Case briefs are often used in the appeals process.
A case brief in law is a succinct summary of the facts concerning a particular legal case, such as the facts, issues and reasoning for a decision. Most law briefs are actually appellate briefs. Appellate briefs are case briefs used to influence a higher court to uphold or reverse the decision of a lower court. Other case briefs may refer to those written by law students and presented to a professor.
Facts
Mention only the facts of the case. The legal points related to those facts are important. Write a brief introduction that describes only the facts of the case. Cite the law that applies to the case, such as if there is a precedent. Highlight any issues of contention. For example, the case may deal with both parties' different interpretations of the law; state the arguments made by both sides. Include a summary of the indictment or complaint with arguments and evidence from both sides. Include a summary of the decision by the lower court.
Issues
Mention the issues of law that are raised by the case. In most case briefs, there are two different interpretations of the same law. Typically, the judge in the lower court will side with one interpretation. State both sides' points. Rather than use objective critical language, state the issue as a question to be considered. For example, rather than state, "Even people with a lower level of intelligence should be held accountable for their actions," use a question, "Should people with a lower level of intelligence be held accountable for their actions?"
Decisions
Decisions are, simply put, the decisions made by the court. State these in facts in chronological order and include any notes on the decision, sentencing or punishment. Stick with only decisions made by the court. It is helpful to use a time line of decisions for longer and more complex cases.
Reasoning
Reason by reason, state the logic the judge used to arrive at the decision. Stick with only the judge's logic and points. This is important in the appeals process since this wording will be scrutinized by the appeals court.
Rationale and Opinion
State the opinions of both parties in relation to the ruling. The points of both sides should be considered equally and given equal importance. State the opinion of the preparer of the case. Bring up any issues that were not addressed or incorrectly addressed; add new arguments if possible. Consider the long-term implications of the ruling and highlight how they may be interpreted by future courts.
Tags: both sides, lower court, accountable their, accountable their actions, appeals process