Scribd
Upload
274 views4 pages

How To Write A Case Brief

This document provides guidance on how to write an effective case brief. It begins by explaining that a case brief is a summarized legal analysis of an argument. The document then provides tips for writing a case brief, including using an active voice and plain language. It recommends including headings like the title and citation, facts of the case, legal issue, rule of law, holding and reasoning, and any concurrences and dissents. Each section is explained in detail to clearly present the relevant information in the case. The document concludes by noting that case briefs should concisely summarize the key details and legal arguments in the case.

Uploaded by

yan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
274 views4 pages

How To Write A Case Brief

This document provides guidance on how to write an effective case brief. It begins by explaining that a case brief is a summarized legal analysis of an argument. The document then provides tips for writing a case brief, including using an active voice and plain language. It recommends including headings like the title and citation, facts of the case, legal issue, rule of law, holding and reasoning, and any concurrences and dissents. Each section is explained in detail to clearly present the relevant information in the case. The document concludes by noting that case briefs should concisely summarize the key details and legal arguments in the case.

Uploaded by

yan
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 4

How To Write a Case Brief: The Complete

Guide
By Indeed Editorial Team
Updated September 21, 2021 | Published February 26, 2020
The Indeed Editorial Team comprises a diverse and talented team of writers,
researchers and subject matter experts equipped with Indeed's data and
insights to deliver useful tips to help guide your career journey.

Legal professionals are required to produce many legal documents for


each of their cases. Each document must be written and formatted
specifically to the existing standards set forth by the court system in order
to effectively present their case arguments. This article will focus on case
briefs, specifically what they are, how to write a case brief and the purpose
they serve.

What is a case brief?

A case brief is a summarized analysis of a legal argument. This document


—sometimes referred to as a "legal brief" or a "case summary"—is written
for the purpose of stating a party's legal argument in a court case in a
distilled, comprehensible way. Most of the time, this document is for your
own reference.

In appellate courts, however, each side of a case presents their own brief
to the court as a way of briefly stating their specific argument using case
law precedents, statistics and policy arguments to help the judge make a
decision. The petitioner usually files their brief first, and the respondent has
a specified amount of time to file a reply brief. These documents are often
public record, accessible to anyone who wishes to search for it.

Tips for writing a case brief

Before writing a case brief, consider the following tips:

 Use an active voice.


 Use pronouns sparingly and unambiguously.
 Keep it succinct (brief, hence the name).
 Use the correct homophones.
 Be careful to avoid nominalization (using verbs as nouns).
 Use layman's terms whenever possible.
 Proofread.
 Proofread again.

How to write a case brief

While each case has its own unique details—and, therefore, will use varied
versions of this outline—a brief should include only the most important
points of your case and stay within 600 words (before concurrences and
dissents), using the following headings:

 Title and citation


 Facts of the case
 Legal issue
 Rule of law
 Holding and reasoning
 Concurrences and dissents

1. Choose the right case brief format

There are several similar formats you might choose for your legal case.
Most include the same general information but might use slightly different
terminology. For example, one legal case brief might include a “Procedural
history” discussing how the case may have been approached in previous
cases, courts or by different legal council, while another may omit this
section because there was no legal history.

In some case briefs, the facts of the case might be referred to as “Facts” or
“Facts of the case.” While each court might have slightly different formats
they use to describe the case, the most effective protocol is to use the
format that is most useful or appropriate to your specific case.

2. Start with the title, citation and author

A case brief should start with the title of the case, citation and author. The
title of the case names the two opposing sides of the argument. The name
of the person or party who initiated legal action (petitioner or plaintiff)
appears first, followed by the respondent (defendant). The citation provides
the contact details of the case reporter.

A case reporter is a publication that includes legal cases in a particular


jurisdiction and provides a way to look up the case details, if necessary.
The author is the party writing the document.

3. State the facts of the case

Next, state the facts that are legally relevant to the case. A fact is only
legally relevant it has had an impact on the outcome of the case and should
be listed as:

 Cause of action: This should be a single sentence identifying why


this case was filed, whether it's for breach of contract, an eviction,
foreclosure or other conflicts between people or entities.
 Statement of relevant law: This states what law was broken (if
applicable).
 Identification of the opposing parties: Include the names of the
plaintiff(s) and defendant(s) in the case and the relationship between
them (buyer/seller, employer/employee, tenant/landlord).
 Complaint: Summarize the relevant points of the complaint and why
the lawsuit was filed.
 Court holdings: This is a summary of the procedural history—or
actions taken—in lower courts regarding this case, if applicable. That
could be a conviction, granting of a writ (when a higher court agrees
to hear a case and formally acknowledges this to the lower court) or
other action.
4. Declare the legal issue

The legal issue is your argument. It should include the facts and questions
posed to the court. The legal issue in question should not include details
specific to the current case. Instead, the legal issue should be stated as a
legal question that can be answered with a 'yes' or 'no' without ambiguity. If
the case involves constitutional rights, you'll need to outline all relevant
points of interest related to the U.S. Constitution.

5. Outline the rule of law

The rule of law should state the legal principle(s) upon which the court's
decision was based. While a legal opinion may apply more than one legal
principle, your objective in this section is to identify the rule of law pertinent
to the case and present it in plain terms in a single sentence.

The rule of law should answer the question proposed in the legal issue
section of the case, typically as a restatement of the question in answer
form. This section can also include a statement of policy or the reasons
behind the laws mentioned here.

6. Explain the holding and reasoning

In this section, the reasons behind a court decision are explained in legal
terms. You should begin by answering 'yes' or 'no' to the question asked in
the legal issue section.

The specific format in which this section should be structured is called the
CREAC (conclusion, rule, explanation, application and conclusion) method.
This is sometimes referred to as the “IRAC” (issue, rule, application,
conclusion) method, but using CREAC tends to be more explicit and more
accurately interpreted. This is the section to make sure that all relevant
legal rules and rationales are clearly explained and applied to the pertinent
facts of the case.

The following information should be included in the holding and reasoning


section of the brief (if available):

 An answer to the legal question asked in the legal issue section as


either "yes" or "no"
 The legal rules and rationales upon which the court's decision is
based
 How exactly those rules apply to the facts of the case
 The court's conclusion (if applicable)
 The procedural action (for example, conviction, overturned conviction,
remand)

6. Concurrences and dissents

If a judge hearing a case doesn't wholly agree with the majority decision,
they'll write a dissenting opinion to be included in the case file. If a second
judge agrees with the majority decision but not with the reasoning behind it,
that judge will write a concurring opinion.

Concurrences and dissents in the casebook should be summarized and


addressed in the brief. They tend to be fairly short, so your summary
should be even shorter, and include the reasons the judges disagreed with
the majority opinion. It's possible for a judge to both concur and dissent in
part, and when this is the case, it should be noted in your brief as
'concurrence/dissent'.

You should also briefly explain your reaction to the prevailing opinion. If you
agree with some points but not others, be sure to note them here. Be sure
to use an objective voice and mindset to analyze the court's decision and
identify ways it will impact society, whether politically, socially or
economically.

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy