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Professor Byron Warnken and Professor Elizabeth
Samuels
University of Baltimore School
of Law
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Mini Brief
The mini brief is often referred to as
a standard four-point brief. It is a somewhat condensed version of
the maxi brief, without the maxi brief's high degree of compartmentalization.
The mini brief is usually divided into facts, issue, holding, and rationale.
In the mini brief, facts include the parties and a skeletal account of
the procedure (the procedural facts). (Failure to properly comprehend
the procedural history and present posture of the case is a common danger
for first-year students.) The holding includes the mandate/disposition.
The parties' legal theories, and mandates/dispositions sought, are absorbed
into the rationale. Dictum is ignored or discussed in the rationale
section, which can lead to confusion. Separate opinions are not usually
noted. . . .
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| The
Pretend Brief
The pretend brief is usually referred
to as a squib brief. It consists of a sentence or two of the facts,
and a sentence or two for each holding and its supporting rationale.
The pretend brief constitutes a few notes for recall but is not a substitute
for written case analysis.
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| The
Felt-tip Brief
The felt-tip brief is usually referred to as a book
brief. It usually consists of felt-tip pen markings underlining or
highlighting significant passages in the case, accompanied by notes in
the margin. The felt-tip brief is a pre-briefing organizational too
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| The
Pedigree Prefab Brief
The pedigree prefab brief is the case headnotes. The
West Publishing Company publishes all reported opinions, and located at
the beginning of each opinion are the headnotes or scope notes for that
case, which consist of a one-paragraph blurb for each point in the case.
The divisions into "points of law" are based upon West's compartmentalization
of the law into the thousands of topics and sub-topics that make up the
West digest system. The headnotes have a pedigree because they are
compiled by West's staff. This prefab brief, while a good introduction
to the case, is no substitute for written case analysis because it lacks
several requisite elements, sufficient emphasis on facts, and independent
analysis by the student or lawyer briefer.
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| The Illegitimate
Prefab Brief
The illegitimate prefab brief is usually referred to as
a canned brief, found in books of commercially prepared briefs of cases
that appear in law school casebooks. They are always superficial,
frequently incorrect, and no substitute for written case analysis.
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