The law is a straightforward but at the same time complicated rule that everyone is required to follow. And since it is the governing rule or general policy of the land, it is a must to be able to fully understand these laws. These laws were written long before you were even born, therefore, the perceptions of then and now has drastically changed.
If you do not take your time to actually understand the literal or even figurative meaning of these laws, there is a big chance that you have committed things going against these laws. Not only that, when you take time to study the law you may be able to find loopholes that can help the majority or to help amending these laws. You may also see marketing brief examples.
In order for you to understand these laws or the basis for using and implementing them, you need to thoroughly and carefully study them. You need to have the patience, open-mindedness, attention to detail, and critical thinking so that you can examine these laws objectively rather than subjectively. Although the main purpose of setting up these laws is to have a governing rule to help manage people, there is also a complex nature into it. You may also like event brief tips and examples.
Allotting time to read through these laws, the explanations, and how they were used during court proceedings is a must.
Speaking about court proceedings, you may immediately immediately think about legal cases. A case is a general term used for an action, suit, or controversy, at law or in equity. Basically, this means that a legal case is a dispute between two or more opposing parties. You may also check out what is a briefing note?
A court proceeding or other equivalent legal process is done to help solve this dispute. In addition, there are two main types of cases: civil and criminal case. In a civil case, the party who files the complaints is requesting a remedy or compensation for the damage caused by the defendant or the person the case was filed against. On the other hand, a criminal case is the indictment of a person who committed a crime by a grand jury or a prosecutor or district attorney. You might be interested in summary writing examples and samples.
A case briefing has been a method of studying law and has been used for a long period of time. The purpose of case briefing is to have students identify the rules of law used in court cases. It also urges the student to analyze how courts have objectively and rationally applied these rules of law to the facts of the case. You may also see how to write a summary.
It is a way of presenting a case in a systematic way so that the most relevant facts are determined, the legal issues involved are identified, arguments from the opposite parties are examined and have a discussion of the judgement.
Briefing cases hone the analytical skills and help improve understanding on the role of courts in interpreting and applying these laws. It is an important professional skill since briefing cases improve your keenness on all the information of the case, therefore, it can also be used on the other aspects of your life. This type of exercise is commonly used by law students when they study different laws. You may also like summary examples.
With the term briefing, it literally means condensing all the facts of the case in a shorter form. This helps the students or people in general understand the case easier. Basing on the provided facts and other information of the case, the student writes a short version by isolating significant elements of a judicial opinion. It dissects these information so that the case can be thoroughly studied. This can then help the student understand the concept of the applied law better. You may also check out research summary examples.
Case briefs have been a constant companion of law students in studying cases and the law in general. It has been a big help for them to understand the law better and to help them remember the facts of the case among other things. Here are some of the main purpose of a case brief:
1. The facts of the case can be easily remembered even in short span of time, most commonly used for class discussions. You may also see meeting summary examples.
2. The future value or the precedent of a judicial decision is acquired while making and studying the brief. It helps in finding the principles of law that the case applies.
3. An area of law can be reviewed easier and smoother. Basically summarizing a complex and long document, it gives a comprehensive version of the case while providing a summary of an area of law. You may also like how to write an investment summary.
In order to a make a case brief that can effectively and systematically present the facts and other information of the case, you need to know how brief a case properly. There is no point in briefing a case when the is still a lack of information. Here are steps you should take when briefing a case:
There is no right or wrong way of briefing a case; it all depends on the requirement given by your professor for the course or the court. You should follow the format that is most useful and is required for the class and exam preparations. However, regardless of format, the next consecutive steps should still be followed. You may also see how to write a professional summary.
The first thing you need to write on your case brief is the case name, the court that decided it, the year it was decided, and the page on which it appears in the casebook. It should be directly displayed on the front page of your brief or on the upper part of your paper.
The facts of the case should be stated after the case name. Only include the facts that are relevant to the case. This is because legal principles depend on the situations in which they are needed to be applied. If a detail had an impact on the outcome of the case, that fact it is legally relevant. For example, for a personal injury action derived from a car accident, the colors of the car would be most likely relevant to the outcome of the case. You may also like career summary examples.
The next section of your case is the procedural history which begins and ends with the case’s presentation in the court that wrote the opinion you are basing your case brief on. For a trial court case, you will need to identify the type of legal action the plaintiff or the person who filed the case has brought. You may also check out project summary examples.
After the fourth step, you are now prepared to describe the case you are briefing. In this section, you need to state the factual and legal questions the court has decided on. You need to break it down to its component parts in order to analyze the case properly.
For this part of the brief, you need to answer each question you have stated beforehand. To make it easier, first state the answer in one or two words such as yes or no. After that, you can then proceed on stating the legal principle with which the court has relied on to reach that answer or holding. You might be interested in examples of writing a narrative summary.
In this step, you need to describe the court’s rationale for each answer or holding. This may be the most important section of a case brief since you need to understand the reasoning behind the court’s answer in order to analyze it and apply it to other situations with the same thought and requiring the same answer. Start with the first question or issue, then proceed to describing each link to the chain of reasoning of the court. You may also see personal summary examples.
In this step, you need to describe the final disposition of the case. Did the court favor the plaintiff or the defendant with their decision? If any, what remedy did the court accede? You need to be able to clearly explain what has been the final decision on the case in order to understand how the law was applied. You may also like thesis summary examples.
In other cases, presenting an interesting alternative analysis of the case is included. In this case, you should clearly and thoroughly describe the analysis in your case brief. It can help you see the case in a different perspective helping you form an analytical and logical thought on the case. You may also check out job summary examples.
A case brief, also known as a legal brief, is a written legal document that is shown to a court justifying for the triumph of a party in a specific case. Consequently, a case brief used in an academic setting is called “student brief.” This document is a short case summary and analysis that includes a set of systematically presented notes that aim to classify the parties, distinguish the issues, determine the decision, and analyze the reasoning behind the verdict given by the court. Respectively, one prepares these compositions for a classroom discussion.
If you are writing a student brief, it is more probable that you are asked by your instructor to do so. He/she should have given you specific instructions regarding this task. Considering that a student, just like any legal brief examples, is systematic in nature, there are specific parts you need to consider. In this segment, we are going to discuss the methodology in writing a case brief for law school. Read through to learn more.
Given that you already gathered sufficient pieces of information and mastered the case, follow through these steps:
The title of your brief introduces the two opposing parties in the case. In writing your title, state the name of the individual who started legal action in that specific court first. This section may get confusing, as well. Given that a side that lost may appeal to a higher court, there is no guarantee that the first appearing name will always be the same party. Basically, this initial segment of a case brief depicts how players are distinguished without objective consideration.
On the other hand, a citation is a system that is utilized by legal professionals to distinguish the history of court cases’ decisions. It recounts the way on how to locate the case reporter appropriately. The citation of your brief can be found with the use of a case digest that covers the specific court. You may use electronic legal databases that are subscribed to by the library, such as Westlaw or LEXIS-NEXIS.
Remember, you use a student brief for an argument. It is already understood that this document requires some pieces of supporting evidence. Hence, include a section in your brief that would encompass relevant facts and legal points raised in the case. The facts stated in your brief should state the characteristics of the judicial proceedings, the plaintiffs and the defendants, the causing context, and the historic details regarding the case.
The summary of case facts is presented more conveniently in the first part of the court’s published opinion. Moreover, an outstanding statement of facts can occasionally be located in a concurring opinion. In this section, take note that the judge may select the facts he/she will emphasize. This element is a critical part, especially in weak, unstable cases. In composing your case facts, take note to include the following elements:
• An introductory sentence that defines the characteristic of the case. Write this in one sentence only.
• A statement of the law relevant to the case. Include quotation marks or underlines to highlight or emphasize the significant words or phrases in dispute.
• For a civil case, mention a complaint summary. For a criminal case, include an indictment. Furthermore, state the corresponding supporting details that would depict the scene of the dispute, such as who did something to whom. It should also elucidate why the said act is considered illegal.
In the issues linked to the case, lay debatable questions that are aimed to be answered by the court. For constitutional lawsuits, the case frequently involves multiple issues. Some of these issues are of the interest only to the litigants and lawyers. In some instances, these points hold strengthing importance to the citizens and officials alike. In writing your issues, make sure to include both. On rare occasions, however, the definition of a provision or debated issue of the Constitution, a law, or a judicial doctrine could be turned by the outcome of an appellate case.
In indicating your key issue, it would be helpful to construct your questions in a form that could be answered by yes or no. Moreover, watch out for the judges that may misinterpret your issue statement.
Also known as holding, decisions in your brief indicate the answer of the court to a specific question or issue raised in the case. Some procedural holdings are tight, such as “case reversed or remanded.” There are also broader substantial decisions that correspond to the interpretation of the Constitution, judicial doctrines, or statutes. On the other hand, supposing that the court pulled the issues accurately, the holdings can be stated in “yes” or “no.” Furthermore, it could also be expressed based on the language used in the court.
The rationale in a case brief refers to the series of arguments that directed the judges to derive at a particular decision or holding. The reasoning applied in the case may be drawn from a dissenting opinion or the decision of the majority. In indicating your rationale, it is also important to outline these points in numbered or bulleted sentences or paragraphs.
In composing your case brief, it is essential to assess both concurring and dissenting opinions equally. This component is vital to uncover the key points of agreement and disagreement with the overall opinion. Take into account the way how each justice favored and how they are aligned. Being knowledgeable on the nature of the judges’ votation on a specific kind of issue is indeed a great advantage. Applying this to your work enables you to predict how will they react in the future regarding similar cases.
In this section, the student should evaluate why the argument or case is imperative and the relationship of the case to the other cases. He/she must also examine the historic location of the case and what it uncovers about the Court, its participants, or its effect on the litigants, government, or society. The analysis should also describe the decision-making process applied in the case. Conclusively, this portion discusses the indefinite expectations and investigates the values of Justice, the decency of the decision, and the logic of reasoning.
A case brief does not merely indicate your wit in writing. It should also encompass your cleverness in the practice court. A good case brief may be a useful tool in the court, but it does not guarantee a sure win. You still need to be highly observant in regards to the unarticulated factors such as the logical fallacies, control of the factual records, precedent distortions, and many more. After settling your work, it is also helpful to do some reflections on the said document.
A case brief is commonly used by law students since it is a helpful method in comprehensively studying the law. It helps them better understand what laws were applied and how they were applied on the case. It helps shed light on the most important information and aspect of the case in order to better understand the reasoning of the court with its decision. You may also see objective summary examples.
It is a tedious and meticulous task but the output can be of great help to whoever needs it. It helps you make an analysis and judgment that can be used in other cases. We hope that this guide was useful to you.