Writing a case brief sample
Without annotations, you will likely have difficulty locating the information you seek even in the short cases.
Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. To the extent that more elements will help with organization and use of the brief, include them.
Whatever you choose to do, make sure that it works for you, regardless of what others recommend. The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.
A well-written opinion starts out by telling you the legal issue up-front. With a pencil, however, the ability to erase and rewrite removes this problem.
A brief should be brief!
Writing a case brief sample
Knowledge of how judges of a particular court normally line up on particular issues is essential to anticipating how they will vote in future cases involving similar issues. R39 ] Shapo, H. For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. 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. Facts of Case A well-written case gives the relevant facts that brought the parties to court. An effective way to reduce this time is to annotate the margins of the casebook. When a case sparks an idea — write that idea in the margin as well — you never know when a seemingly irrelevant idea might turn into something more. You should also include the facts that are dispositive to the decision in the case. C53 ] Edwards, L. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information. You can direct your reading to the most important sections and will have an easier time identifying what is and is not important. Similar to annotating, the best parts of the case to highlight are those that represent the needed information for your brief such as the facts, the issue, the holding and the rationale. Law and Reserve Room KF Most likely, upon entering law school, this will happen with one or more of your instructors. Our recommendation is a mechanical pencil.
If annotating and highlighting are so effective, why brief? At a minimum, however, make sure you include the four elements listed above.
Case brief example irac
Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most. Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. By their very nature briefs cannot cover everything in a case. Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. You should include the facts that are necessary to remind you of the story. Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above. A summary of actions taken by the lower courts, for example: defendant convicted; conviction upheld by appellate court; Supreme Court granted certiorari. Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine. The citation tells how to locate the reporter of the case in the appropriate case reporter.
This element allowed him to release his thoughts without losing them so that he could move on to other cases. It makes cases, especially the more complicated ones, easy to digest, review and use to extract information. E ] Garner, B.
Knowledge of how judges of a particular court normally line up on particular issues is essential to anticipating how they will vote in future cases involving similar issues. What issues and conclusions are relevant to include in a brief?
based on 114 review