BRIEF

A complete statement of facts of the case

Appellant’s brief: contents

1. Title of the case
2. Crime charged
3. Material dates—to find out if appeal was made within reglementary period
a. When copy of judgment is received
b. When appeal was made
4. Facts upon which judgment was based
5. Decision being appealed from
6. Arguments in support of appeal
7. Prayer
Appellee’s brief: counterstatement
of facts

MEMORANDUM
Summary that the party would make at the last minute; lays down the principles and
authorities

Sometimes a case is won through a memorandum

Disadvantage in the appellate court—cannot Observe the demeanor of the witness

Findings of fact of the trial court are given greater weight
Usually the appellate court sustains the trial court
Counsel of the appellant must highlight the error