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How To Brief A Case

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9 views

How To Brief A Case

Uploaded by

Josam Marenye
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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How to Brief a Case: The Steps

Although the exact form of your briefs can vary from case to case, the following parts should

appear somewhere in your brief in a way that helps you understand the case and recall the

needed information.

1. Read through the opinion first so you will understand the overall story and identify

important facts before beginning to brief the case.

2. Heading.

 Case name (to identify the parties)

 Court name

 Date of decision

 Page number where the case appears in the text.

3. Statement of facts.

a) Identify the relationship/ status of the parties. Do not merely refer to the

parties as the plaintiff/ defendant or appellant/ appellee. Be sure to include

more descriptive generic terms to identify the relationship/ status at issue.

b) Identify legally relevant facts, i.e., those facts that tend to prove or disprove an

issue before the court. The relevant facts tell what happened before the parties

entered the judicial system.

c) Identify procedurally significant facts. You should set out (1) the cause of

action (the law the plaintiff claims was broken), (2) relief the plaintiff

requested, (3) defenses, if any, the defendant raised.

4. Procedural History.

This is the disposition of the case in the lower courts(s) that explains how the case got

to court whose opinion you are reading. Include the following:


 The decision(s) of the lower court(s). If the case was decided by a trial court

and reviewed by an intermediate appellate court before reaching the court

whose decision you are now reading, be sure to note what each court decided.

 The damages awarded, if relevant.

 Who appealed and why?

5. Issues.

 Substantive issue. It consists of two parts.(1) the point of law in dispute, and

(2) the key facts of the case relating to the point of law in dispute (legally

relevant facts) You must include the key facts from the case so that the issue is

specific to that case. Typically, the disputed issue involves how the court

applied some element of the pertinent rule to the facts of the specific case.

Resolving the issue will determine the court’s disposition of the case.

 Procedural issue. What is the appealing party claiming the lower court did

wrong?

6. Judgement.

This is the court’s final decision as to the rights of the parties, the court’s response to

a party’s request for relief. Generally, the appellate court will either affirm, reverse or

reverse with instructions. The judgement is usually found at the end of the opinion.

7. Holding.

This is a statement of law that is the court’s answer to the issue. If you have written

the issue statement(s) correctly, the holding is often the positive or negative statement

of the issue statement.

8. Rule of law or legal principle applied.

This is the rule of law that the court applies to determine the substantive rights of the

parties. The rule of law could derive from a statute, case rule, regulation, or may be a
synthesis of prior holdings in similar cases. The rule or legal principle may be

expressly stated in the opinion or may be implied.

9. Reasoning.

This is the court’s analysis of the issues and the heart of the case brief. Reasoning is

the way in which the court applied the rules of law to the particular facts in the case to

reach its decision. This includes syllogistic application of rules as well as policy

arguments the court used to justify its holding (why the decision was socially

desirable)

10. Concurring/ Dissenting opinions.

A judge who hears a case may not agree with the majority’s decision and will write a

separate dissenting opinion. Another judge may agree with the decision but with the

majority’s reasoning and will write a separate concurring opinion. Note the

concurring/ dissenting judge’s reasons for refusing to join in the majority opinion.

11. Additional comments/ personal impressions.

What are your reactions to and critique of the opinion? Any you like or dislike? How

does this case fall in line with the other cases you have read? Do not accept the

court’s opinion blindly. Assess the reasoning in each case. Is it sound? Is it

contradictory? What are the political, economic or social impacts of this decision?

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