1. Select a useful case brief format.
There are many different ways to brief a case. You should use the format that is most useful for your class and exam preparations. Regardless of form, every brief should include the following information in steps 2-9.
2. Use the right caption when naming the brief.
A brief should begin with the case name, the court that decided it, the year it was decided, and the page on which it appears in the casebook.
3. Identify the case facts.
Next, state the facts of the case. This section is necessary because legal principles are defined by the situations in which they arise. Include in your brief only those facts that are legally relevant. A fact is legally relevant if it had an impact on the case's outcome. For example, in a personal injury action arising from a car accident, the color of the parties' cars seldom would be relevant to the case's outcome. Similarly, if the plaintiff and defendant presented different versions of the facts, you should describe those differences only if they are relevant to the court's consideration of the case. Because you will not know which facts are legally relevant until you have read and deciphered the entire case, do not try to brief a case while reading it for the first time.
4. Outline the procedural history.
With the statement of facts, you have taken the case to the point at which the plaintiff filed suit. The next section of the brief, the procedural history, begins at that point and ends with the case's appearance in the court that wrote the opinion you are reading. For a trial court opinion, identify the type of legal action the plaintiff brought. For an appellate court opinion, also describe how the trial court and, if applicable, the lower appellate court decided the case and why.
5. State the issues in question.
You are now ready to describe the opinion you are briefing. In this section of the brief, state the factual and legal questions that the court had to decide. To analyze a case properly, you must break it down to its component parts.
6. State the holding in your words.
In this section, separately answer each question in the issues section. For quick reference, first state the answer in a word or two, such as "yes" or "no." Then in a sentence or two, state the legal principle on which the court relied to reach that answer (the "holding").
7. Describe the court's rationale for each holding.
You now should describe the court's rationale for each holding. This section of the case brief may be the most important, because you must understand the court's reasoning to analyze it and to apply it to other fact situations, such as those on the exam. Starting with the first issue, describe each link in the court's chain of reasoning.
8. Explain the final disposition.
Describe the final disposition of the case. Did the court decide in favor of the plaintiff or the defendant? What remedy, if any, did the court grant? If it is an appellate court opinion, did the court affirm the lower court's decision, reverse it in whole or in part, or remand the case for additional proceedings?
9. Include other opinions.
Concurring and dissenting opinions are included in a casebook when they present an interesting alternative analysis of the case. Therefore, you should describe the analysis in your case brief. It will help you see the case in a different light.
FAQs
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- Legal Cheek.
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- Lexis Nexis Blog.
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- Law School Student Employability Blog.
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Which law school has the best faculty? ›
Per Princeton Review, these are the law schools with the best professors:
- University of Virginia School of Law.
- University of Chicago Law School.
- Duke University School of Law.
- Vanderbilt University Law School.
- University of Notre Dame Law School.
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What is the number 1 best law school? ›
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School | Ranking | LSAT Low |
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Yale Law School | #2 | 171 |
Stanford Law School | #2 | 170 |
University of Chicago Law School | #4 | 169 |
23 more rows
Which law school are students happiest at? ›
Here are the schools with the best quality of life, per Princeton Review:
- Samford University Cumberland School of Law (no change)
- Duke University School of Law (no change)
- Stanford University School of Law (no change)
- Boston College Law School (no change)
- Vanderbilt University Law School (ranked #3 last year)
Which law school has the highest salary? ›
1. Columbia Law School
- Median earnings of graduates four years after graduation: $280,926.
- Median Stafford and Grad PLUS loan debt: $198,924.
- Median debt as a percentage of median annual earnings: 71%
What is the most popular degree for law school? ›
Political science is a very popular pre-law major because politics is heavily interrelated with legislation. The study of political behavior, government systems, and how the judicial system works are all very useful in law school.
Do most law firms use Lexis or Westlaw? ›
When asked if their law library could subscribe either to Westlaw or LexisNexis, 70 percent of respondents choose Westlaw. Lomio says the survey results astonished him because he always perceived the two search engines as “interchangeable. I was surprised to find a strong preference for Westlaw.”
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What is the best way to study in law school? ›
20 Tips for Success in Law School
- DO THE READING. Do all of the reading assigned for your courses. ...
- BRIEF THE CASES. Take notes while reading. ...
- REVIEW BEFORE EACH CLASS. ...
- GO TO CLASS. ...
- PAY ATTENTION IN CLASS. ...
- PARTICIPATE IN CLASS. ...
- TAKE CLASS NOTES. ...
- PREPARE AN OUTLINE FOR EACH OF YOUR CLASSES.
Who is the best organizer for law school? ›
How to Find the Perfect Planner for Law School
- For the Classic Law Student. Moleskine Daily Planner – 12 Month – Large. ...
- For the Glam Law Student. Erin Condren LifePlanner Hardbound Vertical Layout. ...
- For the Very Involved Law Student. Day Designer. ...
- For the Meticulous Law Student. May Designs.
Which school is best for law student? ›
Some of the top law schools include the University of Lagos, Obafemi Awolowo University, and the University of Nigeria, Nsukka. Study for Five Years: The law degree (LL.B)
Where is the best place to get a law degree? ›
According to the U.S. News, these are the best law schools in America:
- Yale University.
- Stanford University.
- Harvard University.
- Columbia University.
- University of Chicago.
- New York University.
- University of Pennsylvania.
- University of Virginia.
Which is the best place to learn law? ›
Top 10 Law Schools in the US
- Stanford University.
- New York University.
- Yale University.
- Harvard University.
- University of Chicago.
- Columbia University.
- University of California, Berkeley.
- University of California, Los Angeles.
Where is it best to study law? ›
World University Rankings 2024 by subject: law
Rank | Name Country/Region |
---|
1 | Harvard University United States |
2 | Stanford University United States |
3 | University of Cambridge United Kingdom |
=4 | Columbia University United States |
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