Instructions for writing a case brief
With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier.
While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of material in your casebook. Whatever you choose to do, make sure that it works for you, regardless of what others recommend.
Case brief example irac
Where to Start a Case Brief? You are like a doctor — the future of other people depends on you. Collect together corresponding contentions put forward by the opposite party. Note that it is a legal question. The more practice one does, the better they become at it. Law KF Now, fortunately for the students and people reading these cases, the courts usually are very helpful as all cases start with the words identifying the issue. Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue s , the facts, the holding, and the relevant parts of the analysis.
Try to keep your briefs to one page in length. On a lighter note, case briefing is like a skill which is developed.
Long case briefs do not make much sense as it will be tiring to peruse over them. If the opinion of the majority is different from the opinion of the judge you should also include this information in your case brief.
In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the Facts and the Analysis, while the Issues and Holdings demanded the least. What Are Case Briefs?
Sample case briefs for paralegals
The citation tells how to locate the reporter of the case in the appropriate case reporter. An effective way to reduce this time is to annotate the margins of the casebook. To the extent that more elements will help with organization and use of the brief, include them. First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. It will help you to create blocks of your case brief and clearly understand the judgment. Consider using yellow for the text that you tend to highlight most frequently. Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams.
The case outcome appears in the final sentence. Any facts to be excluded from a brief need to be precisely determined. 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.
Instructions for writing a case brief
If a case is large, begin reading its summary, and any applicable resources will need to be reviewed. 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. Advantageously, a book brief usually has an always available reference which is the book itself. With adequate annotations, the important details needed for your brief will be much easier to retrieve. Pencil or pen — which is better to use when annotating? Each of them should be no longer than a sentence. A summary of actions taken by the lower courts, for example: defendant convicted; conviction upheld by appellate court; Supreme Court granted certiorari. Writing Case Briefs So all materials are now reviewed, notes made, and you have read the case in its entirety. Legal analysis and writing 2nd ed. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. An effective way to reduce this time is to annotate the margins of the casebook.
based on 51 review