Trial Brief - Law Dictionary Search Results
Home Dictionary Name: trial brieftrial brief
trial brief Document prepared for and used by attorney at trial which contains, among other things, issues to be tried, synopsis of evidence and witnesses to be presented, and case and statutory authority for the position of counsel at trial. Source: FindLaw ...
Brief
Brief [fr. brevis, Lat.; brief, Dutch, a letter], an abbreviated statement of the pleadings, proofs, and affidavits in any legal proceeding, with a concise narrative of the facts and merits of the plaintiff's case, or the defendant's defence, for the instruction of counsel at the trial or hearing. See BARRISTER.Also a document bearing the royal signature addressed to bishops and clergy, authorizing the collection in churches of money for charitable purposes therein mentioned. The issue of such documents was regulated by 4 Anne, c. 14, repealed by 9 Geo. 4, c. 42, and is still legal, though disused for many years.Brief, is a breviated statement of a case which comprises a barrister's instructions to appear at a hearing. It contains all the information and papers to be used by the barrister to conduct the case, including proofs of all witnesses' evidence. Acceptance of brief does not give rise to any contractual obligation between a barrister and either the professional or lay client, Ha...
appellate brief
appellate brief Written arguments by counsel required to be filed with appellate court on why the trial court acted correctly (appellee's brief) or incorrectly (appellant's brief). Source: FindLaw ...
brief
brief [Old French bref brief letter, writ indicating legal proceedings, from Late Latin brevis breve short document, summary, from Latin brevis, adjective, short] 1 : a concise statement of a client's case written for the instruction of an attorney usually by a law clerk called also memorandum 2 : a formal written presentation of an argument that sets forth the main points with supporting precedents and evidence NOTE: Briefs are filed either by a party or an amicus curiae with a court usually regarding a specific motion (as for summary judgment) or point of law. The form of the brief is determined by the procedural rules of that court or jurisdiction. vt : to write a brief concerning (a motion or question of law) ...
Brandeis brief
Brandeis brief [from Louis D. Brandeis (1856-1941), who introduced evidence of social and economic factors in his arguments before the Supreme Court in the case Muller v. Oregon] : a brief containing information and statistics relevant to social and economic problems in addition to arguments of law and fact ...
reply brief
reply brief : a brief that is filed with the plaintiff's reply and that sets forth the arguments in support thereof ...
Ander's brief in criminal procedure
Ander's brief in criminal procedure, means a brief filed by a court-appointed defense attorney who wants to withdraw from the case on appeal based on a belief that the appeal is frivolous, Black Law Dictionary, 7th Edn., p. 86....
New trial
New trial. If any defect of judgment happen from causes wholly extrinsic, i.e., arising from matters foreign to or dethors the record, the only remedy the party injured by it has (except formerly error coram nobis or vobis in some few cases) is by applying to the Court for a new trial, which is in substitution for a bill of exceptions. But the Court must be satisfied that there are strong probable grounds to suppose that the merits have not been fairly and fully discussed, and that the decision is not agreeable to the justice and truth of the case before they will grant a new trial.The following is a summary of the cases in which a new trial may be granted. They are all subject to the rule that in an action of contract, unless some right independent of the damages be in question, the amount in dispute must be 20l. at least for the Court to interfere.(1) Mistakes, etc., of a judge. If a judge misdirect a jury, even in a penal action, it is generally a good ground for a new trial. So if ...
Trial
Trial, does not exclude a proceeding relating to the delivery of judgment, Inayat v. Rex, AIR 1950 All 369: 1950 All LJ 127: 1950 All WR 245.Trial, is not necessary that the trial must be a full-dressed or a jury trial or a trial which concludes only after taking evidence of the parties in support of their respective cases, Dipak Chandra Ruhidas v. Chanden Kumar Sarkar, AIR 2003 SC 3701.Trial, is the conclusion, by a competent tribunal, of question in issue in legal proceedings, whether civil or criminal. Strouds Judicial Dictionary (5th Edn.) Indian Bank v. Maharashtra State Co-op. Marketing Federation Ltd., (1998) 5 SCC 69.Trial, is the examination by a competent court of the facts or laws in dispute, or put in issue in a case. It is the judicial examination of issues between the parties, whether they are of law or of fact, Sajjan Singh v. Bhagilal Pandya, AIR 1958 Raj 307.Trial, is understood as referring to the stage of the proceeding in a criminal case after the charge had been fr...
Fair trial
Fair trial, means a trial in which bias or prejudice for or against the accused, the witnesses, or the cause which is being tried is eliminated. If the witnesses get threatened or are forced to give false evidence that also would not result in a fair trial. The failure to hear material witnesses is certainly denial of fair trial. The fair trial for a criminal offence consists not only in technical observance of the frame and forms of law, but also in recognition and just application on its principles in substance, to find out the truth and prevent miscarriage of justice, Zahira Habibulla H. Sheikh v. State of Gujarat, (2004) 4 SCC 158 (187). (Constitution of India, Art. 21).A trial by an impartial and disinterested tribunal is accordance with regular procedure, Black's Law Dictionary, 7th Edn., p. 617.Mean a trial before an impartial judge, a fair prosecutor and atmosphere of judicial claim. Fair trial means a trial in which bias or prejudice for or against the accused, witnesses or th...
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