Cecily Zamora
Case briefing is an essential skill for law students and interns. A good case brief presents a summary and analysis of a case, helping to identify the parties, issues, decisions, and reasoning behind court rulings. It includes a one-sentence description of the case, a statement of relevant laws with emphasis on disputed keywords or phrases, and a summary of the complaint or indictment, evidence, and arguments. Additionally, it outlines the actions taken by lower courts and the specific issues or questions of law raised. When writing case briefs, it's crucial to cite the case correctly and provide a clear title that identifies the opposing parties. While it can be tedious to read lengthy judgments, developing effective case briefing skills is advantageous for legal professionals.
| Characteristics | Values |
|---|---|
| Title | Should clearly state who is opposing whom, using 'v./vs' to separate the two parties |
| Citation | Include the full names of the parties involved, the court, and the judgement |
| Nature of the case | A one-sentence description to serve as an introduction |
| Relevant law | Include key words or phrases in dispute, using quotation marks or underlining to draw attention |
| Summary | Include a summary of the complaint or indictment, evidence, and arguments presented in court |
| Lower court actions | Include a summary of actions taken by lower courts, e.g., defendant convicted, conviction upheld, etc. |
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What You'll Learn
Provide a one-sentence description of the case's nature
When writing a case brief, it is important to include a concise and clear one-sentence description of the nature of the case at the very beginning. This sentence should introduce the key facts and provide a snapshot of the case's essence, helping the reader understand the basic elements and context of the legal matter at hand. Here are some examples of what this introductory sentence could look like for different types of cases:
"This case concerns a dispute over a breach of contract between a business and a client, with the plaintiff alleging non-performance and seeking damages."
"The defendant is accused of aggravated assault and battery, involving an alleged physical attack on the victim, with the case focusing on witness testimonies and the definition of 'serious injury'."
"A constitutional challenge has been raised regarding the state's voter ID laws, with civil rights groups arguing they infringe on citizens' right to vote and equal protection under the Fourteenth Amendment."
"At issue is the interpretation of 'just cause' for termination in an employment contract, as the plaintiff claims wrongful dismissal and seeks remedies under labour law."
"The case revolves around a patent infringement dispute in the pharmaceutical industry, with Company A alleging that Company B has infringed on their patented drug formula."
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Include a statement of the relevant law
The 'fact section' of a case brief should include a statement of the relevant law. This statement should include keywords or phrases that are in dispute, which can be emphasised through the use of quotation marks or underlining.
In a student brief, the relevant law should be presented systematically, along with the parties involved, the issues identified, what was decided, and the reasoning behind the court's decisions. This statement should be concise and direct, providing a clear understanding of the legal basis for the case.
When writing about the relevant law, it is important to consider the specific provisions or points of debate that influenced the case's outcome. This may involve analysing the meaning of a constitutional provision, a specific law, or a judicial doctrine. By accurately capturing these legal nuances, you provide crucial context for understanding the case's resolution.
Additionally, the statement of the relevant law should be supported by references to the actions taken by the lower courts. This includes details such as the defendant's conviction, the appellate court's decision, and whether the Supreme Court granted certiorari. By providing this procedural context, you offer a comprehensive understanding of how the relevant law was applied and interpreted throughout the judicial process.
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Summarise the complaint or indictment
Summarising the complaint or indictment is a crucial part of writing a case brief, providing an overview of the case's nature and the alleged illegal conduct. Here are some detailed guidelines on how to summarise the complaint or indictment effectively:
Provide a Concise Overview of the Case
Begin with a concise and clear description of the case's nature. This one-sentence introduction should give readers a basic understanding of the case's context, helping them grasp the underlying dispute. For instance, you could start with: "This case involves a dispute over breach of contract between a business owner and their client."
Identify the Parties Involved
Clearly state the names of the parties involved, distinguishing between the plaintiff (the party initiating legal action) and the defendant (the responding party). In some cases, they may also be referred to as petitioners and respondents, respectively. For example: "The case of Smith v. Jones involves Mr. John Smith as the plaintiff and Ms. Emily Jones as the defendant."
Outline the Relevant Laws and Disputed Issues
Provide a summary of the relevant laws and highlight any keywords or phrases that are central to the dispute. This helps readers understand the legal framework within which the case is being argued. For instance, in a contract dispute, you might refer to specific clauses in contract law that define the terms of a valid contract. Use quotation marks or underlining to draw attention to these key elements.
Offer a concise summary of the complaint (in a civil case) or indictment (in a criminal case). Explain the alleged actions of each party and why they are believed to have involved illegal conduct. For example: "Mr. Smith alleges that Ms. Jones breached their contract by failing to deliver the agreed-upon services on time, causing financial loss to his business."
Present Relevant Evidence and Arguments
Support the summary with relevant evidence and arguments presented in court. Explain the key pieces of evidence that each party relied on to strengthen their case. Additionally, outline the legal arguments made by both sides, helping readers understand the strategies employed by the plaintiff and defendant. This section is crucial for providing context and demonstrating why the case is believed to involve illegal conduct.
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Outline the actions of lower courts
In the common law tradition, lower courts are bound by the decisions of higher courts. For example, in England, the High Court and the Court of Appeals are each bound by their previous decisions. Lower courts decide the law applicable to a case by interpreting statutes and applying precedents, which record how and why prior cases have been decided.
In federal or multi-jurisdictional law systems, conflicts between lower appellate courts may arise. These differences may not always be resolved and may require distinguishing how the law is applied in one district, province, or division. Lower courts cannot overrule the judgments of higher courts on their own initiative and must follow the doctrine of stare decisis, making decisions consistent with the previous decisions of higher courts.
If a lower court believes that a precedent is unhelpful due to developments or trends in legal reasoning, it may attempt to evade it by holding that the precedent is inconsistent with subsequent authority or that there is a material difference in the facts of the cases. However, a lower court may not rule against a binding precedent, even if it disagrees with it, and can only express hope for reform by a higher court or the legislature.
In the US, the Supreme Court is the highest court, with 13 appellate courts, or US Courts of Appeals, sitting below it. These appellate courts determine whether the law was applied correctly in the trial court or federal administrative agency. The nation also has 94 district or trial courts, which resolve disputes by determining the facts and applying the law to those facts.
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Cite the case to help readers find the full judgement
Citing case law correctly is essential to help readers find the full judgment and understand the legal analysis. The Bluebook: A Uniform System of Citation is the authoritative guide on legal citation style in the United States, and it provides comprehensive rules for citing cases. Here are some detailed instructions and examples to help you understand how to cite cases effectively:
Case Name and Parties Involved: Start by providing the names of the parties involved in the case, with the appellant's name first, followed by the respondent's name. For example, in "Stearns v. Ticketmaster Corp.," Stearns is the appellant and Ticketmaster Corporation is the appellee. This format helps readers immediately identify the key players in the case.
Volume, Reporter, and Page Number: After the case name, include the volume number, reporter abbreviation, and starting page number. In the example "Stearns v. Ticketmaster Corp., 655 F.3d 1013 (9th Cir. 2011)," the citation indicates that the decision can be found in volume 655 of the Federal Reporter, Third Series (F.3d), starting on page 1013. This information helps readers locate the specific report of the case.
Court and Year: The citation should also include the abbreviation of the court that issued the decision and the year it was made. In the example, "(9th Cir. 2011)" indicates that the decision was made by the United States Court of Appeals for the Ninth Circuit in the year 2011. This information provides context on the jurisdiction and timing of the case.
Pinpointing Specific Paragraphs or Pages: When referring to specific parts of a judgment, you can pinpoint particular paragraphs or pages. For example, " [42], [45]" after the case name indicates that paragraphs 42 and 45 are being referenced. If citing multiple consecutive paragraphs, use a dash, such as "[1]–[37]." When citing page numbers, be mindful of the formatting. For instance, " [2006] 3 All ER 336" indicates page 336 of the report.
Official Law Reports: In certain jurisdictions, such as England and Wales, there may not be official law reports. In such cases, refer to the most authoritative reports available, such as the Law Reports series published by the Incorporated Council of Law Reporting. Always prioritize citing these reports over other less official sources.
Online Resources and Style Guides: While The Bluebook is the definitive guide for legal citations, online resources can provide additional guidance. Professor Emeritus Peter W. Martin of Cornell Law School offers an online guide to basic legal citation. Additionally, style guides like OSCOLA provide specific instructions for citing EU cases, including references to the European Court Reports (ECR) and Common Market Law Reports (CMLR).
Remember that the above instructions provide a general framework, and specific citation rules may vary depending on the jurisdiction and the specific style guide you are required to follow. Always consult The Bluebook and seek guidance from legal professionals or professors to ensure your citations are accurate and conform to the appropriate standards.
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