What is the difference between an oral argument and a brief on appeal?

An oral argument and a brief on appeal are two different types of legal arguments used in appellate law in California. An oral argument is an argument made by a lawyer in court that is based on what has been written in the briefs. The argument is made in person and is meant to persuade the judges on the court to decide in favor of the lawyer’s position. A brief on appeal, on the other hand, is a legal document that is written and submitted to the court in advance of the oral argument. The brief outlines the arguments the lawyer will make in the oral argument and provides evidence that supports the lawyer’s position. The brief also sets out the legal reasons why the court should rule in the lawyer’s favor. In summary, the main difference between an oral argument and a brief on appeal is that an oral argument is a live argument that takes place in court, while a brief on appeal is a written document that is submitted to the court in advance of the oral argument.

Related FAQs

How are cases selected for review by an appellate court?
What is an amicus curiae brief?
What is the standard of review for an appellate court’s decision?
What is the scope of review for an appellate court?
What are the consequences of an appellate court’s decision?
What is the standard of review for an appellate court’s decision on an interlocutory order?
What is the process for obtaining an appellate court’s review of a case?
What are the grounds for appealing a judge’s decision?
What happens after a decision is rendered by an appellate court?
What is the process for obtaining an appellate court review of a trial court’s decision?

Related Blog Posts

Important Tips for Effective Appellate Law Representation - July 31, 2023
Inside the Appellate Courtroom: A Guide to Appellate Law Litigation - August 7, 2023
An Overview of Appellate Court Proceedings - August 14, 2023
Challenges of Appellate Law for Attorneys - August 21, 2023
Key Points Every Lawyer Needs to Know About Appellate Law - August 28, 2023