Appellate briefs are the written arguments presented to an appellate court.
Turning a 100-page case into a one- or two-page summary is challenging, even for the most accomplished lawyer. Case briefing is the process of creating this summary, aptly named the "case brief." Law students brief cases on a regular basis and are often graded on the quality of these briefs. Creating a quality brief involves knowing what information to include, condensing the information and following a specific format to compile the information.
Instructions
1. Ask your professor what format to follow for your case brief. Professors each have their own preference for format.
2. Identify the parties to the case and the case citation. The parties are the individuals involved in the legal action. The parties in a civil suit are called the plaintiff and the defendant. For criminal cases, the parties are the government (state or federal) and the defendant.
3. Describe the procedural history for the case or how it came to be in that particular court, focusing on the legal issues.
4. Summarize the facts of the case. You can usually find a good summary of facts at the beginning of a published case or in a dissenting or concurring opinion.
5. Identify the legal issues in the case. Cases usually clearly identify the legal issues before the court. Look for key phrases such as, "The issue/case/question before us today is whether ... "
6. State the rule in the case. The rule is the court's answer to the legal questions raised by the case.
7. Explain how the court decided the rule in the case. Include the arguments considered by the court and any precedents for the decision.
8. Summarize the dissenting and concurring opinions, if any.
Tags: legal issues, case brief, dissenting concurring, rule case