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Biiief

Defined in 1 dictionary — Anderson (1889)

A Dictionary of Law

William C. Anderson · 1889

6 A concise statement; an epitome; an abridgment. Sometimes used in a verbal sense, to reduce to the form of a brief, etc. See State, 1. Brief of title. An abstract of the deeds, judicial proceedings, etc., which affect a title to realty. See further Abstract, 2. Compare also Sea-beief. 1. In very old law, a writ. See Breve. 2. An abridged statement of a party's case, prepared by his counsel, usually for the information of the court on the matters of law involved.** See Paper, 5. In England the essentials of a case as prepared in writing by the solicitor or attorney for the use of the barrister who is to conduct the case in court is called "the brief" in the case. In America the term designates the memorandum counsel take into court or to a ' Hamilton v. Vicksburg, &c. R. Co., 119 TJ. S. 281-82 (1886). Field, J. » Decker v. Baltimore & N. Y. R. Co., 30 F. R. 734-28 (1887), cases, Wallace, J. a Stockton, Attorney-CJeneral v. Baltimore, &c. R. Co., S2 F. R. 9, 10 (1887), cases, Bradley, J. Same case, 86 Alb. Law J. 371. « See 3 Bl. Com. 219; 4 id. 167; Enfield Toll Bridge ■a. Hartford, &c. R. Co., 17 Conn. 40, 66 (1846), cases. hearing before an auditor, master, or other commissioner, to assist in elucidating the law, and, perhaps, the facts in a particular case; also, the statement of the law (statutes, decisions, etc.) supposed to apply to a case pending before a court of review, and filed for the information of the court and of opposing counsel.i Briefless. Without briefs; without business requiring the preparation of briefs; without clients. Within the meaning of the rules of an appellate court, a " brief " is a statement of a case for the information of the court. It should furnish aid in deciding the case — show why the judgment below should be either reversed or affirmed.' After the trial or argument of a cause, though the counsel of one of the parties gives iiotice that he will furnish the court a brief of authorities, a decision may be rendered without giving time for the preparation of the brief. The reception of briefs being for the assistance of the court, the judges, who are presumed to know the law, are not bound to receive them.'^