What is an appellate brief?

An appellate brief is a legal document that is filed with an appeals court by an attorney or litigant. The brief outlines the facts and law related to the case, as well as arguing why the court should decide the case in their favor. In California, an appellate brief must provide a clear and concise statement of the facts, the legal issues, and the legal authorities that support each of the litigant’s legal positions. The appellate brief must also identify and explain any applicable standard of review, which is a set of rules that a court must follow in deciding an appeal. In California, these standards vary depending on the type of case being argued, but most appeals follow either a de novo standard of review or a substantial evidence standard of review. Finally, the appellate brief must contain the litigant’s argument for why the trial court’s decision should be overturned, as well as any alternative relief sought. This means that the appellant should include any evidence or legal argument that he or she believes establishes that the trial court’s decision was wrong in some way. An appellate brief is an important document in the appeals process, as it allows the court to understand the argument of each party and evaluate the case on its merits. It is the responsibility of both parties to ensure that their briefs are clear, concise, and contain adequate legal authority to support their positions.

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