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A bench memorandum (pl. bench memoranda) (also known as a bench memo) is a short and neutral memorandum that summarizes the facts, issues, and arguments of a court case. 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 ...
The brief may also be accompanied by an appendix that includes copies of the lower court opinions and other documents or court opinions cited in the brief. The particular required format of briefs is a matter of local court procedural rules.
The First and Eleventh District Courts of Appeals in Ohio require that under each issue presented for review, the brief shall list alphabetically, in a further indented subparagraph, the cases cited in support of the issue, followed by a list of the statutes, rules, and other authorities cited in support of the issue. [6] [7]
Courts may also have the discretion to decide a case without presentation of oral argument, rendering their judgment entirely based on the arguments set forth in the parties' briefs. [4] David Tatel , judge in the US Court of Appeals for the District of Columbia Circuit , has referred to a "long-established rule" that contentions made for the ...
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.
Other memorandum formats include briefing notes, reports, letters, and binders. They may be considered grey literature. Memorandum formatting may vary by office or institution. For example, if the intended recipient is a cabinet minister or a senior executive, the format might be rigidly defined and limited to one or two pages. If the recipient ...
In this example, 133 is the annual issue of the court reports, II the part indicating the division of the Court, and 292 the page on which the decision begins. Optionally, "E. 3.2" and "S. 296" are the section and page specifically cited.
Such citations and abbreviations are found in court decisions, statutes, regulations, journal articles, books, and other documents. Below is a basic list of very common abbreviations. Because publishers adopt different practices regarding how abbreviations are printed, one may find abbreviations with or without periods for each letter.