Technique: Creating a Case Brief

Step 1: Focus on the overall picture What has happened that has provoked someone to take this case to court? (remember to use the technical language) What happened at the trial court that has provoked someone to appeal? (one tries to identify an error that has led to a bad result-one must specify a particular error: Was the right sort of evidence admitted?, Did the evidence create a jury question? How should the jury be instructed?)  What did the higher court do with this case? Step 2: Extracting the relevant information include the facts that help you remember the case include facts that where determining factors in the case stay focused on the main issue and conclusion Remember to Annotate and Highlight! When highlighting use a different color for the different elements. Consider: yellow for analysis/rationale, blue for the elements you rarely highlight. Step 3: Create your Case briefThe Four Elements: Facts (name of the case and its parties, what happened factually and procedural, and the judgment) Issues (what is in dispute) Holding (the applied rule of law) Rationale (reasons for the holding) Elements you may want to consider: Dicta (commentary about the decision that was not the basis for the decision) Dissent (if a valuable dissenting opinion exists) Party's Arguments (each party's opposing argument concerning the ultimate issue) Comments (personal commentary)

New Page