BRIEF

in law, a document often in the form of a summary or abstract. The term is used primarily in common-law countries, and its exact meaning varies. In the United States a brief is a written legal argument that is presented to a court to aid it in reaching a conclusion on the issues of law involved in the case. It is employed for the most part in appellate courts and is of the utmost importance when no oral argument is made; it is used less frequently at the trial level. The usual procedure requires that the party seeking the relief that is asked for in the brief should present his written argument to his opponent and file it with the court. The opponent then files and serves an answering brief. Usually, the first counsel will have an opportunity to file a reply brief. On unusual occasions, specifically in constitutional cases, the brief may include extensive economic and sociological data; such a brief has become known as a Brandeis brief, after the U.S. Supreme Court justice Louis Brandeis, who in his days as a lawyer made effective use of it. When a court permits an outsider to file a brief in a case to which he is not a party, it is generally referred to as a brief amicus curiae (friend of the court). In England a brief is a document of instructions prepared by a solicitor for a barrister to follow in court. Only the barrister may appear before the high court (see barrister; solicitor), but he cannot act on behalf of a litigant except pursuant to instructions from a solicitor. In his brief, the solicitor will report on the evidence and proof available and include statements and interviews of witnesses or summaries thereof.