Identification of the plaintiff and defendant.
Burkhart and Robert A. What is a brief? A brief is a written summary of the case.
How to prepare a brief To prepare one, you must distill the case's most important parts and restate them in your own words. The effort will provide a variety of important benefits.
Read the case carefully and thoroughly to describe the case accurately. Describing the case in your own words forces you to determine exactly what the courts said, which concepts and facts were essential to its decision, and the proper legal terminology and procedures. Succinct briefs are key.
To be most effective, case briefs must be brief. With reading so many cases in each course, your case briefs will Case briefs you remember the details of each case for class discussions and exam preparation. Briefing cases is an important professional skill Briefing cases is not just for law school.
As a lawyer, you will have to read and analyze cases with a careful eye to detail. You also will have to summarize cases when writing legal memoranda, briefs, and other documents and when making oral arguments to courts. Now, begin practicing and developing your briefing skills.
Remember, the skills you develop in law school will follow you to practice. Steps to briefing a case 1. Select a useful case brief format. There are many different ways to brief a case. You should use the format that is most useful for your class and exam preparations. Regardless of form, every brief should include the following information in steps Use the right caption when naming the brief.
A brief should begin with the case name, the court that decided it, the year it was decided, and the page on which it appears in the casebook. Identify the case facts. Next, state the facts of the case.
This section is necessary because legal principles are defined by the situations in which they arise. Include in your brief only those facts that are legally relevant. A fact is legally relevant if it had an impact on the case's outcome. For example, in a personal injury action arising from a car accident, the color of the parties' cars seldom would be relevant to the case's outcome.
Similarly, if the plaintiff and defendant presented different versions of the facts, you should describe those differences only if they are relevant to the court's consideration of the case.
Because you will not know which facts are legally relevant until you have read and deciphered the entire case, do not try to brief a case while reading it for the first time.
Outline the procedural history. With the statement of facts, you have taken the case to the point at which the plaintiff filed suit.Writing a case brief can be rather easy once you’ve got the format down.
While this guide focuses more on the structure of a written brief, you should keep most of the elements when doing a book brief as well. Why Casebriefs ™? ESTABLISHED BRAND Established in , Casebriefs ™ is the #1 brand in digital study supplements EXPERT CONTENT Professors or experts in their related fields write all content.
Join over , law students who have used Quimbee to achieve academic success in law school through expert-written outlines, a massive bank of case briefs, engaging video lessons, comprehensive practice exams with model answers, and practice questions.
Case Briefs for Law Students and Lawyers. Case briefs are vital to any law student’s education. They are a summary of the facts of the legal case. Learn how to write a case brief for law school with a simple explanation from LexisNexis.
This is a great resource to help rising first year law students or prelaw students prepare for classes. A case brief is a shortened, concise summary of a court opinion, usually in outline form. Hence the term “brief.” Typically this is used for more effective self-study.