Also known as:legal briefs · brief · briefs · court brief · appellate brief
Written by attorneys · grounded in primary & secondary sources — see below
A written document submitted to a court or administrative body that presents the facts of a case, the legal arguments, and supporting authorities for a party's position.
Sources & Authorities· 28 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Tag Jurisdiction Challenge
Levi Lowe was served with process during a brief visit to the forum state on an unrelated matter. His counsel submitted a legal brief arguing that transient presence could not support personal jurisdiction. The court rejected the argument and upheld jurisdiction under the governing rule.
Expert Testimony Motion
Lotus Pharmaceuticals moved to exclude expert evidence in a products liability suit. Its legal brief applied the reliability factors from the controlling precedent to the proffered testimony. The court granted the motion after finding the methodology unreliable.
Daubert v. Merrell Dow Pharmaceuticals, Inc.509 U.S. 579, 592 (1993)
Agency Rule Challenge
Linden Logistics challenged an agency regulation in federal court. Its legal brief contended that the agency had exceeded its statutory authority under the governing standard of review. The court upheld the regulation after deferring to the agency's reasonable interpretation.
Vermont Yankee Nuclear Power Corp. v. Nat. Res. Def. Council, Inc.467 U.S. 837, 843, 104 S. Ct. 2778, 2781, 81 L. Ed. 2d 694 (1984)
Defamation Summary Judgment
Lakewood Manufacturing sued a newspaper for defamation over an article about its products. The defendant's legal brief argued that the plaintiff was a public figure required to prove actual malice. The court granted summary judgment after finding insufficient evidence of that element.
New York Times v. Sullivan376 U.S. 254 (1964)
Zoning Ordinance Dispute
Lakeshore Industries sought to develop land subject to a local zoning restriction. Its legal brief asserted that the ordinance constituted an unconstitutional taking. The court upheld the regulation as a valid exercise of police power advancing legitimate public interests.
Village of Euclid Ohio v. Ambler Realty Co.272 U.S. 365, 47 S.Ct. 114, 71 L.Ed 303 (1926)
Legislative Veto Challenge
Lamar Lewis challenged a congressional resolution that blocked his deportation. His legal brief argued that the one-house veto violated separation of powers. The court struck down the mechanism as an unconstitutional exercise of legislative power without bicameralism and presentment.
Immigration & Naturalization Service v. Jagdish Rai Chadha462 U.S. 919, 954 n. 16, 103 S.Ct. 2764, 2785 n. 16, 77 L.Ed.2d 317
Common questions
Frequently Asked
3
What is the primary purpose of a legal brief?+
A legal brief presents the facts, legal arguments, and authorities supporting a party's position so the court can decide the issues presented.
Supporting sources
When must parties file pretrial briefs under the federal rules?+
The court may schedule the filing and exchange of pretrial briefs as part of managing the pretrial conference process.
Supporting sources
Can motions be decided without oral argument using briefs?+
A court may provide by rule or order for submitting and determining motions on briefs without oral hearings.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…Similarly, I will not give to a woman an abortive remedy."[^maj-15] Although the Oath is not mentioned in any of the principal briefs in this case or in Doe v. Bolton , post , p. 179, it represents the apex of the development of strict ethical concepts in medicine, and its influence endures to this day. Why did not…