Also known as: briefs · brieve · brieves · writ
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A written statement prepared by counsel that sets forth the legal and factual arguments of a party in litigation, especially on appeal, together with supporting authorities.
A limited or concise duration, extent, or amount.
Each sense below has its own examples, sources, and questions.
A written statement prepared by counsel that sets forth the legal and factual arguments of a party in litigation, especially on appeal, together with supporting authorities.
Select any source to read its text and confirm it supports the definition.
A limited or concise duration, extent, or amount.
Brenda Booth visited the forum state for a single afternoon meeting. While she was there, the plaintiff served her with process in a contract dispute that arose elsewhere. The court upheld personal jurisdiction because her brief presence allowed tag jurisdiction even though the claim was unrelated to the visit.
During a period of civil unrest, Congress considered suspending the writ of habeas corpus. The brief emergency did not meet the constitutional threshold for suspension because no rebellion or invasion had occurred.
Roe filed suit challenging the Texas abortion law. Her appellate brief argued that the statute violated her constitutional rights and cited supporting precedent. The court considered the arguments set forth in the brief when deciding the case.
Advocacy groups submitted an amicus brief in the marriage equality litigation. The brief detailed historical discrimination and urged recognition of same-sex marriage under the Constitution. The Court referenced arguments from the brief in its opinion.
Plaintiffs submitted an expert report with their pretrial brief on the admissibility of scientific evidence. The brief argued that the methodology satisfied the reliability standard. The court evaluated the report in conjunction with the brief when ruling on the motion.
A brief must set forth the party's legal and factual contentions along with supporting authorities. Courts expect clear organization, accurate citations, and compliance with page limits and formatting requirements.
Supporting sources
A brief is a written document that presents arguments and authorities in advance of a hearing. Oral argument allows counsel to respond to questions and emphasize key points but does not replace the written submission.
Supporting sources
A judgment creditor obtained a judgment against the limited partnership but the writ of execution came back unsatisfied. The creditor then pursued the general partner after satisfying the statutory precondition of a return showing partial nonpayment.
A brief physical presence permits tag jurisdiction if the defendant is served while in the forum state. The claim need not relate to the visit.
Supporting sources
…existence of the commissions he would confine further remarks to three questions: (1) whether the Supreme Court can award the writ of mandamus in any case; (2) whether it will lie to a Secretary of State in any case whatever; and (3) whether in the present case the court may award a mandamus to James Madison, Secretary…