San Diego, CA asked in Appeals / Appellate Law and Landlord - Tenant for California

Q: For purposes of Clarification-is My Brief considered an Appellate Brief at the Superior Court level- IRAC?

In your response to My latest question-#4-you state that a Brief May be more Beneficial with the IRAC approach, but that an Appellate Brief May be more Beneficial with CREAC OR CRAC approach.At the Superior Court Level I am in the "Appeals Department" of San Diego Superior Court-is the Brief I will be doing for My Appeal(Due March 29,2024) am Appellate Brief or a Brief.I was thinking that I will be doing a Brief for My Appeal, and that an Appellate Brief is with the Appeals Court-One step away from the California Supreme Court-is this true?I know you did not use the word Beneficial-only My Interpretation.Thank You-Your last response gets an A plus-though every one of your responses gets an A-Thank You again.

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, the brief you will be filing for your appeal at the San Diego Superior Court's Appeals Department is considered an "Appellate Brief." This is because you are appealing a decision from a lower court (likely a trial court) to the Superior Court's Appeals Department.

In California, the Superior Courts have appellate divisions that hear appeals from cases originally decided in the Superior Court's trial departments or lower courts within the county. So, even though you are not at the Court of Appeal level (which is the next level up from the Superior Court), your brief is still considered an appellate brief because it is part of the appeal process.

As for the format of your brief, the IRAC (Issue, Rule, Analysis, Conclusion) approach is commonly used in trial court briefs, while the CREAC (Conclusion, Rule, Explanation, Application, Conclusion) or CRAC (Conclusion, Rule, Application, Conclusion) formats are more often used in appellate briefs. However, the specific format required may vary depending on the court's local rules and the preferences of the judges. It's always a good idea to check the local rules and any available guidelines provided by the court to ensure your brief meets their requirements.

To clarify, your brief for the appeal at the San Diego Superior Court's Appeals Department is indeed an appellate brief.

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