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Elements of a Case Brief

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BEWARE: The case method of instruction often accustoms students to lazy and analytically ineffective reading of judicial opinions. Gross, 25 J. Legal Educ. at. 272. 
 

Elements of the Case Brief

  • Heading
  • Procedural History
  • Key Facts
  • Question Presented or Issue(s);
  • Courts' Holding or Decision
  • Court's Reasoning
 

Heading

  • Case Name
  • Citation including court and date
  • Casebook page reference
 

Procedural History

  • What the plaintiff sought in the trial court (the Cause of Action and Relief)
  • What the trial court did
  • Who the appellant is and what the appellant sought in the appellate court
  • What the appellate court did
 

Key Facts

bulletSignificant facts which the opinion accepts as given.
bulletDo not include facts which the opinion concludes as true after a substantial course of reasoning
bulletDo not include facts that are not essential to the court making a decision
 

Question Presented or Issue

 

Courts' Holding or Decision

 

Court's Reasoning

  • Court's justification for its decision
  • Include Facts which court concludes are true.
  • Include Law which court concludes applies.
 

If you are going to skimp on doing case briefs, don't skimp on the reasoning.

 

If your case brief is more than 1-2 handwritten pages; - - it is probably too detailed. 

 

Case Briefs should be brief!

 
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