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Topic: Brief law

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In the News (Sat 20 Apr 19)

  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.
Law school briefs are shorter than court briefs, but follow a similar structure: presentation of issue, presentation of facts, presentation of legal and policy arguments, and presentation of outcome.
en.wikipedia.org /wiki/Brief_(law)   (519 words)

 How To Brief a Case
Briefs of this kind are therefore geared to presenting the issues involved in the case from the perspective of one side only.
A student brief is a short summary and analysis of the case prepared for use in classroom discussion.
The issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court.
www.lib.jjay.cuny.edu /research/brief.html   (2088 words)

 Brief (law)   (Site not responding. Last check: 2007-11-06)
An appellate brief is a written legal document used in various legal adversarial systems that is presented to an appellate 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.
In American law school s, students usually study historical cases by "briefing" them.
www.serebella.com /encyclopedia/article-Brief_(law).html   (505 words)

 College Savings Bank Law Pages   (Site not responding. Last check: 2007-11-06)
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 American Intellectual Property Law Association's brief dated September 23, 1997 asks the Federal Circuit to affirm the district court's determination that the State of Florida is not immune from a suit for patent infringement by virtue of 35 U.S.C. Section 296 which Congress was empowered to enact under the Fourteenth Amendment.
www.collegesavings.com /law.html   (2940 words)

 Law 17 Case Brief #1
We may, argumentatively, assume that one who out of religious or conscientious scruple refuses to pay a general income or property tax, assessed without reference to any particular kind of contemplated expenditure, is civilly and criminally liable, regardless of his sincere belief that he is responding to a divine command not to support the government.
Law and morality are, in turn, debtors and creditors of each other.
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.
hyper.vcsun.org /HyperNews/djordan/get/law17brf1.html   (5808 words)

 Brief (law) -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-11-06)
Once again depending on local rules, the court may then decide the case purely based on the submitted briefs, or may hear (Click link for more info and facts about oral argument) oral argument by the parties.
In North American (A graduate school offering study leading to a law degree) law schools, students usually study historical cases by "briefing" them.
In the United States the practice of briefing cases for study began at (Click link for more info and facts about Harvard Law School) Harvard Law School in the late 1800's and is a widely accepted pedagogical method among law professors today.
www.absoluteastronomy.com /encyclopedia/b/br/brief_(law).htm   (532 words)

 Veterans urge importance of law recruitment - The Daily Texan - World & Nation
FAIR claims the law violates their First Amendment right to protest the Defense Department's "Don't Ask, Don't Tell Policy." The law school campuses had protested the policy by refusing to allow the military on campus.
Carter said law students confronted with a tight job market will be at a disadvantage if their options are even more limited by restricting the military from campus.
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.
www.dailytexanonline.com /news/2004/02/26/WorldNation/Veterans.Urge.Importance.Of.Law.Recruitment-619753.shtml   (360 words)

 Definition of Mini-Briefs and Others
The mini brief is often referred to as a standard four-point brief.
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.
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.
academic.udayton.edu /LegalEd/online/class/case14.htm   (444 words)

 [No title]   (Site not responding. Last check: 2007-11-06)
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.
Ironically, although the term was originally intended to mean a brief or summary argument (shorter than an oral presentation), legal briefs are quite often notoriously long.
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.
dictionary.law.com /definition2.asp?selected=100&bold=||||   (201 words)

 Moot Court Rules
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.
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.
The brief score shall be used with the preliminary round scores to determine advancement to the semi-final round.
www.lclark.edu /org/ncal/mootcourtrules.html   (1662 words)

 law.com - Brief Asks High Court to Look to International Law -- Again
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.
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.
"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.
www.law.com /jsp/article.jsp?id=1111053912197   (564 words)

 Howard University School of Law   (Site not responding. Last check: 2007-11-06)
Howard Law opened its doors in 1869 with the goal of ensuring that any student, regardless of race, gender, or national origin, seeking a legal education would be afforded that opportunity.
Tn amicus brief urges the Supreme Court to affirm the Sixth Circuit's ruling that the University of Michigan Law School’s race-conscious admissions program serves the compelling governmental interest of attaining a diverse student body and is narrowly tailored to achieve that objective.
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.
www.law.howard.edu /publicaffairs/stories/supctamicusbrief.htm   (706 words)

 JURIST - Paper Chase
Adam Henry at 4:45 PM Leading Wednesday's law school news, the Texas Lawyer reports on the results of a recent informal survey indicating that some 30% of graduates of Texas law schools opt for an "alternative" career at some point after graduation.
The brief in question, filed by veterans groups at three other law schools, contends that the limitation of access will stigmatize students with military afffiliations and lead to a critical shortage of military lawyers.
Second, the Spring issue of the Harvard Law Bulletin features both an interview with Dean Elena Kagan of Harvard Law School, now half a year into her tenure, and a report on the newly launched $400 million capital campaign that will finance her ambitious plans for HLS.
jurist.law.pitt.edu /paperchase/2004/02/law-schools-brief-law-graduates-opting.htm   (434 words)

 : Society of American Law Teachers Brief submitted in support of Dale   (Site not responding. Last check: 2007-11-06)
The Society of American Law Teachers (SALT) is an association of more than 800 individual law faculty members at over 150 law schools, which was founded in 1974 by a group of leading law professors dedicated to improving the quality of legal education by making it more responsive to societal concerns.
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.
Unless the anti-discrimination laws are to be rendered nugatory, however, that exception must be narrowly confined to groups centrally organized around a message of exclusion that would be directly undermined by the nondiscrimination requirement.
www.lambdalegal.org /cgi-bin/iowa/news/resources.html?record=970   (7224 words)

 Case Law and Case Briefing: An Introduction
Case law is an integral part of the common law heritage.
A Case brief is a student's summary of a case.
Briefing provides practice in isolating the relevant facts from irrelevant facts and practice framing an issue statement.
academic.udayton.edu /LegalEd/online/class/case02.htm   (255 words)

 The Boston College Pre-Law Brief - Boston College   (Site not responding. Last check: 2007-11-06)
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.
It is not necessary to know what kind of law you want to practice or even that you want to practice law to choose to go to law school.
Law schools are interested in your ability to do rigorous analytical research, to write well, to present and to persuade.
www.bc.edu /offices/careers/gradschool/law/brief   (1782 words)

 News -- Affirmative Action Brief Signed by Nearly 14,000
The brief, signed by 13,922 students at 143 American Bar Association-accredited law schools in 41 states and the District of Columbia, supports the use of race as one of several factors in admissions decisions, maintaining that diversity is a compelling governmental interest as a diverse student body imparts educational benefits to law students.
The effort to engage law students in the shaping of American constitutional law could represent the “largest group of individuals to ever file an amicus brief in the history of the Supreme Court,” according to a Feb. 18 press release from the brief’s drafters, “Law Students for Diversity in Higher Education.”
Law students solicited national networks of organizations including the American Constitution Society, Asian Pacific American Law Students Association, Black Law Students Association, Equal Justice Society, La Alianza and the National Lawyers Guild to compile signatures from law students nationwide.
www.thehoya.com /news/022103/news8.cfm   (754 words)

The narrative begins with the English common law and the early evolution of due process principles.
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.
This is a conscious decision by the author as noted in his introduction, yet the book would have been stronger — and no doubt longer — if the author had added greater context to the development of due process.
www.bsos.umd.edu /gvpt/lpbr/subpages/reviews/orth-john.htm   (1191 words)

 JURIST - Paper Chase
Adam Henry at 6:08 PM Leading Tuesday's law school news, the Daily Bruin reports today on an amicus brief recently filed by the UCLAW Veterans Society in support of the controversial Solomon Amendment.
The organization's brief, co-authored by counterpart organizations at the College of William and Mary's Marshall-Wythe School of Law and the Washburn University School of Law, argues that the preservation of on-campus military recruiting is vital to both veteran students and the military.
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.
jurist.law.pitt.edu /paperchase/2004/03/law-schools-brief-law-school-veterans.htm   (378 words)

 Law - Reply Brief   (Site not responding. Last check: 2007-11-06)
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.
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.
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).
www.webpatent.com /knowbase/manage/law/law40250.html   (129 words)

 Human Rights Brief - Center for Human Rights and Humanitarian Law - Washington College of Law
The Human Rights Brief, a student-run publication of the Center for Human Rights and Humanitarian Law, reports on developments in international human rights and humanitarian law and provides concise legal analysis of cutting edge human rights issues.
Established in 1994, the Brief maintains a strong commitment to supporting human rights practitioners and strengthening the community of human rights advocates around the world.
Washington College of Law - 4801 Massachusetts Avenue, NW - Washington, DC 20016 - 202-274-4000
www.wcl.american.edu /hrbrief   (120 words)

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.
To help build the number of briefs, a 30 day subscription to our online brief library will be provided at NO All we ask in return is that you click the "Share It" button when you finish your day's briefing so that others can share your wisdom.
www.brief-master.com   (711 words)

 Observations For Law Students on Appellate Brief Writing in California Courts
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.
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.
This does not mean that the brief should be a weak, spineless impartial presentation; it should be a strong argument, but its strength should lie in well supported propositions and not in loose talk.
www.witkin.com /pages/traynor_pages/witkin_on_writing.htm   (1764 words)

 Brief Law Guide
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.
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.
Brief summaries of the Judgements of the ECJ and the CFI are also published, with some delay, in the Official Journal of the European Union.
www.ma-eus.leidenuniv.nl /index.php3?c=6   (1345 words)

 Amazon.com: Books: Due Process of Law: A Brief History   (Site not responding. Last check: 2007-11-06)
Out of these assumptions about natural law certain models were developed, such as one cannot make people judge in their own case as a matter of procedural due process, or taking from A to give to B as a example of economically substantive due process.
Due process of law, as a phrase and as a concept, was already old at the time it was adopted by American constitution-writers, both state and federal.
It's too sketchy to be of use to lawyers or law students and too devoid of political history of judicial biography to be of interest to laymen.
www.amazon.com /exec/obidos/tg/detail/-/0700612424?v=glance   (1217 words)

 GLR: the Griffith Law Review - Brief History   (Site not responding. Last check: 2007-11-06)
The Griffith Law School was founded in part to provide something new in Australian legal education: an innovative, inter-disciplinary and theoretically informed curriculum.
In 1996 the GLR was expanded in size and modernised in design to reflect the aims and spirit of a young law school providing a critical legal education.
Then in 2003, the GLR was again modernised in design to better reflect the current design of the Griffith Law School, and the university as a whole.
www.gu.edu.au /text/publication/glr/frameset1b.html   (147 words)

 Numeric Index Brief of Law   (Site not responding. Last check: 2007-11-06)
Counsel is not required to forward the brief at the time of billing; however, it is expected to be available upon request.
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.
www.legalaid.ab.ca /Legalaid/lah/tariff/numeric32.html   (298 words)

 canon law on Encyclopedia.com   (Site not responding. Last check: 2007-11-06)
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.
www.encyclopedia.com /html/c1/canonlaw.asp   (573 words)

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