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This document is a legal brief submitted to the Utah Supreme Court by the plaintiffs, Armand L. Smith and Virginia L. Smith, in the case against Price Development Company regarding the constitutionality of Utah Code Ann. § 78-18-1(3) concerning punitive damages. The brief argues that the statute represents a \'taking\' of the Smiths\' constitutionally vested property rights and addresses issues of separation of powers and equal protection under both state and federal law.
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How to fill out brief of appellee
How to fill out brief of appellee
01
Begin with the title of the brief, indicating that it is a brief of appellee.
02
Include a caption with case name, number, and court information.
03
State your identity as the appellee and provide relevant contact information.
04
Summarize the arguments of the appellant and state your position.
05
Provide a table of contents if required by the court rules.
06
Present a statement of the case, including facts and procedural history.
07
Define the issues raised by the appellant.
08
Present legal arguments in support of affirming the lower court’s decision.
09
Cite relevant statutes, case law, and evidence.
10
Conclude with a request for the court to affirm the lower court’s judgment.
11
Include a certificate of service indicating the brief has been served to all parties.
Who needs brief of appellee?
01
The appellee, or the party responding to an appeal, needs a brief of appellee to present their arguments and support the lower court's decision.
02
Attorneys representing clients in appellate cases need to prepare a brief of appellee to advocate for their client's interests.
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What is brief of appellee?
A brief of appellee is a written legal document submitted to a court outlining the arguments and points of law made by the appellee in response to the appellant's appeal. It defends the lower court's decision.
Who is required to file brief of appellee?
The appellee, which is the party that won in the lower court, is required to file the brief of appellee.
How to fill out brief of appellee?
To fill out a brief of appellee, one should format the document according to court rules, include case information, summarize the case background, outline arguments supporting the lower court's decision, and conclude with a request for the court to uphold the decision.
What is the purpose of brief of appellee?
The purpose of the brief of appellee is to present the appellee's legal arguments against the appeal, to clarify facts, and to support the decisions made by the lower court.
What information must be reported on brief of appellee?
The brief of appellee must report case caption, table of contents, relevant facts, legal arguments, applicable laws, and a conclusion summarizing the request to affirm the lower court's ruling.
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