement.
Generally the Advocate General will analyze more deeply and academically the general issues of EC law that can be found in a specific case, and refer to legal doctrine and national systems of law.
The opinion of the Advocate General usually offers an useful description of the facts and the main issues of law that are being dealt with in a case.
http://www.ma-eus.leidenuniv.nl/index.php3?c=6   (1345 words)

  
 BRIEF-MASTER
Law Study Software is a unique program for helping law students organize the hundreds of briefs that must be written each year.
All work contributed is free of copyright restrictions as long as the briefs contained on the website are not used in commercial publications.
This incredible program and unlimited access to our online brief library is yours for an annual fee of only $49.95.
http://www.brief-master.com   (711 words)

  
 The Boston College Pre-Law Brief - Boston College
Law School Application Resources) The Dean’s Recommendation or Dean’s Clearance is not a personal letter of recommendation.
Contact Us The Boston College Pre-Law Brief offers general advice to help you decide whether you want to pursue a law degree and to help you become an effective candidate for law school.
Look at the requirements to write for a law review.
http://www.bc.edu/offices/careers/gradschool/law/brief   (1782 words)

  
 Observations For Law Students on Appellate Brief Writing in California Courts
There are combative trial lawyers whose briefs are violently partisan, and so extravagant in their contentions and assertions as to irritate a court trying to find a solution to the problem.
The justices of appellate courts are former lawyers whose training and methods of reading and writing and research are as varied as those of the lawyers who are not on the bench.
I assume, moreover, that as part of your class instruction you have a basic understanding of the purpose of an appellate brief and its general form; and that you have access in your library and in the appellate court clerks' offices nearby, to plenty of illustrative material.
http://www.witkin.com/pages/traynor_pages/witkin_on_writing.htm   (1764 words)

  
 Briefs 101: How to Write a Brief or Memorandum of Law
Explain in simple words what happened to you and what the law is and what you want the court to do.
Here is a link to an opinion of the Supreme Court: http://www.circuitlawyer.8m.com/griffin.html You can do a Google search to find a memorandum of law on the subject that you desire.
This is the preferred method in my mind but I know of nobody who has actually submitted a CD rom appellate brief although my local court of appeal invites CD rom briefs.
http://www.lawyerdude.s5.com/6435memo.html   (1275 words)

  
 DUE PROCESS OF LAW: A BRIEF HISTORY
As Orth observes in the subsequent chapter, the prohibition of taking from A and giving to B shifted from a ban on transfer of property to a prohibition on class legislation—changing the meaning of “A” and “B” from persons to groups.
The book will be useful for undergraduate civil liberties courses and to any scholar looking for a brief introduction or refresher on due process.
Yet, any author crafting a brief history must make certain choices so as to abridge the subject matter.
http://www.bsos.umd.edu/gvpt/lpbr/subpages/reviews/orth-john.htm   (1191 words)

  
 Macondo Law: Amici Brief in US v. Councilman
Orrin Kerr at The Volohk Conspiracy reports on the filing of an amici brief in support of the United States' petition for rehearing and for rehearing en banc in the First Circuit's 2-1 opinion in United States v.
When I was at DOJ advising agents on this sort of thing, the informal yardstick was that when a law enforcement agent planned a series of accesses to a file or account, the repeated series of accesses triggered the Wiretap Act rather than the Stored Communications Act.
Booker & Fanfan Briefs filed today by petitioner United States and Amici "for" petitioner
http://macondolaw.blogspot.com/2004/09/amici-brief-in-us-v-councilman.html   (520 words)

  
 MurthyDotCom : Overview of Immigration Law – A Brief History
In 1882 came laws excluding "idiots," "lunatics," convicts and those who were likely to become a financial liability on the U.S. In 1882, we had the Chinese Exclusion Acts, which provided for the exclusion of persons from China.
Some of the earliest laws authorized the President to expel a foreign national who was deemed dangerous for the security of the U.S. Believe it or not, in 1864, the U.S. Congress passed legislation to encourage immigration into the United States!
This law modified the definitions of H1B, L-1 and other non-immigrant categories, and established the O and P categories, as well as the R visas for religious workers.
http://www.murthy.com/news/UDhist1.html   (1188 words)

  
 News -- Affirmative Action Brief Signed by Nearly 14,000
In Supreme Court cases, parties with legal expertise can submit a brief of amici curiae, or “friends of the court,” to highlight additional arguments supporting either side.
So I hope that the impressive number of law students who signed [onto] the brief in support of diversity sends a strong message to the Supreme Court and impresses upon the Justices the value we, as law students, place in a diverse student body.”
Previous affirmative action rulings by the high court have been ambiguous, given that different states have interpreted the rulings to justify various positions.
http://www.thehoya.com/news/022103/news8.cfm   (754 words)

  
 Applying To Law School - Boston College
LSAT scores and acceptance rates of BC Law School applicants compared to the national pool.
A guide to preparing a compelling essay for your law school application.
General Advice to help you decide whether or not to pursue a law degree, and how to do so effectively.
http://www.bc.edu/offices/careers/gradschool/law   (326 words)

  
 Macondo Law: Supplemental Brief filed by Amici in US v. Councilman
The Land of Macondo Law: Where the State Court Decides Whether a Petition for Removal to Federal Court is Timely or Not!
Macondo Law: Supplemental Brief filed by Amici in US v.
Supplemental Brief filed by Amici in US v.
http://macondolaw.blogspot.com/2004/11/supplemental-brief-filed-by-amici-in.html   (432 words)

  
 SurfWax: News, Reviews and Articles On Reply Brief
The reply brief filed Wednesday was in response to the government's opposition to a Dec. 5 motion that defense attorneys filed to strike language in the indictment.
In his reply brief and his rebuttal, Gallagher made the point that a property owner who contracts with someone else to maintain the property cannot legally shift, avoid or escape the ultimate legal responsibility to keep his premises reasonably safe.
DCCC filed its initial brief on Nov. 12, attorneys from BOA and WWREC, which have intervenor status in the case, filed their briefs on Nov. 29, and DCCC submitted its reply brief on Dec. 13.
http://www.lawkt.com/files/Reply_Brief.html   (2074 words)

  
 International Law In Brief Oct 23, 2001
International Law In Brief (ILIB) - Copyright 2001 - The American Society of International Law (ASIL)
The Public Law 107-40 authorized the President to use "all necessary and appropriate force" against those nations, organizations, or persons he determines planned, authorized, committed, or aided the September 11 terrorist attacks, or harbored such organizations or persons.
U.S.: Public Law 107-40 (Joint Resolution to Authorize the Use of United States Armed Forces Against Those Responsible for the Recent Attacks Launched Against the United States), S.J.RES 23 (September 18, 2001)
http://www.asil.org/ilib/ilib0411.htm   (1812 words)

  
 Jenner & Block LLP - Rumsfeld v. Padilla: U.S. Supreme Court Brief Resource Center
Briefs and other documents for the related High Court case Hamdi v.
Brief Of Amici Curiae Spartacist League And Partisan Defense Committee On Behalf Of Respondent Jose Padilla And Granting His Writ Of Habeas Corpus
Brief Amicus Curiae Of The Criminal Justice Legal Foundation In Support Of Petitioner
http://www.jenner.com/news/news_item.asp?id=12539624   (679 words)

  
 Law: a brief guide to internet resources
A brief guide to finding information which includes links to the main search engines.
Offers guidance to students on their career, law courses, and the legal market.
This law gateway provides guidance and access to legal information resources.
http://www.library.rdg.ac.uk/subjects/law/lawir.html   (396 words)

  
 Foundation for Moral Law, Inc. - Ten Commandments and the Right to Publicly Acknowledge God
The Foundation filed an amicus curiae brief arguing that the Ten Commandments monument was a constitutional acknowledgment of God because it was not a “law respecting an establishment of religion,” which is what the First Amendment forbids.
In our brief, we argued that a sticker on a science textbook calling evolution a “theory, not a fact” that should be “critically considered” was hardly a violation of the text of the Constitution’s First Amendment.
The city asked for a rehearing and the Court of Appeals agreed to reconsider the case.
http://www.morallaw.org   (1666 words)

  
 Marijuana Policy Project: Alabama
While he was legal adviser to Gov. Bob Riley, King wrote a friend of the court brief on Moore's behalf.
It most assuredly is. The question, rather, is whether the Constitution permits the Federal Government,under the guise of regulating interstate commerce, to criminalize the purely local possession of marijuana for personal medicinal use.
"Alabama's Attorney General has every intention of continuing to prosecute drug crimes to the fullest extent of the law," the brief states.
http://www.mpp.org/AL/news_1120.html   (766 words)

  
 Amazon.com: Books: Due Process of Law: A Brief History
Property Law: Cases, Materials, and Problems (Property Law) by Sandra H. Johnson
To a degree not always appreciated today, constitutional law advances in the same case-by-case manner as other legal rules.
No person's life, liberty, or property may be taken without due process of law.
http://www.amazon.com/exec/obidos/tg/detail/-/0700612424?v=glance   (1217 words)

  
 canon law on Encyclopedia.com
It is the law of the church courts and is formally distinguished from other parts of ecclesiastical law, such as liturgical law.
In the Middle Ages the church courts had very wide jurisdiction—e.g., in England, control of the law of personal property—and because they were well regulated, they tended to attract many borderline cases that might also have been heard by the developing royal courts (see benefit of clergy).
The term “canon law” is also used for ecclesiastical law in churches of the Anglican Communion.
http://www.encyclopedia.com/html/c1/canonlaw.asp   (573 words)

  
 Terri Schiavo's Parents File Brief Backing Law Preventing Her Starvation
The Schindlers' brief disagrees with that contention and says the legislature and Governor did not violate the constitution.
Michael's attorneys, including euthanasia advocate George Felos and the ACLU, say the main issue in the case is the separation of powers and that Terri's Law violated that state constitutional principle.
However, he's spent almost all of it on legal bills.
http://www.lifenews.com/bio385.html   (572 words)

  
 Telecommunications and Media Policy and Law: A Brief Webliography
DFC believes that any changes in the nation's intellectual property laws must be carefully crafted not merely to protect copyright proprietors and existing business models, but to foster broad public access to information, innovation in industry and education, and the privacy rights of all Americans.
Media Access Project (MAP) is a twenty-four year old non-profit, public interest law firm which promotes the public's First Amendment right to hear and be heard on the electronic media of today and tomorrow.
Telecommunications and Media Policy and Law: A Brief Webliography
http://www.lib.berkeley.edu/MRC/telecomweb.html   (793 words)

  
 IDS Brief
Age discrimination laws move one step further – a mixed reaction to the draft age discrimination regulations centres on the introduction of a default retirement age of 65...
For £397 + £4.20 VAT (£427 overseas), new subscribers to IDS Employment Law Brief receive the next 24 issues of the twice monthly IDS Employment Law Brief, as well as the latest IDS Employment Law Handbook and Supplement plus any others published in their subscription year.
Unfair dismissal – decisions on unfair dismissal have continued unabated since legal protection was first introduced in 1971 and this IDS Employment Law Handbook outlines the current law...
http://www.incomesdata.co.uk/brief/law.htm   (505 words)

  
 JURIST - Paper Chase
Oral arguments in the case for which the brief was filed will be heard by the Third Circuit Court of Appeal in May. Read Paper Chase's first report on the veterans' brief here.
As an educational service, Paper Chase is dedicated to presenting important legal news and materials rapidly, objectively and intelligibly in an accessible, ad-free format.
Braxton Craven Constitutional Law Moot Court Competition on Saturday.
http://jurist.law.pitt.edu/paperchase/2004/03/law-schools-brief-law-school-veterans.htm   (378 words)

  
 Law - Appeal Brief
The appeal brief must be filed in triplicate within 2 months from the date that the notice of appeal is received by the USPTO or within the time allowed for response to the action appealed from, whichever is later.
If an applicant decides to pursue an appeal before the Board of Patent Appeals and Interferences, an appeal brief must be filed.
The appeal brief presents arguments and authorities on which the applicant (now called the appellant) will rely to convince the Board that each rejected claim should not have been rejected.
http://www.webpatent.com/knowbase/manage/law/law40230.html   (113 words)

  
 John Law
In 1716 the regent chartered Law's private Banque générale and authorized it to issue paper currency.
The Banque générale was made the royal bank in 1718, and its issues of notes were guaranteed by the state.
Related content from HighBeam Research on: John Law
http://www.infoplease.com/ce6/people/A0829080.html   (558 words)

  
 Brief in Opposition--Grutter Writ of Certiorari Petition
of the Law School’s minority applicants are denied
she initially implies that whether the Law School’s policy is
Nor are these benefits disputed by the plaintiffs in this case.
http://www.umich.edu/~urel/admissions/legal/grutter/gru-bopcert.html   (6731 words)

  
 UNM School of Law About UNM Law School UNM Law in Brief
Students are challenged academically and receive a well-rounded legal education with an emphasis on practical application of the law.
Students can earn certificates in Indian Law and Natural Resources Law.
Students may seek other dual programs with permission of the Graduate School and the law school.
http://lawschool.unm.edu/about   (288 words)

  
 Wedding Gown Manufacturers: Advertising Law News Brief
Here is where you can find advertising law information based on news briefs that appeared in past issues of
Read this disclaimer and our privacy statement before using this site.
The consent decree is subject to court approval.
http://www.lawpublish.com/sept_99.html   (851 words)

  
 Tarlton Law Library - Brief 2004
For most Tarltonites, the Tarlton Brief's publication history is shrouded in mystery.
The younger generation of Tarltonites looks forward to yearly digital publications of the Brief, taking for granted that this noble publication's pre-1973 history will remain a secret of the Law Library's seasoned employees.
While some say Mike Widener has genuine incunabula copies of the Brief printed in 1492, we are only able to verify that Rob Cogswell resurrected the publication in June 1975.
http://tarlton.law.utexas.edu/brief/2004   (239 words)

  
 Advocate, The: Jude Law - actors - Brief Article
Divinely handsome and deliciously British, Jude Law suffers from no such self-doubt.
Advocate, The: Jude Law - actors - Brief Article
Even when his character is straight, Law's not averse to throwing a curve.
http://www.findarticles.com/p/articles/mi_m1589/is_2001_August_14/ai_76896501   (433 words)

  
 ASIL - International Law In Brief Archive
Please note that all issue hyperlinks were active at the time of publication.
Developments in international law, prepared by the Attorney-Editors of International Legal Materials,
a core publication of The American Society of International Law
http://www.asil.org/ilib/ilibarch.htm   (53 words)

  
 JurisNotes.Com - Intellectual property law: copyright law, Internet law, patent law, trademark law, and trade secrets
JurisNotes.Com - Intellectual property law: copyright law, Internet law, patent law, trademark law, and trade secrets
http://www.jurisnotes.com   (26 words)

  
 BRIEF, Howard - Howard BRIEF Law Office - Attorneys & Legal Services - Seal Beach, CA, 90740-6391 - Citysearch
BRIEF, Howard - Howard BRIEF Law Office - Attorneys & Legal Services - Seal Beach, CA, 90740-6391 - Citysearch
Sign In · Help · Oct 21 2005
http://losangeles.citysearch.com/profile/208639   (154 words)

  
 Policy Brief : Competition Law and Policy in the Russian Federation
In order to address these issues, the Russian Federation created a competition authority and basic law in 1991, quite early in its transition period.
Policy Brief : Competition Law and Policy in the Russian Federation
http://www.oecd.org/LongAbstract/0,2546,en_2825_201185_33872974_1_1_1_1,00.html   (332 words)

  
 Brief - Law Society of WA
A pdf file listing articles published in Brief since July 1999 is available here.
Brief is circulated to all members of the Law Society and thus has a readership of approximately 2,800.
Brief is the official journal of the Law Society of Western Australia.
http://www.lawsocietywa.asn.au/brief.html   (123 words)

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