Trial briefing

Because it is important to specify the legal bases for your objections, a trial brief ensures you do not forget important grounds for the objections. In the battle of trial, it is far better to rely on a trial brief than to try to recall from memory evidentiary objections learned in law school. And on the converse side, if opposing counsel will be objecting to a crucial piece of evidence, having a trial brief ready that explains why the law requires admission of the evidence means you will not be caught flat-footed attempting to explain why the jury should hear the evidence.

Trial briefs are also useful in aiding argument and preserving error during the important jury-charge phase of trial. Charge conferences can be disorganized times when the court is interested in getting the case to the jury and the lawyers are thinking about their closing arguments.

But perhaps nothing is more important to your case than the charge, which provides the law for the jury to consider. Thus, outlining your arguments and objections in a brief for the court to review ensures you do not forget specific objections and shows the court the authorities upon which you rely.

Furthermore, some charge issues must be preserved by a written submission, depending on the jurisdiction, so presenting the judge with a properly worded question, instruction, or definition, and a briefed explanation for why the request should be submitted, is the best way to ensure the court considers your arguments and error is preserved.

Trial briefs should not be so long that they lose sight of the issue being briefed. Johnson recommends that instead of filing lengthy briefs that a court may not have time to read, the better practice is to file succinct briefs that isolate the legal points at issue.

It makes for easier reading and a quicker way for the court to digest the information quickly during a fast-paced trial.

He recommends a length of approximately four-to-five pages or less if possible. The brief should contain direct points of law and attach the specific cases cited in the brief with relevant portions highlighted. Few things are more persuasive to a court than physically seeing the actual law upon which counsel is relying. Many courts will have local rules that will govern the form and procedure for filing trial briefs.

Shumate, 5 Am. Another trial brief example is that of the U. Northwest Airlines Corp. A third example of a sample trial brief is that of the U. Atlas Iron Processors Inc. If you enjoyed this article on Trial Brief , we recommend you look into the following legal terms and concepts. Save my name, email, and website in this browser for the next time I comment.

Sign in. Log into your account. Privacy Policy. Password recovery. Forgot your password? Get help. By Editorial Staff. March 4, Revised by K. Killoran, and by M. Richards, Home Students Tutorials How to brief a case.

Appellate brief An appellate brief is a written legal argument presented to an appellate court. Student brief A student brief is a short summary and analysis of the case prepared for use in classroom discussion.

The parties and how to keep track of them Beginning students often have difficulty identifying relationships between the parties involved in court cases. The following definitions may help: Plaintiffs sue defendants in civil suits in trial courts. Student briefs These can be extensive or short, depending on the depth of analysis required and the demands of the instructor.

Title and Citation The title of the case shows who is opposing whom. Facts of the Case A good student brief will include a summary of the pertinent facts and legal points raised in the case. The fact section of a good student brief will include the following elements: A one-sentence description of the nature of the case, to serve as an introduction.

A statement of the relevant law, with quotation marks or underlining to draw attention to the key words or phrases that are in dispute. A summary of the complaint in a civil case or the indictment in a criminal case plus relevant evidence and arguments presented in court to explain who did what to whom and why the case was thought to involve illegal conduct.

A summary of actions taken by the lower courts, for example: defendant convicted; conviction upheld by appellate court; Supreme Court granted certiorari. Issues The issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court. Reasoning The reasoning, or rationale, is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did.

Separate Opinions Both concurring and dissenting opinions should be subjected to the same depth of analysis to bring out the major points of agreement or disagreement with the majority opinion. Analysis Here the student should evaluate the significance of the case, its relationship to other cases, its place in history, and what is shows about the Court, its members, its decision-making processes, or the impact it has on litigants, government, or society.

Further information and sample briefs Many of the guides to legal research and writing include a discussion of student briefs, appellate briefs and other types of legal memoranda used by practicing attorneys. Examples and more information can be found in the library books listed below: Bahrych, L.

Legal writing in a nutshell 4 th ed. Paul, Minn. S68 Clary, B. Successful legal analysis and writing: The fundamentals 2 nd ed. Law C53 ] Edwards, L. Legal writing and analysis 2 nd ed. Law and Reserve Room KF E ] Garner, B. The winning brief: tips for persuasive briefing in trial and appellate courts 2 nd ed. New York: Oxford University Press.

Law KF G37 ] Hames, J. Legal research, analysis, and writing 5 th ed. H36 ; For 3 rd ed. H36 ] Putman, W. Legal analysis and writing 2 nd ed. Law KF P87 ] Ray, M. Legal writing--getting it right and getting it written 4 th ed.

R39 ] Shapo, H.