MKU Legal Research & Writing - Case Briefing

SCHOOL OF LAW, DEPARTMENT OF PUBLIC LAW
PARKLANDS LAW CAMPUS

BLAW 1101: LEGAL RESEARCH & WRITING MODULE
LECTURER: MS. JUDITH NGURU – WALLA
WEEK 8: HOW TO BRIEF A CASE
Objectives of this topic:
To demonstrate how to prepare a case brief.
Expected outcome of the topic
By the end of this topic, you should be able to:
Identify the relevant facts, issues, holding, court reasoning and the legal rules set out in a case.
Prepare a case brief.
Content
8.1 Definition of a case brief
8.2 Functions of a case brief
8.3 Steps to briefing a case
 Read first
 Heading
 Statement of facts
 Procedural history
 Issues
 Holding
 Reasoning
 Judgment
 Concurring/ Dissenting opinions
 Analysis
Page | 1
8.1 Definition of a case brief
A case brief is a written summary of a case. It contains a written summary of the basic components
of that case. It represents a final product after reading a case, rereading it, taking it apart and
putting it back together again. A case brief is a tool intended for personal use.
8.2 Functions of a case brief
 Case briefing helps you acquire the skills of case analysis and legal reasoning.
 Briefing a case helps you understand it.
 Case briefing aids your memory.
 As a learner, case briefs help you remember the cases you read:
 for class discussion;
 for end-of-semester review for final examinations; and
 for writing and analyzing legal problems.
NB: most of the cases you will read are appellate cases as the decisions of lower courts have less
precedential value
8.3 Steps to briefing a case
Read first
Read the court decision first so you can understand the overall story and identify important facts
before beginning to brief the case on paper.
Heading
A case brief begins with:

 Case name (to identify the names of the parties and the roles the parties play);
 Court name – the court that heard the case;
 Date of the decision.
Statement of Facts
Identify legally relevant facts, that is, the facts that the court relied upon in resolving the case’s
legal issues. Legally relevant facts are those facts that tend to prove or disprove an issue before the
court. Those facts had an impact on the case’s outcome. The legally relevant facts tell what
happened before the parties entered the judicial system.
Procedural history
This is the disposition of the case in the lower court(s) that explains how the case got to the court
Page | 2
whose decision you are reading. It describes what events within the court system led to the present
case:
 What court the case has travelled through;

 What happened in previous court proceedings (The decision(s) of the lower court(s), The
damages awarded);
 How the case ended up in the current court (who appealed and why).
Issues (what is in dispute now?)
 What are the big legal questions that the court is considering in this case?
 What has to be resolved or answered?
Tip: formulate the main issue/ issues in the form of a question
Holding
The holding answers the question – how did the court resolve the issues? In other words, it
answers each question raised in the issues section.
Tip: first, state the answer in a word or two, such as "yes" or "no." Then in a sentence or two, state the legal principle
on which the court relied to reach that answer (the "holding").
Reasoning/ ratio decidendi

This is the court’s analysis of the issues and the heart of the case brief. It is the way in which the
court applied the legal rules and principles to the particular facts in the case to reach its decision.
It is the chain of argument, which led the judges in either a majority or a dissenting opinion to
rule as they did.
It answers the questions:

 How did the court arrive at the holding?
 How did the court explain the answer to the legal questions/ issues asked in the case?
Tip: to identify it, look at where the court is applying the law to the issues/ facts.
Judgment (what the court actually decided)

This is the court’s final decision as to the rights of the parties, the court’s response to a party’s
request for relief. In an appellate case, the question to be answered is – did the court affirm the
lower court's decision, reverse it in whole or in part, or remand the case for additional
proceedings?
Concurring/Dissenting Opinions
A judge who hears a case may not agree with the majority’s decision and will write a separate
dissenting opinion. Another judge may agree with the decision but not with the majority’s
reasoning and will write a separate concurring opinion.
Page | 3
Tip: note the concurring/dissenting judge(s)’ reasons for refusing to join in the majority opinion.
Analysis
 What are your reactions to and critique of the opinion? Anything you like? Dislike?
 How does this case fall in line with the other cases you have read?
 Assess the reasoning in each case. Is it sound?
 Is it contradictory? What are the political, economic or social impacts of this decision?
General discussion question
What are the major elements of a case brief?
Recommended readings:
Yusuf Kiwanda, The Exodus of Law and Legal Methods (Law Africa Publishing Ltd Kenya 2016)
chapter 8
Page | 4

MKU Legal Research & Writing - Case Briefing

Uploaded by

Copyright:

Available Formats

MKU Legal Research & Writing - Case Briefing

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

MKU Legal Research & Writing - Case Briefing

Uploaded by

Copyright:

Available Formats

SCHOOL OF LAW, DEPARTMENT OF PUBLIC LAW

PARKLANDS LAW CAMPUS

WEEK 8: HOW TO BRIEF A CASE

Objectives of this topic:

To demonstrate how to prepare a case brief.

Expected outcome of the topic

By the end of this topic, you should be able to:

8.2 Functions of a case brief

 Briefing a case helps you understand it.

 Case briefing aids your memory.

8.3 Steps to briefing a case

A case brief begins with:

 What court the case has travelled through;

Issues (what is in dispute now?)

Tip: formulate the main issue/ issues in the form of a question

Reasoning/ ratio decidendi

It answers the questions:

Judgment (what the court actually decided)

General discussion question

What are the major elements of a case brief?

You might also like