Instruction Manual

Anastasia Kan

WRTG 393

09/15/13

HOW TO BRIEF A CASE

The purpose of a case brief is to summarize a court decision and to put components of a decision in a uniform format. A well-drafted brief saves you time because you do not have to reread the original decision to understand its significance. Also, you have to remember that many attorneys use their own uniform format, and sometimes that format will depend on why you are briefing a case. To brief a case you need a casebook, paper and pen or computer, and attention to detail.

NOTE: A good case brief can be done in a variety of ways. ALWAYS ask an attorney if he or she has a preference. NEVER include your personal analysis or opinion while briefing a case.

1. Read the case thoroughly several times

1.1 Consider the questions that court was asked to decide

1.2 Determine the parties in the action and what each party is seeking

1.3 Draw a diagram of the parties For example, when the parties are involved in a three- way dispute such as cross-claim, it might take some time to determine what each party is seeking

2. Begin the case brief with the case citation

2.1 Note the name of the case, which is generally found at the top of the page

2.2 Add the case citation or docket number of the case

2.3 Include the data of the decision and the name of the deciding court

2.4 Make a note concerning whether the decision is primary binding or primary persuasive authority

3. Draft Procedural Facts

3.1 Summarize how this case traveled through the court system to reach this point

3.2 Note the action of the prior court For example, if the decision concerns the appeal to a federal appellate court, note that.

3.3 Tell a story about what happened to bring these parties before the court.

3.4 Leave the legal terminology out of this section

3.5 State whether the court reversed or affirmed the lower court’s decision and whether the case was remanded

4. Draft Issues

4.1 Understand