Summary judgments a review
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The document provides tips for writing summary judgment motions, including: - Structure the motion with an introduction stating the conclusion, facts, and legal standard sections. - Organize the argument section around the elements of the cause of action and use IRAC (Issue, Rule, Analysis, Conclusion) structure. - Thoroughly analyze the facts in light most favorable to the client and cite to key cases and rules. - Conclude by restating why relief should be granted and what relief is requested.
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This document provides guidance on drafting pretrial motions such as motions for summary judgment. It discusses the structure and components of the motion including the caption, title, statement of facts, argument and authorities, and conclusion. For the statement of facts, it emphasizes telling what happened in an objective and straightforward manner while avoiding inferences. It also discusses organizing the facts to tell a clear and persuasive story that emphasizes the legal theory and holds the reader's attention. For the argument section, it recommends using CREAC structure and focusing on the strongest arguments for each claim. It provides tips on crafting persuasive point headings and applying the law to the facts in a deductive manner.
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Brief Texas v. Johnson located on page 166 of your text. Follow.docx
Brief
Texas v. Johnson
located on page 166 of your text. Follow the briefing format explained on pages 13-16: citation, facts, rule, issue, holding, reasoning, and criticism.
Recall that the facts should include any fact that you think affected the court's decision as well as the main procedural facts. The rule should be the rule as it existed prior to this decision.
The issue statement should contain two main components: the rule (label plus definition) and specific facts. After reading the issue, the reader should know exactly why each side thought it had a chance of convincing the court that it should win.
The holding should be very specific so that your reader will know the limits that the court placed on its decision.
The reasoning section should be as complete as possible so that your reader can fully understand why the court decided as it did.
Finally, the criticism section should include a short accounting of what the dissent had to say. Your criticism section should also point out any logical failings or limitations that you found in the majority opinion's thinking. Make sure anyone reading your criticism section can tell when you are giving your own criticism versus when you are simply reporting on what the dissent had to say.
The project is due as follows:
Part A -- Citation, Facts, and Rule - Week 1
You only have do the citation, facts, and rule!!!!!!!
The following pages are the e-text steps you'll hav e to follow to create the case brief.
page 13
(3) Briefing court opinions
The word
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has several meanings in the legal field. When we refer to briefing a case or to
case briefs
, we are referring to a written summary of a court opinion. This is to be contrasted with an appellate brief, which is a formal written argument to an appellate court, in which a lawyer argues why that court should affirm or reverse a lower court's decision.
(a) Reasons for briefing cases
Briefing court opinions serves two purposes. First, and most important, it makes you read the case thoroughly. You have to go back and dig out the essentials, organize them, and state them in your own words. This is necessary for an adequate understanding of the court opinion. Second, it is a form of note taking that provides a condensed record of the most important information about the case you briefed. You can use these case briefs to refresh your memory when preparing for class or studying for exams.
(b) Format of a case brief
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The case briefing method described here breaks the case down into the following elements: (i) case citation, (ii) facts — both procedural and substantive, (iii) r.
Uksc&ca20142
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Picture 2 (books): Law reports and law books contain published judgments from past cases that set precedents. Lawyers and judges research these sources to find binding and persuasive precedents to apply to current cases.
Picture 3 (gavel): The gavel is a symbol of a judge's authority in a courtroom. When a higher court overrules a lower court's decision, it is exercising its hierarchical authority established by
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1 H ow to B r ief a C ase P r epa r ed for t.docx
1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was d ...
1 H ow to B r ief a C ase P r epa r ed for t.docx
1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was d.
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The document provides instructions for drafting a memorandum, including formatting guidelines and directions for the question presented, brief answer, and statement of facts sections. Key points include:
- The question presented should identify the disputed legal issue in 1-2 clear sentences and include the most important facts.
- The brief answer should be a concise 1-3 word response to the question presented, indicating the predicted outcome.
- The statement of facts should include objective, relevant facts without arguments or conclusions.
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The document provides guidance on drafting the discussion section of a legal memorandum using CREAC or CREAC-style formatting. It discusses how to structure the rule explanation, application, and counter-argument paragraphs. The key points are:
- Explain the applicable legal rule in detail, citing supporting cases
- Apply the rule to the client's facts by comparing relevant similarities and differences to precedent cases
- Address reasonable counter-arguments the other side could make
Drafting the trial brief
This document provides guidance on drafting pretrial motions such as motions for summary judgment. It discusses the structure and components of the motion including the caption, title, statement of facts, argument and authorities, and conclusion. For the statement of facts, it emphasizes telling what happened in an objective and straightforward manner while avoiding inferences. It also discusses organizing the facts to tell a clear and persuasive story that emphasizes the legal theory and holds the reader's attention. For the argument section, it recommends using CREAC structure and focusing on the strongest arguments for each claim. It provides tips on crafting persuasive point headings and applying the law to the facts in a deductive manner.
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The document provides an introduction to legal concepts including stare decisis, precedents, primary and secondary sources of law, and the difference between holdings and dicta in judicial opinions. It explains that stare decisis, or precedent, refers to following past decisions and that precedents can be either mandatory/binding or persuasive/non-binding depending on factors like the court of origin. It also outlines the hierarchical relationships between different sources of law and how to analyze statutes.
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Introduction to persuasion and theory of the case
This document provides guidance on developing an effective legal theory of the case. It discusses evaluating the relevant facts and law, confronting weaknesses, and crafting a persuasive narrative that explains why the client should prevail. The legal theory should have a factual and legal framework and emphasize facts favoring the client. An effective theory is tailored to the audience and tells a story using ethos, pathos and logos to convince the reader.
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The document provides 10 suggestions for improving legal writing. It recommends getting to the point quickly in the first few pages; framing the issue in under 75 words; stating facts succinctly; avoiding overuse of dates; using informative headings; writing in short paragraphs; ensuring proper formatting; carefully proofreading all documents; keeping writing concise by imposing page limits; and editing as carefully as composing. It also discusses avoiding surplus words, compound constructions, redundancy, fancy language, and properly using certain terms.
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The document summarizes key points from a presentation titled "The Most Fun You Can Have While Practicing Law: Oral Arguments". It discusses:
1) Oral arguments are becoming less common, though some see declining to request one as a sign of weakness.
2) The standards and processes for requesting oral arguments in Arkansas and federal courts. Oral arguments are more readily granted in federal courts.
3) Best practices for effective oral arguments including thoroughly preparing, answering questions directly, maintaining credibility, and clearly stating what outcome you want the court to reach.
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Brief Texas v. Johnson located on page 166 of your text. Follow.docx
Brief
Texas v. Johnson
located on page 166 of your text. Follow the briefing format explained on pages 13-16: citation, facts, rule, issue, holding, reasoning, and criticism.
Recall that the facts should include any fact that you think affected the court's decision as well as the main procedural facts. The rule should be the rule as it existed prior to this decision.
The issue statement should contain two main components: the rule (label plus definition) and specific facts. After reading the issue, the reader should know exactly why each side thought it had a chance of convincing the court that it should win.
The holding should be very specific so that your reader will know the limits that the court placed on its decision.
The reasoning section should be as complete as possible so that your reader can fully understand why the court decided as it did.
Finally, the criticism section should include a short accounting of what the dissent had to say. Your criticism section should also point out any logical failings or limitations that you found in the majority opinion's thinking. Make sure anyone reading your criticism section can tell when you are giving your own criticism versus when you are simply reporting on what the dissent had to say.
The project is due as follows:
Part A -- Citation, Facts, and Rule - Week 1
You only have do the citation, facts, and rule!!!!!!!
The following pages are the e-text steps you'll hav e to follow to create the case brief.
page 13
(3) Briefing court opinions
The word
brief
has several meanings in the legal field. When we refer to briefing a case or to
case briefs
, we are referring to a written summary of a court opinion. This is to be contrasted with an appellate brief, which is a formal written argument to an appellate court, in which a lawyer argues why that court should affirm or reverse a lower court's decision.
(a) Reasons for briefing cases
Briefing court opinions serves two purposes. First, and most important, it makes you read the case thoroughly. You have to go back and dig out the essentials, organize them, and state them in your own words. This is necessary for an adequate understanding of the court opinion. Second, it is a form of note taking that provides a condensed record of the most important information about the case you briefed. You can use these case briefs to refresh your memory when preparing for class or studying for exams.
(b) Format of a case brief
While most case briefs share many common features, there is no single format that is universally accepted within the legal community. Indeed, there are almost as many different briefing styles as there are attorneys writing briefs. What we present here is an approach that we think will help you organize your thoughts and understand the opinion.
The case briefing method described here breaks the case down into the following elements: (i) case citation, (ii) facts — both procedural and substantive, (iii) r.
Uksc&ca20142
Here are the key points about the Court of Appeal's ability to depart from its own precedent:
- The CA is generally bound by its own previous decisions, like the Supreme Court.
- However, under Young v Bristol Aeroplane, it can depart from precedent in limited circumstances, similar to the Practice Statement for the Supreme Court.
- The three exceptions where it can depart are: 1) if the previous decision was made per incuriam, 2) if there are conflicting CA decisions and it must pick one, and 3) if the CA's earlier decision is inconsistent with a later UKSC decision.
- Per incuriam means the previous decision was made in ignorance or forgetfulness of some statutory provision or authority binding on
Mechanics of Precedent EoU 2014
Here are potential links between the pictures and the topic of precedent in law:
Picture 1 (scales of justice): The scales of justice represent fairness and balance, which is what courts aim for when applying and following precedent - treating similar cases similarly. Precedent aims to promote consistency and predictability in the law.
Picture 2 (books): Law reports and law books contain published judgments from past cases that set precedents. Lawyers and judges research these sources to find binding and persuasive precedents to apply to current cases.
Picture 3 (gavel): The gavel is a symbol of a judge's authority in a courtroom. When a higher court overrules a lower court's decision, it is exercising its hierarchical authority established by
Mechanics of Precedent
The document discusses key legal concepts related to precedent, including overruling, reversing, distinguishing, and persuasive precedent.
It provides examples of cases that overrule or reverse previous decisions from higher courts. It also gives examples of how courts can distinguish between cases based on their material facts. Additionally, the document explains that while courts are generally bound by precedents set by higher courts, they can consider persuasive precedent from other jurisdictions. However, it notes there are constraints on a court's ability to avoid following binding precedent.
The document aims to consolidate understanding of precedent through discussion of key terms, examples of relevant cases, and application questions to test comprehension of when and how precedent can be established, overruled, or distinguished in
Mechanics of precedent 2012
The document discusses the hierarchy of courts in England and Wales and the importance of precedent. It explains that lower courts must follow the decisions of higher courts to promote consistency and certainty in the law. Precedent, where a judge must follow a similar previous ruling, is crucial as it allows people to understand what is and is not legal and keeps judges controlled. The document provides examples to illustrate how precedent works in practice between different courts.
1 H ow to B r ief a C ase P r epa r ed for t.docx
1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was d ...
1 H ow to B r ief a C ase P r epa r ed for t.docx
1
H ow to B r ief a C ase
P r epa r ed for the L egal Studies P rogr am
A me r ican P ublic U nive rsity System
D ecembe r 2013
I ntrodu ction : A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare D ecisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. C ase N ame and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the D elahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was d.
SPU #4
The document provides an overview of strategies for preparing an effective appellant's brief. It discusses selecting 2-3 clear and specific issues; telling a persuasive story with just the essential facts; addressing the applicable standards of review; preparing tables and outlines; making strong legal arguments supported by authorities; and requesting specific relief from the court. The goal is to write briefly and concisely for the justices, while fully and credibly addressing weaknesses in a way that persuades the court the client should prevail.
Why Brief a Case Cases are written by lawyers for lawyers.docx
Why Brief a Case?
Cases are written by lawyers for lawyers. Consequently, there's a structure and
method unlike any other type of writing that you've read. Once you know the
structure and method, you'll be able to breeze through cases quickly. When the
writing is brilliant - for example, cases written by Holmes, Cardozo and Learned
Hand - the cases can be as enjoyable as a good piece of fiction. There's drama,
conflict, resolution, humor and pathos. Other times, the writing is very non-linear
and leaves out important elements, such as the facts of a case.
Briefing is the first step in learning how to outline. The brief should distill a case
down to its elements, which allows you to immediately understand the principal
legal issues at a glance. When you are under the pressure of the harsh glare of an
aggressive professor, you want to be able to take one look at the brief and know the
answer.
Case briefs are an important tool, but it's also important to keep briefs in perspective.
Many students labor intensively over case briefs by creating forms and making sure
that the wording is perfect. A brief is just a tool that helps you accomplish three
things - build comprehension, answer questions in class and complete an outline.
You'll never be graded on a brief. If you're spending time on stylistic niceties that
don't accomplish one of the three goals then you're not spending time wisely.
Three Reasons to Brief a Case
1. Rewriting the material leads to better comprehension.
2. Creates a cheat sheet for questions in class.
3. Serves as a starting point for outlining.
Briefing is a phase that you eventually grow out of. After the first semester, students
tend to brief a lot less. Their briefs may just end up being therule of law or they will
write notes in the margin of the casebook, which highlight the different elements.
While some complex cases in your second and third years demand briefing, you will
probably pick up the skills you need in your first year to analyze cases on the fly.
http://lawnerds.com/guide/outlining.html#WhyOutline?
http://lawnerds.com/guide/class.html#TheFirstDay
http://lawnerds.com/guide/outlining.html#WhyOutline?
http://lawnerds.com/guide/irac.html#Rule
How to Brief a Case
Briefs should be a one-page summary of the case. Structure the summary according
to the elements listed below. The structure adheres to the types of questions the
professor asks in class and to the information you'll need for outlining. Not every
case can be summed up in one page, but it's a good discipline to attempt to condense
the material.
THE ELEMENTS OF BRIEFING
Procedural History
Legal Issue
Facts of Case
Statement of Rule
Policy
Dicta
Reasoning
Holding
Concurrence
Dissents
You might consider creating a standard form using a word processor, then fill in the
blanks as you read the case. You may want to modify the form as you go along
through the semester. Professor.
Judicial OpinionsOverview After the simulation, justices writ.docx
Judicial Opinions
Overview: After the simulation, justices write judicial opinions in reaction to the oral argument, merits briefs, conference, and draft opinions as well as the facts of the case, Constitution, and case law. Justices circulate drafts so they know how their colleagues plan to rule and why, and so they can respond to one another in their final judicial opinion draft.
Instructions: You are a Supreme Court justice preparing an opinion for announcement. Read the case materials: case hypothetical, merits briefs, and judicial opinion drafts of your colleagues, and review your notes from oral argument and conference. Write a majority opinion resolving the major legal question in light of the facts of the case, Constitution, and case law, as well as all case materials: merits briefs, oral argument, and the views of your colleagues (in conference and draft opinions). Opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions).
Opinions should contain the following five elements, in the following order:
1. an introductory statement of the nature, procedural posture, and prior result of the case;
2. a statement of the issues to be decided;
3. a statement of the material facts;
4. a discussion of the governing legal principles and resolution of the issues; and
5. the disposition and necessary instructions.
Each of these is developed further below.
Assessment: Complete opinions must support an argument, refute counterarguments, and respond to attorneys (oral argument and/or merits briefs), and fellow justices (conference and/or draft opinions). Strong opinions will be well organized, logically argued, and well supported through reference to and explanation of Supreme Court decisions and legal principles. Assessment rests on how well you make use of, identify, and explain relevant course material. It also rests on staying in character and not diverging from your justice’s political ideology and/or judicial philosophy.
Introduction
The purpose of the Introduction is to orient the reader to the case. It should state briefly what the case is about, the legal subject matter, and the result. It may also cover some or all of the following:
1. The parties: The parties should be identified, if not in the Introduction, then early in the opinion, preferably by name, and names should be used consistently throughout. (The use of legal descriptions, such as “appellant” and “appellee,” tends to be confusing, especially in multi-party cases.)
2. The procedural and jurisdictional status: relevant prior proceedings, and how the case got before the court should be outlined.
Statement of issues
The statement of issues is the cornerstone of the opinion; how the issues are formulated determines which facts are material and what legal principles govern. Judges should not be bound by the attorneys’.
SPU #6
This document summarizes a presentation on oral argument and the decision-making process in appellate cases. It discusses preparing for oral argument by reviewing briefs and cases, anticipating questions, and practicing. During argument, attorneys should answer questions, frame issues favorably, and avoid reading briefs or going outside the record. After argument, attorneys should report to clients and consider filing additional briefs. When a decision is issued, attorneys should notify clients and analyze options going forward. The next presentation will cover rehearing requests and higher court review.
1 How to B rief a Case Prepared for the L eg
1
How to B rief a Case
Prepared for the L egal Studies Program
Amer ican Public University System
December 2013
Introduction: A case brief is a concise summary of the significance of a case. It is a bit
like but with very special rules! It is a time-honored practice used throughout
the legal profession and law schools. As a teaching tool, the case brief forces the student to
identify and provide a written description of the most important aspects of a case. Legal
precedent, also known as Stare Decisis, is a doctrine which governs much of our legal process.
and the
rationale underlying it ---- that is, how the judges arrived at their decision ---- is essential to
the study of law. The case brief serves as a very useful vehicle by means of which to analyze
and understand judicial decisions.
A case brie
aspects of a case. A case brief is not an invitation to re-write the opinion or to paste together
ed on your
understanding of the case. Of cour words can be useful, if used
sparingly. A case brief should be concise; it should be no more than 1-2 pages. There are at least
several different methods or models for writing the case brief; these are based on personal
preferences. In the Legal Studies Program, however, the format described here will be used for
all of the case briefs which you are required to write in your courses. By using this uniform
format, you will gain familiarity with the case analysis and brief writing process.
opinion, rather than a mere summary. Therefore, the first step in the brief writing process is
always to thoroughly read the entire case. This includes reading any concurring and dissenting
opinions of members of the court. In this regard, be very sure that you are reading the entire
opinion! In some internet based sources, the Syllabus (headnotes/summary) of the opinion is
presented at one link, the majority opinion is presented at another link, etc. You need to read all
portions of the opinion as all of them are relevant to your analysis of the case. For example, if
there are strong dissenting opinions based on key legal points, this could predict what the court
might decide in the future on similar issues.
1. Case Name and C itation: As a header on the first page of your brief, you should state
citation to the case. (See Bluebook resources in the APUS library for more information about
Bluebook format.) It is essential that the reader of your case brief know who initiated the
litigation and who appealed. For example, in the sample case brief of the Delahanty case (see
accompanying materials), Thomas and Jean Delahanty are clearly identified as the plaintiffs
(parties who initiated the litigation) and as appellants (parties who sought appellate review of the
2
legal reporter in which the opinion is found, the volume and page on which the case appears, and
the year in which the case was decided.
2. Facts ...
1 How to B rief a Case Prepared for the L eg.docx
The document provides instructions for writing a case brief, which is a concise summary of a legal case. It explains that a case brief should include: 1) the case name and citation, 2) the facts, 3) the procedural history, 4) the issue(s) before the court, 5) the court's holding on each issue, 6) the court's reasoning, 7) the decision, and 8) any additional comments. The document provides an example case brief analyzing whether gun manufacturers can be held strictly liable for injuries from criminal use of their guns.
CRILL 2016: Spoken interaction in an academic legal context: The discourse of...
This is a presentation given at the Law, Language and Communication conference organized by the Centre for Research in Language and Law (Naples 2) and held in Caserta in May 2016.
Trial up to openings
This document provides tips and strategies for litigation. It discusses investigating facts and laws, understanding the audience such as the judge and jurisdiction demographics. It suggests choosing between a jury or bench trial. Key points in developing a case include crafting a theory of the case, themes, and ensuring a consistent narrative throughout the trial process. Pretrial matters like motions, jury selection and voir dire are also addressed.
Writing the memo
The document provides guidance on writing an effective office memorandum. It explains that memoranda are used to analyze facts of a client's case under relevant law in order to inform attorneys without persuading. It then outlines the typical parts of a memorandum, including the heading, issues presented, brief answer, facts, and discussion. The discussion section should use tests from cases as an outline, with paragraphs structured around the test and supported by facts and legal authorities. Contrary authorities should also be addressed. The goal is clear, logical analysis of the issues.
Final presentation
Drafting, Pleadings and Appearances Before NATIONAL COMPANY LAW TRIBUNAL AND APPELLATE TRIBUNAL
Session taken at Bareilly Chapter of NIRC of ICSI.
In case of any query, feel comfortable to contact.
Discussions will lead to enhancement of Knowledge.
MBA535 Case Brief Guidelines and Rubric How and Why to Brie.docx
MBA535: Case Brief Guidelines and Rubric
How and Why to Brief a Law Case
Purpose
The purpose of reading in the practice of law is different from the purpose of reading in many
other disciplines. In law, you read not just to familiarize yourself with someone else’s ideas but
to be able to use the information to answer a question. This requires understanding judicial
opinions in depth and being able to use the information in a number of cases to formulate an
answer to a new question. Therefore, passively reading cases is not sufficient; you must
deconstruct the opinion into its component parts and state those components in your own words
and in an easily accessible format. Then the information is at hand for you to apply to a new set
of facts.
Briefing a case requires you to put the material into your own words. To do this, you have to
understand it. Underlining text does not require you to understand it. Moreover, briefing a case
reduces the volume of material so you can find what you need. Underlining does not accomplish
this goal either.
Assignment
You will complete two Case Briefs as follows and submit each to the Dropbox no later than
Sunday 11:59 PM EST/EDT of the module in which it is due. (Each Dropbox basket is linked to
Turnitin.)
Details for each Case Brief are located within Modules 4 and 8.
Instructions
Every lawyer briefs cases differently. A case brief generally consists of a series of topic
headings with the specific information from the case under each heading. Most case briefs
contain similar information but the headings and their sequence may be different. Some
professors have a preferred briefing format. You are only required to follow the general format
as set forth below.
The following is adapted from A Practical Guide to Legal Writing and Legal Method (Dernbach,
et al., 2007).
1. Case name: Include the full citation, including the date of the opinion, for future
reference and citation. An example would be as follows: State v. Holloran, 140 NH 563
(1995). Refer to Bluebook to determine the correct name for the case.
2. Pincites: Include pinpoint cites (cites to a particular page in the case) throughout the
case brief so you can find material again quickly within a case.
3. Procedural History: What happened to the case before it arrived in this court? If it is an
appellate case, list the decisions made by the lower court(s) and note what decision is
being reviewed (e.g., jury verdict, summary judgment). You may need to look up
procedural phrases with which you are unfamiliar.
4. Facts: Include only the facts that were relevant to the court’s decision. You are unlikely
to know what these are until you have read the entire opinion. Many cases may include
procedural facts that are relevant to the decision in addition to the facts that happened
before litigation.
5. Issue: The particular question the court had to decide in this case. It usually includes
specific facts ...
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