Continue rereading the case until you have identified all the relevant information that you need to make your brief, including the issue sthe facts, the holding, and the relevant parts of the analysis.
A brief should be brief! The remainder of this section will discuss these different techniques and show how they complement and enhance the briefing process.
Check out WriteWell's case brief template here. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.
Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. One subject in which Procedure History is virtually always relevant is Civil Procedure.
Overly long or cumbersome briefs are not very helpful because you will not be able to skim them easily when you review your notes or when the professor drills you. A basic approach for paralegals 7th ed.
The purpose for writing a brief would be to come up with a summary of the whole case and pick out the most important points of it. But what parts of a case are relevant? There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers.
A mechanical pencil will also give you the freedom to make mistakes without consequences. Read through the case first It may be tempting to start constructing your brief as you read the case, but it is best to read it through completely before beginning the brief. On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory.
How might it have been better decided? The basic sections of a case for which you should consider giving a different color are: In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements: In fact, perhaps the most common mistake case briefers make in the holding and reasoning section is to omit explanation of the rule i.
To recap, the holding and reasoning section of your case brief should contain the following information if obtainable in the casebook: Sometimes, the best statement of the facts will be found in a dissenting or concurring opinion.
This should be outlined point by point in numbered sentences or paragraphs. Write them in a way that makes sense to you and helps you contribute to discussions. Pencil or pen — which is better to use when annotating? Although blue is a beautiful color, it tends to darken and hide the text.
With these tips, you may be able to write a good brief which would help you out even further in your studies.
Since the losers often appeal to a higher court, this can get confusing. This is helpful for understanding the big picture and being able to focus on the most relevant aspects to include in your summary. This will help you later when you try to reconcile conflicting cases.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.
A case brief is a shortened, concise summary of a court opinion, usually in outline form. Hence the term “brief.” Typically this is used for more effective self-study.
Case Brief Free Essay Template. Free Essay Examples, Essay Formats, Writing Tools and Writing Tips. Case Brief Free Essay Template. Free Essay Examples, Essay Formats, Writing Tools and Writing Tips. 40 Case Brief Examples & Templates / Business Templates / 40 Case Brief Examples & Templates A case brief is a shortened, concise summary of a.
The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again.
In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.Download