How to Brief a Case, Lecture notes of Law

Download How to Brief a Case and more Lecture notes Law in PDF only on Docsity!     How to Brief a Case  When you brief a case, you separate the components of a judicial  opinion. By engaging in this exercise, you enhance your  understanding of the case itself, how the case relates to the law that  was established previously, and how the case may influence the law  that will come later.   Before you brief a case, read the entire case at least once to get an  idea of the general issues and significant facts. At this time, you can  think in terms of who, what, when, where, why, and how.   Preferences vary regarding the content and format of case briefs,  as you will see in the sample briefs included in your materials.  However, the following sections and content often appear in case  briefs, and I recommend that you use this guide when briefing cases.   Note that the items listed under each section of this detailed  outline are intended to guide you as you write your brief. You should  not break down each section of your brief into sub-sections  corresponding to the outline provided here, and you should not write  your brief as a series of answers to the questions in this handout.  Instead, your brief should sound more like a narrative. Quote directly  from the case only when absolutely necessary; using your own words  is best.        2    1. Heading  ● Case Name (who are the parties?)  ● Court (where was the case heard and decided?)  ● Date of Decision (when was the case decided?)  ● Author of Opinion (who wrote the decision?)    2. Facts  ● Who are the parties? How are the parties related to each other?  ● What happened between the parties that led to this case? What did one party do  that the other party did not like? What is the problem that one party wants the  court to address?  ● What right does one party believe was violated? What relief has one party  demanded? What defenses have been offered?    3. Procedural History  ● Has the case already been heard by a lower court? If yes, in whose favor did the  lower court decide, and who appealed the lower court’s decision?  ● In a few words, why did the lower court come to the conclusion that it reached?    4. Judgment  ● This is the court’s final decision on a case, often stated at the very end of the  judicial opinion.  ● If you are reading a judicial opinion from an appellate (reviewing) court, then the  judgment is stated as affirming, reversing, or remanding the case to the lower  court. Therefore, this section of your brief might only be one short sentence.    5. Holding  ● This is the court’s legal conclusion, stated broadly enough to make the case  applicable to legal analysis in the future, but also narrowly enough to make the  holding specific to the particular case.