Case Brief Overview and Requirements
Write a clear, succinct case brief (1-2 pages). Your case brief should demonstrate your ability to (1) identify relevant facts of the case (parties involved, procedural history, etc.), (2) summarize the main issues (what is in dispute), (3) explain the holding (the applied rule of law), and (4) interpret the rationale for the decision (the reasons the court presented for the holding).
In CRJU110, we will be using a four-section structure for the brief. These sections will be: (1) Facts of the Case, (2) Issues and Arguments, (3) Holding, and (4) Reasons and Judgments.
Writing a Case Brief Basic Principles
A student case brief is different from an appellate brief, which is a written argument submitted to a court. For student case briefs, the goal is to write a concise summary of a decision that includes the following four items:
(1) the parties involved
(2) notes on the main issues and arguments
(3) the final judgement or decision reached in the case, and
(4) an analysis of the principles or reasons that the decision was made.
A case brief should be brief. Focus on relevance, and usefulness. A good case brief should be useful as a tool to summarize a decision without having to go back to the original decision.
Begin case briefs with a title and citation to the case. the plaintiff will always appear first you can use google scholar, westlaw, or lexis-nexus to identify the appropriate court report
(1) Facts of the Case & Parties Involved
Although there is no formal order of sections, a typical case brief will begin with a concise summary of the facts of the case and the parties involved. This will include the primary legal foundations (history) for the case, and a brief summary of who, what, when, where, and why. If applicable, you should also include actions taken by lower courts.
Some basic terminology for identifying the parties involved:
Plaintiffs (the party initiating the suit in a civil court)
Defendants (the party defending themselves)
Appellants or petitioners are also sometimes used in higher courts (i.e. a defendant might become an appellant or petitioner during the appeals process) always identify the plaintiff and defendant in the case, do not simply refer to them as plaintiff or defendant
(2) Notes on the main issues and arguments
In this section you should provide a brief analysis of the questions raised by the case and the laws related to the case. These questions, issues, and laws should be directly referenced in the decision. This does not require you to become a lawyer to write about. A courts decision will reference the provisions of the law, or the different legal issues. Hints: focus on relevance.
(3) The final judgment or decision reached
Requires very little explanation (either here by way of explanation, or in your case brief). It is as simple as summarizing the courts decision. If there are multiple justices, be sure to include both the majority and dissenting opinion, as well as noting how each judge decided. Be sure to distinguish between the judgment and the holding. The judgement is the factual determination of the court. The holding is the applied rule of law that was the foundation for the judgement. as in the court held that . or the court ruled
(4) a brief analysis of the principles and reasons that the decision was made.
Often students misread judicial decisions because they do not have a strong background in the different types of decisions or reasons for a decision. The decision could turn on legal, substantive, or procedural issues. In some instances there might be a combination of factors. You should address the reasons and arguments given by the judge for the decision. Your job in the brief is not to make your own argument but to analyze the argument of decision.
