BRIEF (OF., from Lat. brcvis, brief). In the ancient law-writers-, a writ or breve. Now, a concise and orderly statement of the points of law, pleadings, and evidence to be laid by one party to a cause before a court at its trial. The word is used in England and in the United States with very different meanings. In Great it is the duty of the attorney (q.v.) or solicitor to prepare the ease only—to draw up and serve papers, to marshal the evidence, to prepare the case for trial generally: and to the barrister is committed the task of arguing the ease before the court, introducing the evidence, cross-examining, and taking entire conduct of the ease in open court. A brief, under this Eng lish practice, is the concise statement of the ease as it leaves the hands of the attorney, and it serves as a guide to the barrister and as his instructions for proceeding in open court. In the practice of courts in the United States, one person serves the office of both the English at torney and barrister. In our courts, according ly, the brief is the abbreviated statement of pleadings. affidavits, evidence, and all points of
law to be argued. prepared by the counsel for his own use, or to lay before the court as an assistance in following his presentation of the case. In appellate courts of the States. and in the United States courts, the brief is the skeleton or analysis of the argument prepared by the counsel. setting forth the legal propositions he offers, citing cases in support thereof, and indicating the rulings for which he argues. It is usual, and, indeed, in some States it is required by law, that such a brief should be printed and furnished to the court, to the official reporter, and to the opposing counsel. Consult the author ities referred to under PRACTICE.
The phrase Brief of 7'itle is sometimes em ployed in place of the usual term Abstract of Title (q.v.). to denote the concise statement of the deeds, conveyances, and changes in owner ship which may have occurred in the history of the title to a certain piece of real estate.