How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves.
Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest.
The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. Who will read your brief?
Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed.
You are the person that the brief will serve!
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|yunusemremert.com - The most comprehensive Web site for law school students and faculty||Title and Citation The title of the case shows who is opposing whom.|
|What is a brief?||First, look at the preliminary information found above the case and ask:|
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Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements. What are the elements of a brief?
Different people will tell you to include different things in your brief. Most likely, upon entering law school, this will happen with one or more of your instructors.
While opinions may vary, four elements that are essential to any useful brief are the following: Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above. Depending on the case, the inclusion of additional elements may be useful.
For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use.
To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements.
At a minimum, however, make sure you include the four elements listed above. Elements that you may want to consider including in addition to the four basic elements are: In the personal experience of one of the authors, this element was used to label cases as specific kinds e.
This element allowed him to release his thoughts without losing them so that he could move on to other cases. In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements: One subject in which Procedure History is virtually always relevant is Civil Procedure.
When describing the Judgment of the case, distinguish it from the Holding.
Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams.
A brief is also like a puzzle piece. The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form. A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle.
The simple answer is: But what parts of a case are relevant? When you read your first few cases, you may think that everything that the judge said was relevant to his ultimate conclusion. Even if this were true, what is relevant for the judge to make his decision is not always relevant for you to include in your brief.
Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case. What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story.Succinct briefs are key.
To be most effective, case briefs must be brief.
Remember: With reading so many cases in each course, your case briefs will help you remember the details of each case for class discussions and exam preparation.
Briefing cases is an important professional skill Briefing cases is not just for law school. Key Components of a Case Brief. Now that we’ve explored how to approach reading cases in law school, let’s focus on what should be included in your case brief: Put this law into your own words rather than writing it out word for word—you will understand and remember it better in the future.
After identifying the relevant law from the. A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was decided, and analyze the reasoning behind decisions made by the courts.
Feb 13, · The Importance of Briefing Legal Cases. Views (27 votes, average: out of 5) The process of writing case briefs, which are nothing more than synopses of court decisions, does four vital things for you: meaning you will have to expand the rule of law each case stands for until it is broad enough to encompass all /5(27).
Learn how to write a case brief for law school with a simple explanation from LexisNexis. This is a great resource to help rising first year law students or prelaw students prepare for classes.
() [complete name of case, citation, date] decision by Supreme Court of United States [ name of court issuing the opinion] FACTS: J. M. .