A legal brief is a formally prepared document (often printed) submitted to a certain court before a case is tried, showing the material the lawyer intends to produce, citing all his authorities, suggesting interpretations of laws and legal decisions to support his contentions, and giving all his conclusions.  It is prepared for the use of the court, to reduce the labor in examining records, etc.  Practice in the drawing up of such briefs is an important phase of legal study.

The Outline.  An outline may recall to a person’s mind what he already has learned, but it is seldom definite and informative enough to be as helpful as a brief.  A good distinction of the two—­besides the one respecting the forms already given—­is that the outline represents the point of view of the speaker while the brief represents that of the hearer.  Consider again the analyses of Burke in this chapter.  Notice that the first list does not give nearly so clear an idea of what Burke actually said as the third.  A person seeing only the first might guess at what the speaker intended to declare.  A person who looked at the third could not fail to know exactly the opinions of the speaker and the arguments supporting them.

Pupils frequently make this kind of entry: 

Introduction—­Time
              Place
              Characters

The main objections to such an outline are that it tells nothing definite, and that it might fit a thousand compositions.  Even an outline should say more than such a list does.

In one edition of Burke’s speech the page from which the following is quoted is headed “Brief.”  Is it a brief?

Part II.  How to deal with America.

  A. Introduction. 
  B. First alternative and objections. 
  C. Second alternative and objections. 
  D. Third alternative. 
  E. Introduction. 
  F. Considerations.

1.  Question one of policy, not of abstract right. 2.  Trade laws. 3.  Constitutional precedents. 4.  Application of these.

The Brief.  One of the shortest briefs on record was prepared by Abraham Lincoln for use in a suit to recover $200 for the widow of a Revolutionary veteran from an agent who had retained it out of $400 pension money belonging to her.  It formed the basis of his speech in court.

No contract.—­Not professional services.—­Unreasonable charge.—­Money retained by Def’t not given to Pl’ff.—­Revolutionary War.—­Describe Valley Forge privations.—­Pl’ff’s husband.—­Soldier leaving for army.—­Skin Def’t.—­Close.

The following will give some idea of the form and definiteness of briefs for debate.

CAPITAL PUNISHMENT

Resolved: That capital punishment should be abolished.[1]

Brief for the Affirmative