Burkhart and Robert A. Reasoning The reasoning, or rationale, is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did.
Learning to brief and figuring out exactly what to include will take time and practice. Does the result violate your sense of justice or fairness? Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision.
A court must be impartial and may not insert itself into the role of the prosecution.
Be sure to answer specifically the question of why a judge decided to write separately. A summary of the complaint in a civil case or the indictment in a criminal case plus relevant evidence and arguments presented in court to explain who did what to whom and why the case was thought to involve illegal conduct.
The fact section of a good student brief will include the following elements: Remember, the reason to make a brief is not to persuade the world that the ultimate decision in the case is a sound one, but rather to aid in refreshing your memory concerning the most important parts of the case.
When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts.
Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial. A statement of the relevant law, with quotation marks or underlining to draw attention to the key words or phrases that are in dispute.
Analysis Here the student should evaluate the significance of the case, its relationship to other cases, its place in history, and what is shows about the Court, its members, its decision-making processes, or the impact it has on litigants, government, or society. The legal research and writing handbook: Highlighting is a personal tool, and therefore should be used to the extent that highlighting helps, but should be modified in a way that makes it personally time efficient and beneficial.
What facts are relevant to include in a brief? Whatever you choose to do, make sure that it works for you, regardless of what others recommend. What should you highlight?
While a brief is an extremely helpful and important study aid, annotating and highlighting are other tools for breaking down the mass of material in your casebook.
Steps to briefing a case 1.
If you prefer a visual approach to learning, you may find highlighting to be a very effective tool. You should include the facts that are necessary to remind you of the story.
There are many acceptable formats for a case brief.Case briefs are a crucial tool for law students. But have you ever wondered how to write a case brief?
Crafting a good case brief requires the skills to pull out and analyze the most important details from a case, and once complete, they serve as a great study tool to look back on.
Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again.
How To Write a Legal Brief Despite that you should have learned all this in Legal Research & Writing back in law school, here is a brief introduction (or refresher) on brief writing.
Follow the below steps and you’ll draft better briefs. Aug 23, · How to Brief a Law Case. In this Article: Prepping the Brief Writing the Brief Analyzing the Decision Community Q&A. An appellate brief is an argument presented to a higher court, whose purpose is to argue that it uphold or reject a trial court ruling%().
Writing a case brief can be rather easy once you’ve got the format down. While this guide focuses more on the structure of a written brief, you should keep most of the elements when doing a book brief as well.
Aug 23, · An appellate brief is an argument presented to a higher court, whose purpose is to argue that it uphold or reject a trial court ruling. It is also a common assignment in law school to analyze and outline cases for discussion, as you will in court. To brief a law case, follow the steps below.