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 brief

The 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)

	Criado por alicialee07 mais de 11 anos atrás

Law School Basics Notas sobre Technique: Creating a Case Brief, criado por alicialee07 em 25-07-2013.

Technique: Creating a Case Brief