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 presentations made to an appellate court. Oral arguments are a formal oral presentation made by an attorney representing the appellant or respondent in a case. During an oral argument, the attorney typically speaks for a set amount of time and addresses specific legal points and arguments that support their position in the case. The appeals court judge or judges will then provide the attorney with a chance to respond to any questions they may have. A brief on appeal is a written legal document that provides the appellant or respondent with an opportunity to present their arguments and legal points in writing. The brief typically includes an argument section that outlines the arguments supporting their position in the case. Also included in the brief are citations to legal authority, such as cases and statutes, and facts and evidence that support those arguments. The appellant or respondent can also include a section with counterarguments to the opposing party’s position. In Mississippi, both an oral argument and a brief on appeal are important elements of appellate law. The oral argument provides the appellate court with a chance to hear directly from the attorney and ask questions. The brief provides the court with the written legal arguments and evidence presented by each party. Ultimately, the appellate court uses the arguments and evidence from both an oral argument and a brief on appeal in order to render a decision in a case.
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