Comparative law notes
A brief or memorandum, as understood under US law, establishes the legal argument for the party in an appeals context, explaining why the reviewing court should affirm or reverse the lower court's judgment based on legal precedent and citations to the controlling cases or statutory law. To achieve these ends, the brief must appeal to the accepted forces such as statutory law or precedent, but may also include policy arguments and social statistics when appropriate. Since a Schriftsatz, in the context of a judicial or administrative proceeding, often contains these same detailed arguments and authoritative cites, this English term is often correctly used as a translation.
