Getting accepted into law school is a difficult task in and of itself. But it is only half the battle. For the next three years, you can expect to spend 60 hours a week or more studying. The knowledge that you acquire is extremely important because the fate of your future clients depends on your law skills. Case brief writing is one of the more common assignments that you will be expected to complete. Let us take a quick look at this type of legal writing.
What Is a Case Brief?
A case brief is a comprehensive summary of the facts of a legal case. Case brief writing typically follows a systematic structure and involves highlighting the key facts of a case, outlining the relevant legal issues, and discussing the arguments made by the opposing legal parties. It also concludes by discussing the judges’ decision and how they reached their opinion.
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Good case brief writing starts with determining which legal issues the case under review falls under. Choose a case that is relevant and has an impact that can be felt today. It is not necessary to include every single detail, so to save time avoid any irrelevant information.
If you choose a lengthy case, start by looking through the case summary and review any other cases that are relevant. Take notes and find an organized way to categorize your information so that you will not have to keep flipping through pages in order to find it again.
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Now that you have created a summary, it is time to begin writing the full case brief paper. There are eight elements that every case brief contains:
The title informs the reader about the case, including the names of the respective parties. The citation helps the reader find the actual case itself if they wish to read it in full.
Summarize the facts of the case brief. This is perhaps the most challenging part of the paper since you will need to decide which facts are pertinent and which ones can be omitted. Unless necessary, it is not important to mention every key witness or such details as car makes and models.
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Write one-sentence length questions that identify the issues of the case.
List the legal arguments raised by each of the respective the parties to support their positions.
Discuss the decisions made by the court, including their rationale. This can involve listing relevant cases that served as legal precedent.
If the judges do not render a unanimous opinion, it is important to include the dissenting opinion, along with what the judge believes to be the flaws of the majority’s opinion. In some cases, a judge might agree with the majority, but express different legal reasons for it. In this case you would discuss their concurring opinions.
This is where the judges would explain which principles they applied when rendering their opinion.
Discuss why the case is so important and how it compares to similar cases that have come about since then. Also, mention how the legal system has evolved over the course of time, using this case as an example. Was the court’s decision correct? Is it consistent with past judgments? What circumstances lead to changes in attitudes based on how the case was decided?
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