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What is a merit brief?

Updated: 4/30/2024
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βˆ™ 14y ago

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A "brief" is a paper filed with the court for the court's use (usually in a case under consideration). Accordingly - the following of definition of legal "merit" will be self-explanatory.

"Merit is a term subject to various meanings, but in the legal context, merit refers to a claim which has a valid basis, setting forth sufficient facts from which the court could find a valid claim of deprivation of a legal right. Meritorious claims usually cite legal authorities, such as statutory laws or case law, to support their arguments. However, merit is a subjective term that takes various factors into account on a case-by-case basis. For example, a pro se defendant seeking post-conviction relief is often be expected to construct legal arguments, cite legal authority, or draft her petition as artfully as a lawyer would. If the evidence defeats the claim, the claim is "meritless."

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βˆ™ 2w ago

A merit brief is a legal document filed by a party in an appeal that presents arguments on the substantive legal issues of the case. It summarizes the facts of the case, identifies the legal questions at issue, and presents the party's legal arguments and authorities in support of their position.

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