How to prepare a case brief
Rule It is a set of law that judges use to decide a particular case; it may include more than one rule depending on how complicated is the issue or how many problems it involves.
Sample case brief template
Be sure to distinguish the issues from the arguments made by the parties. To the extent that more elements will help with organization and use of the brief, include them. Rule It is a set of law that judges use to decide a particular case; it may include more than one rule depending on how complicated is the issue or how many problems it involves. A statement of the relevant law, with quotation marks or underlining to draw attention to the key words or phrases that are in dispute. The court will state what each party contends. While opinions may vary, four elements that are essential to any useful brief are the following: a Facts name of the case and its parties, what happened factually and procedurally, and the judgment b Issues what is in dispute c Holding the applied rule of law d Rationale reasons for the holding If you include nothing but these four elements, you should have everything you need in order to recall effectively the information from the case during class or several months later when studying for exams. Different people will tell you to include different things in your brief. In this section, you should explain the choice of judges. A brief is also like a puzzle piece.
E ] Garner, B. Make a note of how each justice voted and how they lined up. The winning brief: tips for persuasive briefing in trial and appellate courts 2nd ed. Writing and analysis in the law Rev.
The court may discuss intermediate conclusions or issues, but stay focused on the main issue and conclusion which binds future courts. Experiment if you must, but try to choose a color scheme early on in the semester and stick with it.
Our recommendation is a mechanical pencil.
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