How to Write a Case Briefing

Turning a 100-page case into a one- or two-page summary is challenging, even for the most accomplished lawyer. Case briefing is the process of creating this summary, aptly named the "case brief." Law students brief cases on a regular basis and are often graded on the quality of these briefs. Creating a quality brief involves knowing what information to include, condensing the information and following a specific format to compile the information.

Instructions

    • 1

      Ask your professor what format to follow for your case brief. Professors each have their own preference for format.

    • 2

      Identify the parties to the case and the case citation. The parties are the individuals involved in the legal action. The parties in a civil suit are called the plaintiff and the defendant. For criminal cases, the parties are the government (state or federal) and the defendant.

    • 3

      Describe the procedural history for the case or how it came to be in that particular court, focusing on the legal issues.

    • 4

      Summarize the facts of the case. You can usually find a good summary of facts at the beginning of a published case or in a dissenting or concurring opinion.

    • 5

      Identify the legal issues in the case. Cases usually clearly identify the legal issues before the court. Look for key phrases such as, "The issue/case/question before us today is whether ... "

    • 6

      State the rule in the case. The rule is the court's answer to the legal questions raised by the case.

    • 7

      Explain how the court decided the rule in the case. Include the arguments considered by the court and any precedents for the decision.

    • 8

      Summarize the dissenting and concurring opinions, if any.

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