BRIEF (See also:

• LAT

Lat. brevis, See also:

• SHORT, FRANCIS JOB (1857– )

short)  , in See also:

• ENGLISH

English legal practice, the written statement given to a See also:

• BARRISTER

barrister to See also:

• FORM (Lat. forma)

form the basis of his See also:

• CASE
• CASE, JOHN (d. 1600)

case . It was probably so called from its at first being only a copy of the See also:

• ORIGINAL

original See also:

• WRIT (O. Eng. gewrit, writ, from writan, to write)

writ . Upon a barrister devolves the See also:

• DUTY (from " due," that which is owing, O. Fr. deu, dil, past participle of devoir; Lat. debere, debitum; cf. " debt ")

duty of taking See also:

• CHARGE
• CHARGE (through the Fr. from the Late Lat. carricare, to load in a carrus or wagon; cf. " cargo ")

charge of a case when it comes into See also:

• COURT
• COURT (from the O. Fr. court, Late Lat. cortis, curtis, a popular form of class. Lat. cohors, gen. cohortis; the mod. Fr. form tour is due to the influence of the Lat. curia, the word used in medieval documents to translate " court " in the feudal sense)
• COURT, ANTOINE (1696-176o)

court, but all the preliminary See also:

• WORK

work, such as the See also:

• DRAWING

drawing up of the case, serving papers, marshalling See also:

• EVIDENCE (Lat. evidentia, evideri, to appear clearly)

evidence, &c., is performed by a See also:

• SOLICITOR

solicitor, so that a brief contains a concise See also:

• SUMMARY

summary for the See also:

• INFORMATION (from Lat. informare, to give shape or form to, to represent, describe)

information of counsel of the case which he has to plead, with all material facts in See also:

• CHRONOLOGICAL

chronological See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order, and frequently such observations thereon as the solicitor may think See also:

• FIT

fit to make, the names of witnesses, with the "proofs," that is, the nature of the evidence which each See also:

• WITNESS
• WITNESS (from O. Eng. witan, to know)

witness is ready to give, if called upon . The brief may also contain suggestions for the use of counsel when See also:

• CROSS

cross-examining witnesses called by the other See also:

• SIDE
• SIDE (mod. Eski Adalia)

side . Accompanying the brief may be copies of the pleadings (see See also:

• PLEADING (Fr. plaider, plaidoyer)

PLEADING), and of all documents material to the case . The brief is always endorsed with the See also:

• TITLE (0. Fr. title, mod. titre, from Lat. titulus)

title of the court in which the See also:

• ACTION

action is to be tried, with the title of the action, and the names of the counsel and of the solicitor who delivers the brief . Counsel's See also:

• FEE

fee is also marked . The delivery of a brief to counsel gives him authority to See also:

• ACT (Lat. actus, actum)

act for his client in all matters which the 'litigation involves . The result of the action is noted on the brief by counsel, or if the action is compromised, the terms of the See also:

• COMPROMISE (pronounced compromize; through Fr. from Lat. compromittere)

compromise are endorsed on each brief and signed by the leading counsel on the opposite side . In See also:

• SCOTLAND
• SCOTLAND, CHURCH OF
• SCOTLAND, EPISCOPAL CHURCH OF

Scotland a brief is called a memorial . In the See also:

• UNITED

United States the word has, to a certain extent, a different meaning, a brief in its English sense not being required, for the See also:

• AMERICAN

American See also:

• ATTORNEY (from O. Fr. atorne, a person appointed to act for another, from atourner, legal Lat. attornare, attorn, literally to turn over to another or commit business to another)

attorney exercises all the functions distributed in See also:

• ENGLAND
• ENGLAND, THE CHURCH OF

England between barristers and solicitors . A lawyer sometimes prepares for his own use what is called a trial brief " for use at the trial .

This corresponds in all essential particulars. with the " brief " prepared by the solicitor in England for the use of counsel . But the more distinctive use of the See also:

• TERM

term in See also:

• AMERICA

America is in the case of the brief " in See also:

• ERROR (Lat. error, from errare, to wander, to err)

error or See also:

• APPEAL

appeal," before an. appellate court . This is a written or printed document, varying according to circumstances, but embodying the See also:

• ARGUMENT

argument on the question affected . Most of the appellate courts require the filing of printed briefs for the use of the court and opposing counsel at a See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time designated for each side before See also:

• HEARING (formed from the verb " to hear," O. Eng. hyran, heron, &c., a common Teutonic verb; cf. Ger. Koren, Dutch hooren, &c.; the O. Tent. form is seen in Goth. hausjan; the initial h makes any connexion with " ear," Lat. audire, or Gr. &Kobew very doub

hearing . In the rules of the United States Supreme Court and See also:

• CIRCUIT (Lat. circuitus, from circum, round, and ire, to go)

circuit courts of appeals the brief is required to contain a concise statement of the case, a See also:

• SPECIFICATION (from Med. Lat. specificatio, specificare, to enumerate or mention in detail)

specification of errors relied on, including the substance of evidence, the See also:

• ADMISSION

admission or rejection of which is to be reviewed, or any See also:

• EXTRACT (from Lat. extrahere, to draw out)

extract from a charge excepted to, and an argument exhibiting clearly the points of See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law or fact to be discussed . This form of brief, it may be added, is also adopted for use at the trial in certain states of the See also:

• UNION
• UNION (known locally as Union Hill and officially as Town of Union)

Union which require printed briefs to be delivered to the court . In English ecclesiastical law a brief meant letters patent issued out of See also:

• CHANCERY

chancery to churchwardens or other See also:

• OFFICERS

officers for the collection of See also:

• MONEY

money for See also:

• CHURCH
• CHURCH (according to most authorities derived from the Gr. Kvpcaxov [&wµa], " the Lord's [house]," and common to many Teutonic, Slavonic and other languages under various forms—Scottish kirk, Ger. Kirche, Swed. kirka, Dan. kirke, Russ. tserkov, Buig. cerk
• CHURCH, FREDERICK EDWIN (1826-1900)
• CHURCH, GEORGE EARL (1835–1910)
• CHURCH, RICHARD WILLIAM (1815–189o)
• CHURCH, SIR RICHARD (1784–1873)

church purposes . Such briefs were regulated by a See also:

• STATUTE

statute of 1704, but are now obsolete, though they are still to be found named in one of the rubrics in the Communion service of the See also:

• BOOK

Book of See also:

• COMMON

Common See also:

• PRAYER (from Lat. precari, entreat; Ital. pregaria, Fr. priere)
• PRAYER, BOOK OF COMMON

Prayer . The brief-bag, in which counsel's papers are carried' to and from court, now forms an integral See also:

• PART

part of a barrister's outfit, but in the See also:

• EARLY
• EARLY, JUBAL ANDERSON (1816-1894)

early part of the 19th See also:

• CENTURY (from Lat. centuria, a division of a hundred men)

century the See also:

• POSSESSION
• POSSESSION (Lat. possessio, possidere, to possess)

possession of a brief-bag was strictly confined to those who had received one from a See also:

• KING
• KING (O. Eng. cyning, abbreviated into cyng, cing; cf. O. H. G. chun- kuning, chun- kunig, M.H.G. kiinic, kiinec, kiinc, Mod. Ger. Konig, O. Norse konungr, kongr, Swed. konung, kung)
• KING [OF OCKHAM], PETER KING, 1ST BARON (1669-1734)
• KING, CHARLES WILLIAM (1818-1888)
• KING, CLARENCE (1842–1901)
• KING, EDWARD (1612–1637)
• KING, EDWARD (1829–1910)
• KING, HENRY (1591-1669)
• KING, RUFUS (1755–1827)
• KING, THOMAS (1730–1805)
• KING, WILLIAM (1650-1729)
• KING, WILLIAM (1663–1712)

king's counsel . King's counsel were then few in number, were considered officers of the court, and had a See also:

• SALARY

salary of f40 a See also:

• YEAR

year, with a See also:

• SUPPLY (through Fr. from Lat. supplere, to fill up)

supply of See also:

• PAPER
• PAPER (Fr. papier, from Lat. papyrus)

paper, pens and See also:

• PURPLE

purple bags . These bags they distributed among rising juniors of their acquaintance, whose bundles of briefs were getting inconveniently large to be carried in their hands . These perquisites were abolished in 183o .

English brief-bags are now either See also:

• BLUE (common in different forms to most European languages)

blue or red . Blue bags are those with which barristers provide themselves when first called, and it is a See also:

• BREACH (Mid. Eng. breche, derived from the common Teutonic root brec, which appears in " break," Ger. brechen, &c.)

breach of See also:

• ETIQUETTE

etiquette to let this bag be visible in court . The only brief-bag allowed to be placed on the desks is the red bag, which by English legal etiquette is given by a leading counsel to a junior who has been useful to him in some important case .