When you read a case for the first time, read for the story and for a basic understanding of the dispute, the issues, the rationale, and the decision. Legal research, analysis, and writing 5th ed. With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier.
The fact section of a good student brief will include the following elements: With a pencil, however, the ability to erase and rewrite removes this problem. The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form.
Most likely, upon entering law school, this will happen with one or more of your instructors. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text.
When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts. The basic sections of a case for which you should consider giving a different color are: Annotating Cases Many of you probably already read with a pencil or pen, but if you do not, now is the time to get in the habit.
The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. 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.
You should also include the facts that are dispositive to the decision in the case. Briefs help you learn to recognize the important details and legal reasoning from decisions, and serve as a helpful study tool for your exams, as well as simply offering good writing practice.
Law and Reserve Room KF Most likely, upon entering law school, this will happen with one or more of your instructors. Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. R39 ] Shapo, H.
First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. What facts are relevant to include in a brief?
Legal analysis and writing 2nd ed. S5 ] Slocum, R. Who will read your brief? At a minimum, however, make sure you include the four elements listed above. There is usually one main issue on which the court rests its decision. Ready to get briefing? In the personal experience of one of the authors, this element was used to label cases as specific kinds e.
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. A statement of the relevant law, with quotation marks or underlining to draw attention to the key words or phrases that are in dispute.
Do not get discouraged. By their very nature briefs cannot cover everything in a case. Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier.
The name of the person who initiated legal action in that particular court will always appear first. H36 ; For 3rd ed. C53 ] Edwards, L. Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion.
Then ask, How does this case relate to other cases in the same general area of law? In the personal experience of one of the authors, this element was used to label cases as specific kinds e.
Try to keep your briefs to one page in length. For each different section of the case, choose a color, and use that color only when highlighting the section of the case designated for that color.
When you read your first few cases, you may think that everything that the judge said was relevant to his ultimate conclusion. Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. C53 ] Edwards, L.
Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue sthe facts, the holding, and the relevant parts of the analysis.Sep 21, · How to write a case brief for you 1L year of Law School.
Facts of the Case. A good student brief will include a summary of the pertinent facts and legal points raised in the case. It will show the nature of the litigation, who sued whom, based on what occurrences, and what happened in the lower court/s.
Lloyd Sealy Library John Jay College of Criminal Justice 10th Avenue, New York, New York. How to Brief Cases To fully understand the law with respect to business, you need to be able to read and understand court decisions. To make this task easier, you can use a method of case analysis that is called briefing.
We break down everything you need to know to write a case brief like a pro, including the structure and details. Do you have to write a case brief? We break down everything you need to know to write a case brief like a pro, including the structure and details.
Do You Know How to Write a Strong Position Paper? 5 Steps to Follow. Why Do. Sep 02, · How to Write a Legal Brief.
A brief is a written argument that a lawyer (or party to a case) submits to a court to persuade that court to rule in favor of his client's position. Place a star next to those facts that are especially good or especially bad for your case.
For each fact on your list, take note of the source in which you found it 88%(). The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again.
In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.Download