HOMEWORK CASE BRIEF INSTRUCTIONS:
Use your OWN WORDS! Do Not Use QUOTES from the cases
CASE BRIEF CONTENT:
Name of the Case. The title of the case shows who is opposing whom in this particular court. Remember that the first name is the person or entity who initiated legal action in this particular court (though, depending on the appeals, is not always the person or entity who first began the legal action.)
Facts of the Case. Summary of the relevant facts and legal points raised in this case. Start with a concise one-sentence summary of the case. “This case is about…” Some questions you may want to answer include: What illegal conduct led to the suit? What type of legal relief is the plaintiff seeking? What evidence is there for or against? What relevant laws or legal concepts apply? Include any decisions made by lower courts, if available.
Legal Question before the Court. State the main legal question that the court is deciding. If applicable, be sure to include the key statute, law, etc. considered by the court.
Decision. State the ruling made by the court. This will be the “precedent” created by the court’s ruling (do not just state “reversed lower court”). The precedent is the new rule of law to be followed in future similar cases.
Reasoning of the Court. State the main reasons for the court’s decision. The reasons are important!
Dissenting/Concurring Opinion (if provided). State the main reasons for the judge’s dissent or concurring. Why do they disagree (dissent) or are different (concurring) from the Majority opinion?
