What Is a Case Brief
What is a Case Brief?
A case brief is a condensed, concise outline-form summary of a court opinion. Hence, the term “brief.” It is generally used for more efficient self-study (it’s easier and more simple than re-reading a 100-page long case every time you want to refresh your memory about the case). It is also used to present the case to others (it’s easier and more simple than reading a 100-page long case verbatim). In other words, a case brief boils down a court opinion to the key elements and discusses the essence of the court’s opinion. These basic elements are the facts of the case, the particular legal issue that is at question in the case, the specific legal rule of law that is applicable to the case, the application of that rule of law to the facts of the case, and then the court’s holding/conclusion. With the exception of the specific rule of law (which should almost always be quoted), the case brief should be a summary and paraphrasing of the court’s opinion in your own words. This forces you to understand the court’s opinion much more deeply. In this course, I highly encourage you to study together regarding reading and understanding of the cases; however ***PREPARATION OF YOUR FINAL CASE BRIEF MUST BE YOUR OWN INDIVIDUAL WORK***.
Model Case Brief Template and Sample:
Case: Name of the case, (and year of the decision).
Facts: Who are the parties to the lawsuit, what is their dispute, and how did they get to the Supreme Court? In your own words, only include the few important facts necessary to understand the case; e.g. the time of day a defendant was arrested is usually not important, etc.
Issue: What is the basic legal question regarding what specific provision of law that is to be decided in the case?
Holding: What is the majority’s basic answer to the basic legal question in the case. Also include the vote count: majority/plurality—concurrence(s)—dissent(s)
***Majority Opinion Reasoning: What is the majority’s explanation why it
A case brief is a condensed, concise outline-form summary of a court opinion. Hence, the term “brief.” It is generally used for more efficient self-study (it’s easier and more simple than re-reading a 100-page long case every time you want to refresh your memory about the case). It is also used to present the case to others (it’s easier and more simple than reading a 100-page long case verbatim). In other words, a case brief boils down a court opinion to the key elements and discusses the essence of the court’s opinion. These basic elements are the facts of the case, the particular legal issue that is at question in the case, the specific legal rule of law that is applicable to the case, the application of that rule of law to the facts of the case, and then the court’s holding/conclusion. With the exception of the specific rule of law (which should almost always be quoted), the case brief should be a summary and paraphrasing of the court’s opinion in your own words. This forces you to understand the court’s opinion much more deeply. In this course, I highly encourage you to study together regarding reading and understanding of the cases; however ***PREPARATION OF YOUR FINAL CASE BRIEF MUST BE YOUR OWN INDIVIDUAL WORK***.
Model Case Brief Template and Sample:
Case: Name of the case, (and year of the decision).
Facts: Who are the parties to the lawsuit, what is their dispute, and how did they get to the Supreme Court? In your own words, only include the few important facts necessary to understand the case; e.g. the time of day a defendant was arrested is usually not important, etc.
Issue: What is the basic legal question regarding what specific provision of law that is to be decided in the case?
Holding: What is the majority’s basic answer to the basic legal question in the case. Also include the vote count: majority/plurality—concurrence(s)—dissent(s)
***Majority Opinion Reasoning: What is the majority’s explanation why it