Similar questions are asked repeatedly. Unlike annotating, highlighting provides an effective way to color code, which makes referring to the case even easier. Experiment if you must, but try to choose a color scheme early on in the semester and stick with it.
Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage.
However, for case briefing purposes, your task is to determine the rule of law germane to the discussion of the case in the casebook and to formulate that rule into one, easy-to-digest sentence.
Remember too, that the same case may be used by instructors for different purposes, so part of the challenge of briefing is to identify those issues in the case which are of central importance to the topic under discussion in class.
This means that the issue section should not contain the factual details of the case. Other Considerations and Procedural History required lots of highlighting in particular cases although not in every case. There are "unwritten rules" and informal procedures. In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements: Therefore we recommend that you save blue for the elements that you rarely highlight.
When describing the Judgment of the case, distinguish it from the Holding. 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. Excerpt reproduced from Introduction to the Study of Law: What are the elements of a brief?
Procedures — and their close cousins, policies — can be a real pain in the proverbial. There are too many ways that people interpret the procedure.
This element allowed him to release his thoughts without losing them so that he could move on to other cases. Our recommendation is a mechanical pencil.
The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other.
This will make it easy for you to organize and reference them. Case briefs can also be leveraged later on when you go to write your outlines. 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 statement of the relevant law, with quotation marks or underlining to draw attention to the key words or phrases that are in dispute.
With a pencil, however, the ability to erase and rewrite removes this problem.
Different people will tell you to include different things in your brief. Constitutional cases frequently involve multiple issues, some of interest only to litigants and lawyers, others of broader and enduring significant to citizens and officials alike.
Legal analysis and writing 2nd ed. Look for unarticulated premises, logical fallacies, manipulation of the factual record, or distortions of precedent.
To recap, the holding and reasoning section should contain the following information if obtainable in the casebook: The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.
Writing and analysis in the law Rev. Whatever you choose to do, make sure that it works for you, regardless of what others recommend. How to write a case brief for law school: Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine.
The name of the person who initiated legal action in that particular court will always appear first. The simple answer is: Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed.An Example of a Brief Sample Court Case As an example of the format used in briefing cases, we present here a briefed version of the sample court case that was presented in Exhibit 1A–3 on page complexities of the law and the case by use of a simple formula.
Facts Issue Rule Writing Reference Library, Citation Guidelines, Workshops, English Language Writing a Case Brief Author: Kaplan University Writing Center, Sherry Olsen, edited by Amy Sexton Subject: Legal Writing. Briefs of this kind are therefore geared to presenting the issues involved in the case from the perspective of one side only.
Appellate briefs from both sides can be very valuable to anyone assessing the legal issues raised in a case. People v. Hall Sample Case Brief Style: People (Colorado) v. Nathan Hall Colorado Supreme Court Procedural History: At a preliminary hearing, the trial court dismissed case for lack of probable cause (defendant won) District court affirmed lack of probable cause (defendant won.
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How to Brief Cases There is a fairly standard procedure that you can follow when you “brief” any court case. You must first read the case opinion carefully.
When you feel you understand the case, you can prepare a brief of it.Download