Even with a thorough, well-constructed brief you may want to reference the original case in order to reread dicta that might not have seemed important at the time, to review the complete procedural history or set of facts, or to scour the rationale for a better understanding of the case; annotating makes these tasks easier.
With the statement of facts, you have taken the case to the point at which the plaintiff filed suit. Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief.
As you read a case, ask yourself how you would phrase certain sections or arguments. If annotating and highlighting are so effective, why brief? G37 ] Hames, J. Describe the final disposition of the case. For a trial court opinion, identify the type of legal action the plaintiff brought.
Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above.
You also will have to summarize cases when writing legal memoranda, briefs, and other documents and when making oral arguments to courts.
Does the result violate your sense of justice or fairness? As a lawyer, you will have to read and analyze cases with a careful eye to detail. A brief should be brief!
For an appellate court opinion, also describe how the trial court and, if applicable, the lower appellate court decided the case and why. This will make it easy for you to organize and reference them. Outline the procedural history. The name of the person who initiated legal action in that particular court will always appear first.
A one-sentence description of the nature of the case, to serve as an introduction. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case. Legal research, analysis, and writing 5th ed.
In addition, Highlighters are particularly useful in marking off entire sections by using brackets.
An effective way to reduce this time is to annotate the margins of the casebook. Since the losers often appeal to a higher court, this can get confusing. Annotations will also remind you of forgotten thoughts and random ideas by providing a medium for personal comments.
You are now ready to describe the opinion you are briefing. There is no single version of a brief to a court that will serve all situations. You may prefer to underline the relevant text with a pencil, but to use a highlighter to bracket off the different sections of a case.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.
Case Brief: Bullet Point Format Once law school students become comfortable with the standard case brief, the bullet proof format is used to more efficiently and effective notate and write a case brief.
by “briefing” a case, you will grasp the problem the court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the facts (the application or “analysis”); and the outcome (the conclusion).
You will then be ready to not only discuss the case, but to compare and contrast it to other cases involving a similar issue. How to Write a Case Brief Free Essay Template. Free Essay Examples, Essay Formats, Writing Tools and Writing Tips.
The following documents offer some suggestions for drafting a brief to a court - broadly defined as a memorandum of law intended to persuade a court of the legal correctness of a position you have asserted on behalf of a client in a litigated case.
Briefing cases is an important professional skill You also will have to summarize cases when writing legal memoranda, briefs, and other documents and when making oral arguments to courts.
Select a useful case brief format. There are many different ways to brief a case.
You should use the format that is most useful for your class and.Download