Function
The brief or memorandum establishes the legal argument for the party, explaining why the reviewing court should affirm or reverse the lower court's judgment based on legal precedent and citations to the controlling cases or statutory law. To achieve these ends, the brief must appeal to the accepted forces such as statutory law or precedent, but may also include policy arguments and social statistics when appropriate. For example if the law is vague or broad enough to allow the appellate judge some discretion in his decision making, an exploration of the consequences of the possible decision outside of legal formalism may provide guidance. Such arguments may also support a legal argument when the purpose of the law at issue may be clear, but the particular application of that law in service of that purpose is in dispute.
Read more about this topic: Brief (law)
Famous quotes containing the word function:
“Our father has an even more important function than modeling manhood for us. He is also the authority to let us relax the requirements of the masculine model: if our father accepts us, then that declares us masculine enough to join the company of men. We, in effect, have our diploma in masculinity and can go on to develop other skills.”
—Frank Pittman (20th century)
“Think of the tools in a tool-box: there is a hammer, pliers, a saw, a screwdriver, a rule, a glue-pot, nails and screws.—The function of words are as diverse as the functions of these objects.”
—Ludwig Wittgenstein (1889–1951)
“It is not the function of our Government to keep the citizen from falling into error; it is the function of the citizen to keep the Government from falling into error.”
—Robert H. [Houghwout] Jackson (1892–1954)