1answer.
Ask question
Login Signup
Ask question
All categories
  • English
  • Mathematics
  • Social Studies
  • Business
  • History
  • Health
  • Geography
  • Biology
  • Physics
  • Chemistry
  • Computers and Technology
  • Arts
  • World Languages
  • Spanish
  • French
  • German
  • Advanced Placement (AP)
  • SAT
  • Medicine
  • Law
  • Engineering
bija089 [108]
3 years ago
7

13 Points! Please help ASAP^^

History
1 answer:
Hitman42 [59]3 years ago
6 0

Answer:

Appellate brief

An appellate brief is a written legal argument presented to an appellate court. Its purpose is to persuade the higher court to uphold or reverse the trial court’s decision. Briefs of this kind are therefore geared to presenting the issues involved in the case from the perspective of one side only.

Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case. Unfortunately, they are rarely published. The U.S. Supreme Court is the only court for which briefs are regularly available in published form. The Landmark Briefs series (REF. LAW KF 101.9 .K8) includes the full texts of briefs relating to a very few of the many cases heard by this court. In addition, summaries of the briefs filed on behalf of the plaintiff or defendant for all cases reported are included in the U.S. Supreme Court Reports. Lawyer’s Ed., 2nd. series (REF. LAW KF 101 .A42).

Student brief

A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was decided, and analyze the reasoning behind decisions made by the courts.

Although student briefs always include the same items of information, the form in which these items are set out can vary. Before committing yourself to a particular form for briefing cases, check with your instructor to ensure that the form you have chosen is acceptable.

The parties and how to keep track of them

Beginning students often have difficulty identifying relationships between the parties involved in court cases. The following definitions may help:

Plaintiffs sue defendants in civil suits in trial courts.

The government (state or federal) prosecutes defendants in criminal cases in trial courts.

The losing party in a criminal prosecution or a civil action may ask a higher (appellate) court to review the case on the ground that the trial court judge made a mistake. If the law gives the loser the right to a higher court review, his or her lawyers will appeal. If the loser does not have this right, his or her lawyers may ask the court for a writ of certiorari. Under this procedure, the appellate court is being asked to exercise its lawful discretion in granting the cases a hearing for review.

For example, a defendant convicted in a federal district court has the right to appeal this decision in the Court of Appeals of the circuit and this court cannot refuse to hear it. The party losing in this appellate court can request that the case be reviewed by the Supreme Court, but, unless certain special circumstances apply, has no right to a hearing.

These two procedures, appeals and petitions for certiorari, are sometimes loosely grouped together as “appeals.” However, there is, as shown, a difference between them, and you should know it.

A person who seeks a writ of certiorari, that is, a ruling by a higher court that it hear the case, is known as a petitioner. The person who must respond to the petition, that is, the winner in the lower court, is called the respondent.

A person who files a formal appeal demanding appellate review as a matter of right is known as the appellant. His or her opponent is the appellee.

The name of the party initiating the action in court, at any level on the judicial ladder, always appears first in the legal papers. For example, Arlo Tatum and others sued in Federal District Court for an injunction against Secretary of Defense Melvin Laird and others to stop the Army from spying on them. Tatum and his friends became plaintiffs and the case was then known as Tatum v. Laird. The Tatum group lost in the District Court and appealed to the Court of Appeals, where they were referred to as the appellants, and the defendants became the appellees. Thus the case was still known at Tatum v. Laird.

When Tatum and his fellow appellants won in the Court of Appeals, Laird and his fellow appellees decided to seek review by the Supreme Court. They successfully petitioned for a writ of certiorari from the Supreme Court directing the Court of Appeals to send up the record of the case (trial court transcript, motion papers, and assorted legal documents) to the Supreme Court.

At this point the name of the case changed to Laird v. Tatum: Laird and associates were now the petitioners, and Tatum and his fellows were the respondents. Several church groups and a group of former intelligence agents obtained permission to file briefs (written arguments) on behalf of the respondents to help persuade the Court to arrive at a decision favorable to them. Each of these groups was termed an amicus curiae, or “friend of the court.”

In criminal cases, switches in the titles of cases are common, because most reach the appellate courts as a result of an appeal by a convicted defendant. Thus, the case ofArizona v. Miranda later became Miranda v. Arizona.

Student briefs

Explanation:

You might be interested in
How did tan pan alley best signify a cultural shift in the united states
ziro4ka [17]

Answer:

Tin Pan Alley exists both as a cultural construct, and as a physical place, the latter being a rough grouping of apartments, offices, rooms, spaces on West 28th Street between Fifth and Broadway in Manhattan. If you were to go there now, chances are you’d be underwhelmed by its mundane appearance. But, at the turn of the 20th century, this typical Manhattan neighborhood block represented a creative and commercial energy that was to have a hand in American music today.

Explanation:

3 0
3 years ago
Read 2 more answers
What are some forms of government in the world today?
allochka39001 [22]
Communism, socialism, democracy?? Hope this helped. Let me know if you were looking for a different type of answer
4 0
3 years ago
कंगूरे के गीत गाने वाले हम, आईए, अब नींव के गीत गाएं-
Klio2033 [76]

Answer:

कंगूरे के गीत गाने वाले हम, आईए, अब नींव के गीत गाएं- ० लेखक ने धन्य किसे कहा है? उसकी क्या महत्ता है? ० ईसाई धर्म किसके पुण्यों का फल है? लेखक आज कैसे नौ जवानों का आवाह्न कर रहा ...

Explanation:

4 0
3 years ago
Which policy did Manuel de Mier y Tehran recommend to the Mexican government
mars1129 [50]

Answer:

Law of April 6, 1830.

Explanation:

Manuel de Mier y Teran was a Mexican General who issued a report to the government in 1829. In his report, he initialized that slavery should be prohibited and this policy also called to close the borders to forbid any Americans come into the borders of Texas.

He outlined many recommendations in his report, of which many recommendations were adopted into the law under the Law of April 6, 1830. The laws were passed under the Presidentship of Anastasio Bustamante.

Therefore, the correct answer is Law of April 6, 1830.

4 0
3 years ago
Read the essay prompt. The emperors of the Roman Empire had a large influence on the ancient world. They were responsible for ma
Allisa [31]

Answer:D I took the test

Explanation: The essay prompt is asking for and argumentative essay because at the end of the prompt it’s asking “Which emperor did the most to improve the economy of the Roman Empire” this is asking “which Emperor” they want you to persuade them on why that “said emperor” did the most to improve..and so on and so forth.

5 0
2 years ago
Other questions:
  • How did advancements made by Gupta scholars spread from India across Asia? A.through an expansive trade network B.through the Ar
    10·2 answers
  • The Proclamation of 1763 prohibited colonists from moving to land
    6·1 answer
  • 1) Explain how industrialization impacted the lives of Americans​
    5·1 answer
  • How many openly gay members of the House of representatives are there the Senate
    11·1 answer
  • Question 8<br> Which of the following is not based on Latin? (4 points)
    5·2 answers
  • Why does Monroe mention Russia at the beginning of his address?
    13·1 answer
  • Section 1<br><br> 1. Create an acrostic poem using the words "Frightened", "Relieved" and "Safety".
    11·1 answer
  • How did the railroad industry affect farmers during the gilded age?
    14·1 answer
  • What is one goal listed in the preamble? Explain its importantance. HELP ITS DUE 11:59!!!​
    12·1 answer
  • Which of these was a crucial element of Alexander Hamilton’s financial program? A.the creation of the Department of the Treasury
    14·1 answer
Add answer
Login
Not registered? Fast signup
Signup
Login Signup
Ask question!