How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law:
Title and Citation The title of the case shows who is opposing whom. The name of the person who initiated legal action in that particular court will always appear first. Since the losers often appeal to a higher court, this can get confusing.
The first section of this guide shows you how to identify the players without a scorecard. The citation tells how to locate the reporter of the case in the appropriate case reporter.
Facts of the Case A good student brief will include a summary of the pertinent facts and legal points raised in the case. Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion. Judges are not above being selective about the facts they emphasize.
The fact section of a good student brief will include the following elements: A one-sentence description of the nature of the case, to serve as an introduction.
A statement of the relevant law, with quotation marks or underlining to draw attention to the key words or phrases that are in dispute. A summary of the complaint in a civil case or the indictment in a criminal case plus relevant evidence and arguments presented in court to explain who did what to whom and why the case was thought to involve illegal conduct.
A summary of actions taken by the lower courts, for example: Issues The issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court.
Constitutional cases frequently involve multiple issues, some of interest only to litigants and lawyers, others of broader and enduring significant to citizens and officials alike. Be sure you have included both.
With rare exceptions, the outcome of an appellate case will turn on the meaning of a provision of the Constitution, a law, or a judicial doctrine. Capture that provision or debated point in your restatement of the issue.
Set it off with quotation marks or underline it. This will help you later when you try to reconcile conflicting cases. Board of Education involved the applicability of a provision of the 14th Amendment to the U. Many students misread cases because they fail to see the issues in terms of the applicable law or judicial doctrine than for any other reason.
There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers. Remember too, that the same case may be used by instructors for different purposes, so part of the challenge of briefing is to identify those issues in the case which are of central importance to the topic under discussion in class.
Reasoning The reasoning, or rationale, is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did.
This should be outlined point by point in numbered sentences or paragraphs. Separate Opinions Both concurring and dissenting opinions should be subjected to the same depth of analysis to bring out the major points of agreement or disagreement with the majority opinion.Sep 02, · How to Write a Legal Brief.
In this Article: Understanding the Facts and Legal Issues Researching the Legal Issues Writing Your Brief Community Q&A A brief is a written argument that a lawyer (or party to a case) submits to a court to persuade that court to rule in favor of his client’s position%().
Sep 02, · How to Write a Legal Brief. A brief is a written argument that a lawyer (or party to a case) submits to a court to persuade that court to rule in favor of his client's position.
A brief must identify the legal issues, present the facts and 87%(). section of your brief to begin arguing your case. A persuasive brief be- late Brief Writing and Other Transgressions,1 "[t]he standard of review is the keystone of appellate decision making." ] How to Write, Edit, and Review Persuasive Briefs The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again.
In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation. Writing a case brief can be rather easy once you’ve got the format down. While this guide focuses more on the structure of a written brief, you should keep most of the elements when doing a book brief as well.
How to Write a Good Appellate Brief. A lawyer writing a brief in the United States Supreme Court need consult only one set of formal rules: the Rules of the Supreme Court of the United States, which became effective in its current form on January 1, It was an antitrust case.
Our opening brief (for the appellants) stated five.