Outlining a Legal Case

Outlining a legal case helps law students or undergrads taking a business law or other legal course to understand and recall the case’s major details and the significance of the court’s ruling. By creating a concise case outline, or case brief, you’ll have a handy summary to refer to during classroom discussions. Writing case briefs throughout the semester will also save you time and effort when you outline the entire course before the final exam. Although it’s best to customize your outline’s format and contents so that it complements your course and casebook, all outlines should cover the basic elements of legal cases.

Instructions

    • 1

      Type the name of the case in a word-processing document. Add the name of the court and the year of the decision in parentheses. For example, type “Miranda v. Arizona (U.S. Supreme Court 1966).” Underline and boldface this text. Hit “Enter” twice to insert two spaces before the case outline’s first entry.

    • 2

      Type “Legal Issue:” and boldface the text. Write a concise summary of the precise legal issue decided by the court. In many cases, the court will state the legal issue at the beginning of the decision. Copy the court’s statement or compose the legal issue in your own words. For example, in Miranda this entry might read: “Whether the privilege against self-incrimination is fully applicable during police custodial interrogation.” Hit “Enter” twice.

    • 3

      Type “Facts of the Case:” and boldface the text. Write a concise summary of the case’s facts in your own words. For example, for Miranda this entry might include: “Police question M about a rape. M confesses after 2-hour interrogation but later claims detectives pressured him and offered to drop rape charge if he confessed to a robbery. Detectives did not inform M of his right to remain silent -- not legally required.” Hit “Enter” twice.

    • 4

      Type “Holding:” and boldface the text. Write a concise summary of the court’s holding in the case in your own words. For example, in Miranda, this entry might include: “Ct ruled that use of M’s confession as evidence violated his 5th Am. right to remain silent. Sent case back to state court for retrial.” Hit “Enter” twice.

    • 5

      Type “Reasoning:” and boldface the text. Compose a concise summary of the majority opinion’s reasoning in the case in your own words. For example, in Miranda this entry might include: "The voluntariness rule for admitting confessions as evidence not working. Ct wanted to clarify government’s role in obtaining confessions and establish consistent understanding of suspect rights. Ct wanted to end police use of violence or physical intimidation to get confessions.“ Hit “Enter” twice.

    • 6

      Type “Other Opinions:” and boldface the text. Compose a concise summary of opinions concurring with or dissenting from the majority opinion in your own words. For example, in Miranda this entry might include: “Clark concurred in part, dissented in part. Harlan, Stewart, White dissented, arguing that established voluntariness test for confessions satisfies 5th Am. Called majority’s reasoning ‘strained reading’ of 5th Am. precedents and warned decision overprotects criminals and would lead to fewer confessions and convictions.” Hit “Enter” twice.

    • 7

      Type “Analysis:” and boldface the text. Add a concise summary of the significance of the case. Note any issues the case left unresolved and any later cases that refined, expanded or narrowed the case’s decision. For example, in Miranda this entry might include: “Decision expanded the 5th Am. right to remain silent to include the interrogation stage, ending use of voluntariness test. Required police to notify suspects of (1) their right to remain silent and (2) that any statement made by suspect may be used in court and of (3) their right to have legal counsel before questioning and (4) a court will appoint lawyer prior to questioning if suspect cannot afford one. Later decisions refined Miranda rules and narrowed its application.”

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