Title and Citation The title of the case shows who is opposing whom. The name of the person who initiated legal action in that particular court will always appear first. Since the losers often appeal to a higher court, this can get confusing.
This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves. Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest.
The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. Who will read your brief?
Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed.
You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements. What are the elements of a brief? Different people will tell you to include different things in your brief.
Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following: Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above.
Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use.
To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements. At a minimum, however, make sure you include the four elements listed above.
Elements that you may want to consider including in addition to the four basic elements are: In the personal experience of one of the authors, this element was used to label cases as specific kinds e. This element allowed him to release his thoughts without losing them so that he could move on to other cases.
In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements: One subject in which Procedure History is virtually always relevant is Civil Procedure. When describing the Judgment of the case, distinguish it from the Holding.
Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law.
It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece. The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form.
A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle.complexities of the law and the case by use of a simple formula.
F. acts. I. ssue. R.
ule. A. the brief is to simplify, and allow another to read the brief and understand the case. Conclusion- “C”, Continued Warning > Avoid a conclusion that concludes something without having a basis for the How to Write a Case Brief Author. Use Lexis Advance®, manage your LexisNexis® Rewards or get specific information about your school.
Sign In to Lexis Advance ® Sign In to Lexis Advance ® How To Write a Case Brief for Law School. Excerpt reproduced from Introduction to the Study of Law: Cases and Materials. Fifth. pleadings and motions related to the case. judges and other legal professionals use to make sure the cases you’re citing in your brief or memo are good law..
How to write a brief or memo 5 4 3 2 1 Lexis Advance® has all the sources you need to write the most effective brief or memo.
How to Brief a Case What to Expect in Class How to Outline How to Prepare for Exams Professors or experts in their related fields write all content A link to your Casebriefs™ LSAT Prep Course Workbook will begin to download upon confirmation of your email address.
Thank you and the best of luck to you on your LSAT exam. Writing a case brief can be rather easy once you’ve got the format down. While this guide focuses more on the structure of a written brief, you should keep most of the elements when doing a book brief as well.
Aug 28, · Re: are there actually case briefs on lexisnexis, westlaw, etc Post by dingbat» Sun Aug 26, pm Having barely used lexis, I've come across analyses of cases that are quite similar to case briefs for each case I looked up, but they're not a good substitute for a brief, as the analysis can be quite detailed and run several pages.