Many law students will need to know how to brief a case. This PowerPoint should assist you in writing an effective brief.

1. HOW TO
BRIEF A
COURT CASE
CORRECTLY
AND
EFFECTIVELY
BY: JAVIER
PENARREDONDA

2. WHAT IS A
BRIEF
A brief is simply a short version of a case.
They’re important because they give you
everything you need from a case without all
the extra information.
It is necessary to know how to brief a case
for law school.

3. READING THE CASE
• When it comes to reading a case do not be discouraged. Many cases
(specifically ones of the Supreme Court) are difficult to understand.
1. Vocabulary is sometimes very sophisticated
2. They ramble and connect to prior cases that you may not know
3. The rationale, decision, or issue may not be specifically stated
with a title. You may have to recognize them without the judge
or justice specifically stating it.

4. HOW TO SOLVE THE BARRIER
• There is a barrier between the way you
speak/write and the way a judge does
• The only way to break that barrier is by READING
• I know it’s a surprise but you actually have
to read your cases!
• The only real way to understand what the
judge/justice is saying is by continuing to
read cases
• The more you read, the more you will
understand what they are saying

5. THE FACTS
The facts of a case is a
summary of what happened
in the case. Its what we have
already determined in the
lower courts and the first
step in a brief.
A lot of cases that you will
read are going to the
Supreme Court or an Appeals
Court.
In other words, the facts are
what happened in the first
court.

6. EXAMPLE OF THE
FACTS
• To the left, is an image of a
brief of the United States v.
Sharpe decision.
• Take note that the facts are
simply recalling what has
already been established in
the lower courts.

7. PROCEDUR
E
Some institutions or universities include this section of a
brief and some do not.
A procedure or proceeding is simply how the case got to
where it is at. If it is a Supreme Court case it is simply the
way it got there, from lower court, to appellate court, etc.)
Some cases go immediately to the Supreme Court

8. EXAMPLE OF
PROCEDURE
• Take note that the
procedure is simply the
track the case has gone
through up until the
Supreme Court (or the
court that the case is
referring to).

9. ISSUE
THE ISSUE IS WHAT QUESTION OF
LAW IS BEING BROUGHT UP IN THE
CASE.
THERE CAN BE SEVERAL QUESTIONS
OF LAW IN A SINGLE CASE.
SOMETIMES THE JUDGE/JUSTICE
REFERS TO THE DIFFERENT ISSUES
BY STATING ISSUE #1, #2, ETC.

10. EXAMPLES OF
ISSUES
• Take note that the
question of law is always
a QUESTION. It needs to
be a statement that can
be answered.

11. HOLDING
Usually, the holding is a sentence long, stating
whether they side with the defendant or plaintiff.
For cases of the Supreme Court, it will be whether
the case is constitutional or not.

12. EXAMPLE OF HOLDING
Yes, they can.
No, they can not.
We hold that the rights of the defendant were violated through the
XYZ Amendment/Clause of the Constitution or a precedent case.

13. RATIONALE
The rationale is what the judge’s/justice’s reason for ruling
the way they did in the case.
Do not get confused with the dissenting opinions of the case.
The rationale refers to the GENERAL RULING of the court.
Dissenting opinions do not matter here.
Dissenting opinions are the judges that didn’t agree with the
ruling of the case.
You may have to reread the case to make sure you do not
mix up the rationale and the dissenting opinions.

14. EXAMPLE OF
RATIONALE
• In this case, the police were
allowed to detain the
defendant because of the
Terry Doctrine according to
rationale.
• Also, because the agent did
so in a “diligent and
reasonable manner”.

15. PATIENCE
Learning how to brief a case
takes time and effort.
DO NOT BE DISCOURAGED
AFTER THE FIRST ONE.
It is very difficult to
understand the vocabulary of
the judges, but the more
cases you read the more you
will understand.
Remember to take it step by
step and you shouldn’t have
any problems.