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How to Fill in the Case Brief Template Form by Following Guidlines on the Website?

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Case Brief Template Form: Customize, Finish and download

How to briefcase. I guess the first.question is what is a case brief? We.actually use the word "brief" a couple of.different ways in law. One way is the.case brief and that's what we're going.to be talking about here. The other.instance of using the word brief is.referring to an appellate brief that.attorneys will prepare for a case on.appeal. A very lengthy document or it might.be a brief of authority that the.attorneys would prepare in support of a.motion that they're going to argue in.front of the court. But here we're.talking about the case brief. It's a.brief that is prepared typically by law.students, paralegal students, other people.studying the law. And I suppose it might.have some application in the law office.where a lawyer might tell someone one of.the staff go brief this case for me. So.in that context we're talking about a.case brief. So what is a case brief? It's.a summary of the most important points.in a court decision, a particular court.decision. Usually that's going to be an.appellate court decision and we call it.a brief because it is. It's brief..Typically a page or less. Now why do we.brief cases? Why will we brief a case?.Well, to understand how the principle.of law that that case is all about how.it's being applied to a particular set.of facts. Try to understand what the.case stands for in law school we use this as a teaching method and it.does have a very practical application.that to understand what that case is all.about. The first part of a brief a case.brief is going to be setting out the.facts, the important facts. You have to.distinguish what facts really have some.sort of application or bearing on the.court's decision that.the issue that's going to be in front of.the court. And we'll talk about issue in.just a moment..But in the case brief we disregard.all facts that really don't have any.bearing on what the case is all about..And we also have to recognize that the.facts that we are dealing with in the.court decision that we are briefing in.that court opinion those facts.were developed at the trial court so the.appellate court is saying well these are.the facts that are in front of us. And.appellate courts don't refight the.battle on facts. They only deal.with questions of law, so keep that in.mind as we go through this. Now the next.part of the case brief is going to be.the procedural history..What court issued this opinion that.we're reading that we're briefing? How.did the case get to that court? You know.did it come up from the trial court on.appeal? Did it come from a another.appellate court? Now this procedural.history is typically not an important.part of the case brief unless the case.turns on something that happened in that.procedural history, and in fact some some.instructors some teachers will even say.it's not necessary for our purposes.to prepare or include the procedural.history. But some do. Okay, the issue..This is what's really the difference.between lawyers and laypeople here,.whether you can spot the issue and.articulate the issue in a question. Now.fortunately for the students and people.who read these cases the courts.typically are very helpful in helping us.understand what the issue is because.they'll start with the word.identify it for us. "The issue before us.today is whether" so you want to look for.that word "whether" as you read the.court opinion, but then, and so.frequently the court will state that.that legal issue in a question. So it's.the question that's presented to the.trial court the question that the court.is going to be struggling, the.question that the court is going to have.to decide and it's a legal.question, it's a legal issue. Not a fact.issue. We've already dealt with the fact.issues at the trial court so we're.stating what is the legal issue, what is.the issue over the interpretation of the.rules that's going to decide this case. And.of course the answer to that question.will determine who wins the case. Now, in.some briefs we might put the holding of.the court. You might might see, wonder.what's the holding of the court and it's.usually a very brief one or two-word.answer to this question and the answer.is either yes or no. So a question would.be whether or not an accused a.criminal, person accused of crime is.entitled to legal counsel at trial. Okay.that was basically the the one of the.questions have in the Gideon versus.Wainwright case. And the answer would be.yes or no, and in this case in that case.the the court said yes they're entitled.to assistance of counsel at trial. So.that's just very brief. Now.some teachers, professors,.instructors say just work the holding.into the rule. They're really referring.to the IRAC method, the facts, the.issue, the rule. And then the other.two letters we'll look at in just a.moment. But the rule, what is the rule?.That's the next section. Well that's the.rule of law that the court used to.decide the case, and there may be more than.one rule that's involved. It depends on.how complicated the case may be,.how many issues may be involved. There.may be a couple different rules that.they have to consider depending on what.the facts are and so that's why it's.important to include in your brief at.the very front what the important facts.are. See, everything ties together. And the.court will discuss these rules, and as.they discuss the rules that will help.you in the next section of our brief. And.that next section is the application..Sometimes it may be called the analysis.or the reasoning of the court. And.this is frequently viewed as the.most important part of the case brief.because we are explaining or looking at.why the court ruled the way it did. We.are taking the facts that we set out.earlier in the brief, we're taking the.rule that the court used and applied in.the earlier part of the brief, and now.we're explaining why they did that. And.the court often, courts frequently will.state what each party contends. Appellant.contends this. Appelle contends that. And.then frequently the court will say.what they find sound or not sound.about those conflicting arguments, so.that will help you understand and be.able to identify how the court is.applying the rule to the facts. And.that's what this section is about. And.then of course the last section of the.case brief is the conclusion, and it's.basically a short statement saying that.the court affirmed or the court.reversed the case and held for the.appellant, appellee, plaintiff, defendant,.however the parties are being designated..So it essentially is saying who won and.lost. And so by using this case brief we.can have a better understanding of the.principles of law that we are studying..

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