BRIEF (Lat. brevis, L. Fr. briefe, short). In Ecclesiastical Law. A papal rescript sealed with wax. See Bum..
In Practice. A writ. It is found in this sense in the ancient 'law authors.
An abridged statement of the party's case.
A trial brief properly and thoroughly pre pared should contain a statement of names of the parties, and of their residence and occupation, the character in which they sue and are sued, and wherefore they prose-1 cute or resist the action ; an abridgment of all the pleadings ; a chronological and method ical statement of the facts, in plain language ; a summary of the points or questions in is sue, and of the proof which is to support such issues, mentioning specially the names of the witnesses by which the facts are to be proved, or, if there be written evidence, an abstract of such evidence ; the personal char acter of the witnesses, whether the moral character is good or bad, whether they are naturally timid or over-zealous, whether firm or wavering ; of the evidence of the opposite party, if known, and such facts as are adapt ed to oppose, confute, or repel it.
This statement should be perspicuous and concise. The object of a brief is to inform the person who tries the case of the facts important for him to know, to present his case properly where it has been prepared by another person—as is the general practice in England, and to some extent in this country—or as an aid to the memory of the person trying a case when he has prepared it himself.
A brief on error or appeal is a legal argu ment upon the questions which the record brings before the appellate court: These are written or printed and vary somewhat according to the purposes they are to sub serve.
The rules of most of the appellate courts require the filing of printed briefs for the use of the court and opposing counsel at a time designated for each side before hearing. In the rules of the supaeme court and cir cuit court of appeals of the United States the brief is required to contain a concise statement of the case, a specification of er, rors relied on, including the substance of evidence, the admission or rejection of which is to be reviewed, or any extract from a charge excepted to, ,and a brief of argument exhibiting clearly the points of law or fact to be discussed, with proper reference to the record or the authorities relied upon. When a statute is cited, so much as is relied on should be printed at length. Such a brief will generally be sufficient to answer the re quirements of any of the courts in the sev eral states whose rules require printed briefs.
See Briefmaking by Lyle (Cooley's ed.).