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Report No. 99

Chapter 3

Written Briefs in Partial Substitution of Oral Arguments

3.1. Written briefs.-

We now come to the topic of written arguments. In the U.S.A. these are known as "briefs", and that is a convenient expression which we shall use frequently, hoping that the lay reader will not make a confusion between:-

(i) a "brief" in the sense of a set of instructions given by the client to his counsel (usually, through a solicitor), and

(ii) a "brief" in the sense of a statement in writing, (usually prepared in an elaborate form) of the legal propositions on which counsel seeks to rely, delivered by the counsel to the court.

The first is given to the counsel (by the client), while the second is given by the counsel (to the court). The emphasis in the first is on facts. The emphasis in the second is mainly on points of law-except that what has come to be known, is the "Brandeis brief1" is expected to give certain sociological and economic data relevant for constitutional adjudication.

1. See para. 3.15, infra.

Oral and Written Arguments in the Higher Courts Back

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