The federal court system encompasses Federal District Courts, Federal Courts of Appeal, and the United States Supreme Court. State court systems usually have trial courts (sometimes called Superior Courts or Circuit Courts), appellate courts, and the state supreme court. [1] X Research source
A trial brief is provided to a judge as a written presentation of the facts and law that you feel backs up your argument as to why you should win your case. (In a trial, if you’re the person who started the lawsuit you’re known as the “plaintiff”. If you’re the one being sued, you’re called the “defendant”. )[2] X Research source An appellate brief comes into play primarily when someone has lost a trial, and wants a higher court to overturn (reverse) the decision. (This is known as an “appeal”. ) The purpose of the appellate brief is: To convince the higher court that the trial court’s decision was wrong (if you’re the person—known as the “appellant” or “petitioner”—who lost the case and is appealing the decision), or To defend the trial court’s decision (if you’re the person—known as the “appellee” or “respondent”—who won the trial). [3] X Research source
Federal courts usually have a website that will give you access to the court rules. For example, the rules governing federal appellate briefs can be found here. Many state courts have websites. Some may have their procedural rules posted online. If your state doesn’t provide this service, then you’ll have to check legal research sites online (some of which you may have to pay for), or go to a law library to find the rules. Most courthouses have law libraries that are open to the public.
A neighbor’s responsibility if a tree limb, hanging over your property from his or her yard, falls and damages your house Whether a landlord who’s trying to evict you for non-payment of rent is obligated to accept your offer to pay the overdue amount A municipality’s liability for damage to your car caused by an unrepaired pothole.
There are online legal research services, but normally you have to pay to use them. The alternative is to go to a law library, where you can research online or by using the law books available there. Law librarians can help you find the research tools you need, but doing the actual research is up to you.
Paper: opaque and unglazed Line spacing: double-spaced for standard text; single-spaced for quotations, headings and footnotes Paper size: 8. 5” x 11” Margins: one inch all around Type size: 12 point, usually Times New Roman, Arial, or Courier (The Supreme Court of The United States requires a font from the Century family) Sides of page available for text: One side only. [4] X Research source
The Cover Page is where you’ll list the court name, the names of the parties involved in the case, the court case number (usually known as a “docket number”), the type of brief (trial or appellate), your status (plaintiff or defendant; appellant or appellee), and your name, address, and contact information. The Table of Contents is pretty much what you’d expect. It breaks down the various sections of the brief, and indicates the page on which each section begins. The Table of Authorities is where you list the legal sources you’re referring to in your brief, such as statutes and case law citations. [5] X Research source You can find an example of a Cover Page, Table of Contents, and Table of Authorities here.
A Statement of Facts. This is where you’ll use the information you compiled in Part 2, Step 1, above. Lay out the facts in a logical order, basically leading from the beginning events of the case up to the time the case was filed in court. A Summary of the Argument. As the title implies, you’ll summarize how you believe the law applies to your circumstances. The Argument. Here’s where you’ll be able to expand on how the law applies to the facts of your case (such as by quoting prior cases similar to yours). Usually you’ll have the word “ARGUMENT” centered, in capital letters. Below that, and single-spaced, you’ll indicate the legal point you’re making, in just a few lines. The rest of the Argument section should be double-spaced, except for quotations (single-spaced). The Conclusion. This section is typically very short. You basically tell the court what you’re asking it to do. For example, if you’re the appellant in a case, you’ll respectfully request that the appellate court reverse the decision of the trial court. The Conclusion section is also where you sign the brief.
