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Case citations are used to find a particular case, both when looking up a case in a printed reporter and when accessing it via the Internet or services such as LexisNexis or Westlaw. This format also allows different cases with the same parties to be easily differentiated. For example, looking for the U.S. Supreme Court case of Miller v.
A brief (Old French from Latin "brevis", short) is a written legal document used in various legal adversarial systems that is presented to a court arguing why one party to a particular case should prevail. In England and Wales (and other Commonwealth countries, e.g., Australia) the phrase refers to the papers given to a barrister when they are ...
In this format, the authorities are listed under each issue presented for review. A table of points and authorities serves as a table of contents for the argument section of a brief, followed by a list of the cases and statutes upon which the brief relies.
Similar to a merits brief, the Supreme Court requires a booklet-formatted and printed Joint Appendix. [ 3 ] A Joint Appendix usually contains: 1) a table of contents; 2) relevant docket entries in the courts below; and 3) relevant pleadings , jury instruction , findings, conclusions, opinions or the judgment under review.
In the IRAC method of legal analysis, the "issue" is simply a legal question that must be answered. An issue arises when the facts of a case present a legal ambiguity that must be resolved in a case, and legal researchers (whether paralegals, law students, lawyers, or judges) typically resolve the issue by consulting legal precedent (existing statutes, past cases, court rules, etc.).
The persuasive document, a motion or a brief, attempts to persuade a deciding authority to favorably decide the dispute for the author's client. Motions and briefs are usually submitted to judges, but also to mediators, arbitrators, and others. In addition a persuasive letter may attempt to persuade the dispute's opposing party.