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Glossary

Merits brief

A merits brief is a party's main written argument about how the Supreme Court should decide the case.

Definition

A merits brief is a party's main written argument about how the Supreme Court should decide the case.

Why it matters

Merits briefs frame the legal questions, authorities, facts, and requested rule before argument and decision.

Common confusion

A merits brief is different from a petition for certiorari, which asks the Court to take the case in the first place.

Live examples

No public-ready examples yet.