Case Brief Prepping

What is a Case Brief?
A case brief is a condensed, concise outline-form summary of a court opinion. Hence, the
term brief. It is generally used for more efficient self-study (its easier and more simple
than
re-reading a 100-page long case every time you want to refresh your memory about the case).
It is also used to present the case to others (its easier and more
simple than reading a 100-page long case verbatim). In other words, a case brief boils down
a court opinion to the key elements and discusses the essence of the courts opinion. These
basic elements are the facts of the case, the particular legal issue that is at question in the
case, the specific legal rule of law that is applicable to the case, the application of that rule of
law to the facts of the case, and then the courts holding/conclusion. With the exception of
the specific rule of law (which should almost always be quoted), the case brief should be a
summary and paraphrasing of the courts opinion in your own words. This forces you to
understand the courts opinion much more deeply. In this course, I highly encourage you to
study together regarding reading and understanding of the cases; however
***PREPARATION OF YOUR FINAL CASE BRIEF MUST BE YOUR OWN
INDIVIDUAL WORK***.
Model Case Brief Template and Sample:

Case: Name of the case, (and year of the decision).
Facts: Who are the parties to the lawsuit, what is their dispute, and how did they get to the
Supreme Court? In your own words, only include the few important facts necessary to
understand the case; e.g. the time of day a defendant was arrested is usually not important,
etc.
Issue: What is the basic legal question regarding what specific provision of law that is to be
decided in the case?
Holding: What is the majoritys basic answer to the basic legal question in the case. Also
include the vote count: majority/pluralityconcurrence(s)dissent(s)
***Majority Opinion Reasoning: What is the majoritys explanation why it reached its
holding? You will want to create a summarized, condensed, paraphrased outline of the
courts reasoning. The reasoning simply consists of two things: the RULE and the
APPLICATION (of the rule to the facts of the case):
A. Rule: What rule of law is announced in the case? A court first must announce a
specific controlling principle of law (e.g. the court's interpretation of a constitutional
provision, NOT the constitutional provision itself!) that applies to the issue in the case.
This is also the abstract, general legal principle that will be applied to all future cases
involving this issue, using this case as a precedent, and it is important to understand
under what factual circumstances the rule applies. Often the court will usually explain
why the rule is being created or applied, such as the origin of the rule, or the policy
behind the rule existing, and also will often explain why any alternative rules proposed
by the parties or the dissenting justices are being rejected. Here the court usually looks
at the words of a constitutional or statutory provision, the original intent behind that
law, and public policy arguments. These are not the rule itself, but the explanation of, or
justification for, the rule. You must quote precisely the actual rule itself (but not the
explanation for the rule) that the court finally adopts and decides to apply; the actual
wording of the rule itself is known as the black letter law. The rule itself must be
quoted because every word matters: there is a huge difference between a and the or
between may and must etc. But the justification for the rule should be primarily in
your own words.
B. Application: How does the rule of law specifically apply given the specific facts of
the case at issue? In other words, given the rule of law that should apply, which party
wins according to that rule given the facts of the case being heard? The reasoning of the
court here should consider the facts of the case, and might analogize or distinguish the
facts of the current case to the facts of earlier similar or related cases. You should
explain all this in your own words, quoting only an occasional word or phrase.
Concurring Opinion(s) Reasoning: What is the reasoning of each separate concurrence

(justices who agreed with the majoritys holding but disagreed with the majoritys
reasoning)? How do they differ in their proposed rule or application (or both)?
Dissenting Opinion(s) Reasoning: What is the reasoning of each separate dissent (justices
who disagreed with both the majoritys holding and its reasoning)? How do they differ in
their proposed rule or application (or both)?

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What are the basic elements of a case brief?

What is the purpose of writing a case brief in your own words?

What is a Case Brief?

Model Case Brief Template and Sample:

Concurring Opinion(s) Reasoning: What is the reasoning of each separate concurrence

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