Indictment of Sudanese president Omar al-Bashir by the International Criminal Court on charges of genocide in Darfur
1500 words
A legal brief is a written argument that a lawyer (or party to a case) submits to a court to persuade that court to rule in favour of her/his position. A brief must identify the legal issues, present the facts and request that a court follow a particular course of action, such as granting a motion during trial or reversing a lower court’s decision on appeal.
The topic of the legal brief is the indictment of Sudanese president Omar al-Bashir by the International Criminal Court on charges of genocide in Darfur. It is your choice whether you want to make the case that the indictment should be upheld or whether it should be scrapped.
A legal brief is a document used to submit an argument to a court. Briefs are generally written by lawyers and are intended to persuade the court to rule in your favour on a particular issue. Here are a few tips to help you write an effective legal brief.
1 Prepare a caption
Court rules state that every pleading should contain a caption including the name of the court, the title of the action, the file number and names of the parties.
2 Begin with a preliminary statement
This should identify the party submitting the brief and inform the court of the relief requested. Generally, a preliminary statement should be kept short and provide the court with enough information to understand the issues to be addressed in the brief.
3 State the facts relevant to the brief
Facts should not be misrepresented, but can be presented in a way that is favourable to your argument. Be sure to cite to the record to support these facts.
4 Make your argument
This is the part of the brief where you present your case. Analyze why the law supports the relief you are requesting. Apply the law to your set of facts and cite to cases that support your position. Generally, you should make your strongest arguments first, followed by secondary relevant arguments.
5 Acknowledge the counter-argument
It won’t help your case to ignore any valid arguments that can be made by the other side. Address these arguments and explain to the court why your case is different. Distinguish any relevant cases that do not support your argument on their facts.
6 Conclude your brief
Tell the court what relief you are seeking and ask for that relief.
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