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For example, an appellate brief to the highest court in a jurisdiction calls for a formal style—this shows proper respect for the court and for the legal matter at issue. An interoffice legal memorandum to a supervisor can probably be less formal—though not colloquial—because it is an in-house decision-making tool, not a court document.
The Supreme Court ruled that any such motion must be accompanied by a brief (commonly referred to as an Anders brief) outlining the case and any potential (albeit possibly frivolous) grounds for appeal, that the appellate court must independently review the case, and that a defendant must be allowed the right to appeal either pro se or by other ...
Oral argument is not always considered an essential part of due process, as the briefs also give the parties an opportunity to be heard by the court. Whether a court will permit, require, or guarantee the opportunity to present oral argument is a decision usually left up to each court to decide as part of its rules of procedure, with ...
Appellate briefs are briefs that occur at the appeal stage. Memorandum of law may be another word for brief, although that term may also be used to describe an internal document in a law firm in which an attorney attempts to analyze a client's legal position without arguing for a specific interpretation of the law.
Sometimes, the appellate court finds a defect in the procedure the parties used in filing the appeal and dismisses the appeal without considering its merits, which has the same effect as affirming the judgment below. (This would happen, for example, if the appellant waited too long, under the appellate court's rules, to file the appeal.)
The statement of the case in an appeal brief is a secondary source on the trial. It is also a reliable source. This is because, although an appellate brief is written by an attorney representing the defendant, it is required to present the statement of the factual basis of the case from the best light of the prosecution or plaintiff.
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