You have probably heard students in law class talk about case briefs. But, notably, most of them hate briefs because they are complicated. But it does not have to be a daunting task. This guide is designed to help simplify the process of writing a case brief for you.
Table of Contents
What Is A Case Brief?
In law, the term ‘brief’ is used to serve different purposes.
In this instance, we are looking at the case brief that paralegal students are required to prepare in law class. In other words, it is a summary of the primary points in court decisions.
In training, students mainly write briefs on appellate court decisions. Taking a closer look at case brief examples, you will realize that they are short, about one page. Knowing how to brief a case is important because you need to apply it in the final exam.
How To Write A Case Brief
Now that you know what a case brief is, it is time to get down to the real thing for your case brief assignment. We are now going to delve deeper into the main components of the template when writing a case brief. Check out this guide on how to prepare a case brief:
- Title of the case and correct citations
The title of your case brief provides the reader with what to anticipate in the write-up. It is your chance to set the legal proceedings wheel in motion. For example, the reader will be able to know the plaintiff, appeal, time, and where to get the detail judgment. - Procedure posture
Procedure posture is a clear demonstration of how the case ended up at the appellate court. Therefore, you need to capture, in a summary form, the actions that were taken by the lower courts. - Statement facts
A good case brief should capture the summary of the pertinent facts as well as legal points that were raised during the case. It should demonstrate the nature of the litigation, who sued who and on what basis. Facts are summarized at the start of a published court’s opinion. But it is also possible to get facts in the concurring or dissenting opinion. - The issue
This is the main case at the court. Here, it is prudent to appreciate that as a legal question, you need to note the main issue and put forward with precision. The impressive thing about court cases is that they mainly commence with words that identify the issues under consideration. A good example is, “the case we are dealing with today is whether ….” The court will move ahead and point the legal issue. The task before the court is determining who will win the case. - The rule
Once the issue in the case is established, your case brief should capture the set of laws that judges used to make their decision. Depending on the complexity of the case under consideration, the judgment might require several rules. Often, judges discuss the rules that capture the main points. You need to highlight these rules as clearly as possible. - Application/ reasoning
When you look at some various briefs, it is possible to find some writers referring to the applications as reasoning/ analysis. In this part, you should elaborate on why the judges took the choices they did. At this point, it is prudent to keep in mind all the facts of the case and the different applicable laws. Notably, the court always indicates what the different parties to the case contend. Therefore, it is prudent to read all the sections of the court’s opinion to show how the law was applied. If there were dissenting opinions, make sure to also scrutinize them. Also, note how the different parties voted in the case. This is important because it indicates what to anticipate in related future cases. - Conclusion
This is the last section of your brief. It should be a relatively short section that indicates whether the appellate court reversed the case or affirmed the decision by the lower court. Here, it is also your opportunity to indicate who won or lost the case.
Sample Case Brief Template
When you are faced with the task of writing a case brief, it can be a challenge even for seasoned students. So, how to do a case brief? The first step is to understand and draft a good case brief format. This will be your blueprint of what to write at different stages. Here is a sample case brief format.
- Title.
- Publisher of the report.
- The court that issued the ruling and year.
- Posture procedure.
- State the facts.
- What are the main issues of appeal?
- Arguments by each side.
- Policy implications.
- Rule of law.
- The rationale used by the judge of appeal.
- Dissenting opinions if any.
How To Write A Case Brief Example
Check out this high quality case brief example so you can get an idea of what a case brief template is, as well as case brief formatting. Looking at a case brief sample can be helpful when doing your law homework, for example, for it helps in forming your own brief and getting an understanding of the intricacies it might involve.
Parties: Calvin Edward Stark, Defendant/Appellant
State of Washington, Prosecution/Respondent
Facts: In March 1988, Stark tested positive for HIV; this was confirmed with several additional tests. Over the period from June 1988 to October 1989, he received counseling about safe sex and informed consent from Clallam County Health Department. In October, the County Health Officer, Dr. Locke learned Stark was having unprotected sex. He issued a cease and desist order which Stark did not comply with. In March 1990, Dr. Locke sought help from the prosecutor’s office in enforcing the cease and desist order. The prosecutor, instead, directed Locke to make a police report. Pursuant to the report, Stark was charged with three counts of second degree assault, each with a different victim.
Procedural History: Stark’s counsel filed a pre-trial motion to suppress Dr. Locke’s testimony and everything learned from the police report. The motion was denied. At the jury trial, Dr. Locke’s deposition was given as evidence. At the bench trial for two of the counts, the judge heard Dr. Locke’s testimony. Both jury and bench trials found Stark guilty. In the jury trial, he was given a sentence longer than the established norms. Stark appealed.
Issues:
- Whether the trial courts erred in admitting the confidential information derived from Locke’s testimony and police report?
- Whether the prosecution had presented sufficient evidence of Stark’s intent to cause bodily harm to his sexual partners?
- Whether the statute defining assault in the second degree is unconstitutionally vague?
- Whether the exceptional sentence on count 1 is unjustified?
Holdings:
- No. Dr. Locke did not violate Stark’s statutory right to confidentiality by divulging information to the prosecutor. Nor was he obliged to file a private civil suit rather than a public criminal suit.
- No. Viewed in the light most favorable to the state, there was sufficient evidence to find intent beyond a reasonable doubt.
- No. The statute is not unconstitutionally vague, because a reasonable person would not have to guess at whether his or her conduct was criminal.
- Yes. The judge erred in applying the future dangerousness standard and the length of the sentence was an abuse of discretion. Reversed and remanded solely as regards the sentence.
- The statute specifically allows for a health officer to seek support from the prosecutor. Since a prosecutor cannot proceed without information regarding the names of the victims, the statute clearly contemplates that at some point the prosecutor may gain access to confidential information. Courts are to construe statutes as a whole, not piecemeal. State v. Parker, 649 P.2d 637 (1982). Further, there is no evidence that the Legislature intended to restrict prosecutorial discretion. Since the law allows for criminal prosecution, the prosecutor must be free to enforce the criminal law. He was under no obligation to pursue the civil remedy once Stark engaged in criminal acts.
- Reviewing for sufficiency of evidence, the standard is that the court must review the evidence in the light most favorable to the State and then ask whether a rational person could find the elements of a crime beyond a reasonable doubt. State v. Rempel, 785 P.2d 1184 (1990). Since Stark has HIV and he had unprotected sex, it is indisputable that he “exposed” his victims. As to whether he intended to inflict bodily harm, he had received counseling and although there is some evidence to support Stark’s contention as regards the first count, when resolving the inferences in favor of the State, a finding of intent is reasonable. On the second and third counts, there was additional evidence in the form of the testimony of a neighbor that Stark said if he had to die, everyone else could too, and that he had engaged and tried to engage in practices Dr. Locke told him he should avoid. This is sufficient.
- Statutes are presumed to be constitutional, therefore Stark must prove beyond a reasonable doubt that the statute is unconstitutionally vague. Because the statute specifically defines the requisite criminal intent, all other terms are less vague because of it. Further, since the statute has nothing to do with First Amendment rights (sex is not speech), Stark cannot challenge the statute on its face, but only as applied to him. Stark’s arguments are implausible; he received counseling and then engaged in proscribed conduct. He did not have to guess at the meaning of the statute.
- To reverse an exceptional sentence, the reviewing court must find that the imposition of the sentence was clearly erroneous. The standard for invoking an exceptional sentence is “substantial and compelling evidence”. State v. Nordby, 723 P.2d 1117 (1986). The State used the “future dangerousness” standard to justice the exceptional sentence, but this only applies in sexual crimes. Despite sex being a factor, Stark was only convicted of regular assault, so “future dangerousness” does not apply. The trial court also abused its discretion, because the Legislature fixed the sentence the same as for any other assault, and since there is no evidence that any of the victims have contracted HIV, the case does not represent a “worst example” of the crime sufficient to justify an exceptional sentence.
Reasoning:
Comment: In contrast to Ashcroft, this court declines to use a “piece meal” approach to statutory construction, and instead relies on common sense interpretations and legislative intent. The difference is not merely a difference of opinion, but one of the weight of interests involved. Free speech claims require strict scrutiny. This case does not purport to affect and First Amendment rights, so the State’s interest in protecting uninfected persons from contracting HIV—in a case where there was actual rather than hypothetical harm, outweighs the need for strict interpretation.
Special Tips For Writing A Case Brief
Often, how to write a legal case brief is considered complex by students because cases are different and one might require reading different pieces of legislation. To make the process of writing legal briefs simpler, here are some additional tips to consider:
- Read other case brief examples to see how pros did their writing. You can also check how different case brief formats are applied.
- Take time practicing writing case briefs. As a law student, the practice should start early. Therefore, take interest and start learning how to brief a case for dummies as early as possible.
- When you are given an assignment on case brief, you should not wait until the last minute to start working on it. Rather, you should start as early as possible to ensure you have ample time to read the judgment and related legislation.
- Make sure to get all the facts about the case. The facts are crucial because they are the most basic info that you need for the brief.
- Do not ignore anything. This means that you should capture all the details of the case so that readers can understand the procedures, date, verdict, and everything about the case.
- Make sure to be as precise as possible. As the name suggests, briefs are short. Therefore, try to be as concise as possible.
- Proofread your work well. Even if you write a very good case brief but it is laden with mistakes, your trainer will not reward top marks. Therefore, it is prudent to carefully proofread your case before submitting for marking. You could even ask an unbiased friend to help proofread the case brief.
Case Brief Writing Frequently Asked Questions
Hopefully you now know how to write a case brief, but here are still some questions you might have that can serve as a summary as well.
- What is the format for a case brief?
- Title of the case and correct citations.
- Procedure posture.
- Statement facts.
- The issue.
- The rule.
- Application/ reasoning.
- Conclusion.
- How do you write facts in a case?
Most legal opinions always highlight the facts in different cases. But you should avoid the temptation of copying word-to-word of the facts captured in the case. Instead, paraphrase them when writing your brief. - What is the first step in preparing a case brief?
When you have a task of preparing a case brief, the first step is reading the case excerpt. As you read, make sure to highlight, underline, and annotate, the information that will go into the case brief. - What is a written brief?
A case brief, also referred to as a legal brief, is a summary of legal opinion. It is prepared by paralegal students for educational purposes and not submitted to a court of law.
When to Seek Writing Assistance Writing Case Brief
As we mentioned at the beginning of this post, most students find it extra difficult mastering how to write a case brief. Even with a comprehensive guide, some students who have written briefs before still feel inadequate. Once you’re thinking “I need a person to help me with my homework,” the best option is seeking writing assistance from experts. But the complexity of the case under consideration is not the only thing that can make writing a case brief stressful.
- A case brief assignment with a very tight deadline.
- Other engagements that leave you with no time to handle the case brief.
- Poor writing skills. If your writing skills are poor, your case brief is likely to get you below average grade.
- Any form of stress that makes it difficult for you to concentrate.
If you find yourself in any of the situations above, do not get stressed about how to do a case brief. Instead, seek help immediately. Case brief writing assistance is offered by professionals with a lot of experience. With experts, you can never go wrong!