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Bench memos are used by the judge as a reference during preparation for trial, the hearing of lawyers' arguments, and the drafting of a decision and also to give the judge an idea of the arguments given by each side in the court case. [1] Bench memos are generally written by the judge's law clerk. [citation needed]
Trial briefs are presented at trial to resolve a disputed point of evidence. Legal briefs are used as part of arguing a pre-trial motion in a case or proceeding. Merit briefs (or briefs on the merits) are briefs on the inherent rights and wrongs of a case, absent any emotional or technical biases
For example, an appellate brief to the highest court in a jurisdiction calls for a formal style—this shows proper respect for the court and for the legal matter at issue. An interoffice legal memorandum to a supervisor can probably be less formal—though not colloquial—because it is an in-house decision-making tool, not a court document.
The table of authorities, often called a TOA, is frequently a legal requirement for litigation briefs; the various state courts have different rules as to what kinds of briefs require a TOA. The TOA list has the name of the authority followed by the page number or numbers on which each authority appears, and the authorities are commonly listed ...
An appeals court judge rejects former President Donald Trump’s latest attempt to delay the start of the hush money trial on the grounds that presidential immunity protects him from being prosecuted.
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An appeals court in New York rejects Trump's attempt to delay the start of the trial that will decide how much he, his adult sons and business must pay after being found liable for financial fraud ...
Summary judgment in the United States applies only in civil cases. It does not apply to criminal cases to obtain a pretrial judgment of conviction or acquittal, in part because a criminal defendant has a constitutional right to a jury trial. [4] Some federal and state-court judges publish general guidelines and sample summary judgment forms.