Legal Research & Writing How to Brief a Case. Common Elements of Case Briefs 1. Name of case 2....

Legal Research & WritingLegal Research & Writing

How to Brief a CaseHow to Brief a Case

Common Elements of Case Common Elements of Case BriefsBriefs

1.1. Name of caseName of case

2.2. Citations (including date)Citations (including date) – from what – from what specific source is the case taken?specific source is the case taken?

3.3. Procedural history Procedural history – from what legal – from what legal circumstances did the case originate?circumstances did the case originate?

4.4. Statement of factsStatement of facts – what materially – what materially happened?happened?

Common Elements of Case Common Elements of Case BriefsBriefs

5.5. Issue(s)Issue(s) – what specific legal issues does the – what specific legal issues does the case raise?case raise?

6.6. Answer(s) Answer(s) 7.7. ReasoningReasoning - -

What legal reasoning informed the court's What legal reasoning informed the court's decision? decision?

What rules of law, for example, did it apply? What rules of law, for example, did it apply? How did it interpret legal principles, How did it interpret legal principles,

documents? documents? How did it construe the facts?How did it construe the facts?

8.8. HoldingHolding - what decision was made? (i.e., In - what decision was made? (i.e., In support of which side did the court hold?)support of which side did the court hold?)

Case Citation:Case Citation:A State Appellate Court CaseA State Appellate Court Case

Harris v. State,344 Md. 497,687 A.2d 970

(1997)

Harris v. State(Case Name)

344 Md. 497(Volume,Reporter,

Page)Official State

Reports

687 A.2d 970(Volume,Reporter,

Page)West’s NationalReporter System

(1997)(Year Decided)

Case Citation:Case Citation:U.S. Supreme Court CaseU.S. Supreme Court Case

Brown v. Board of Education, 347 U.S. 483, 74 S. Ct. 686, 98 L.Ed.873 (1954)

Brown v. Board of Education(Case Name)

74 S.Ct. 686(Volume, Reporter, Page)Supreme Court Reporter

98 L.Ed. 873(Volume, Reporter, Page)

Lawyer’s Edition

(1954)(Year Decided)

347 U.S. 483(Volume, Reporter, Page)

Official Reporter

Example of a Case BriefExample of a Case Brief

Case NameCase Name: : Minnesota v. Dickerson Minnesota v. Dickerson

CitationCitation: 508 U.S. 366 (1993): 508 U.S. 366 (1993)

Procedural History: Procedural History: Defendant Defendant Dickerson was convicted of the crime of Dickerson was convicted of the crime of possession of a controlled substance. possession of a controlled substance. Upon appeal, the Minnesota Supreme Upon appeal, the Minnesota Supreme Court overturned the conviction. The Court overturned the conviction. The Minnesota Attorney General appealed Minnesota Attorney General appealed the decision to the U.S. Supreme Court, the decision to the U.S. Supreme Court, which affirmed.which affirmed.

Example of a Case BriefExample of a Case Brief(cont’d)(cont’d)

Facts:Facts: During routine patrol, two police officers spotted During routine patrol, two police officers spotted Dickerson leaving an apartment building that one of the officers Dickerson leaving an apartment building that one of the officers knew was a “crack house.” Dickerson began walking toward the knew was a “crack house.” Dickerson began walking toward the police but, upon making eye contact with them, reversed direction police but, upon making eye contact with them, reversed direction and walked into an alley. Because of his evasive actions, the police and walked into an alley. Because of his evasive actions, the police became suspicious and decided to investigate. They pulled into the became suspicious and decided to investigate. They pulled into the alley and ordered Dickerson to stop and submit to a pat-down alley and ordered Dickerson to stop and submit to a pat-down search. The search revealed no weapons, but one officer found a search. The search revealed no weapons, but one officer found a small lump in Dickerson’s pocket, which he examined with his small lump in Dickerson’s pocket, which he examined with his fingers and determined, after the examination, that it felt like a fingers and determined, after the examination, that it felt like a lump of cocaine in cellophane. The officer then reached into lump of cocaine in cellophane. The officer then reached into Dickerson’s pocket and retrieved the lump, which turned out to be a Dickerson’s pocket and retrieved the lump, which turned out to be a small plastic bag of crack cocaine. Dickerson was arrested and small plastic bag of crack cocaine. Dickerson was arrested and

charged with possession of a controlled substancecharged with possession of a controlled substance. .


Issue(s): Issue(s): Was the seizure of the crack Was the seizure of the crack cocaine valid under stop and frisk?cocaine valid under stop and frisk?

Answer: Answer: No. A frisk that goes beyond No. A frisk that goes beyond that allowed in that allowed in Terry v. OhioTerry v. Ohio in stop and in stop and frisk cases is not valid. frisk cases is not valid.


Reasoning:Reasoning: In this case, the search In this case, the search went beyond the pat-down search went beyond the pat-down search allowed by allowed by Terry Terry because the officer because the officer “squeezed, slid, and otherwise “squeezed, slid, and otherwise manipulated the packet’s content” before manipulated the packet’s content” before knowing it was cocaine. The evidence knowing it was cocaine. The evidence obtained is not admissible in court. obtained is not admissible in court.

Holding: Holding: The U.S. Supreme Court The U.S. Supreme Court affirmed the decision of the Minnesota affirmed the decision of the Minnesota Supreme Court that held the seizure to be Supreme Court that held the seizure to be invalid. invalid.

Elements of Good Case BriefsElements of Good Case Briefs

They use complete sentences.They use complete sentences.

They do not overquote from the They do not overquote from the opinion.opinion.

They do not include They do not include unnecessary, distracting unnecessary, distracting citations.citations.

They are brief, ideally one or They are brief, ideally one or two pages in length.two pages in length.

Tips on Briefing CasesTips on Briefing Cases

Before you brief a case, read the entire Before you brief a case, read the entire case all the way through.case all the way through.

During your first reading, skim the During your first reading, skim the headnotes and the case, and focus on the headnotes and the case, and focus on the parties and the relief sought.parties and the relief sought.

Figure out what happened in the lower Figure out what happened in the lower courts and what the reviewing court’s courts and what the reviewing court’s decision is.decision is.

Look for clues in the court’s opinion.Look for clues in the court’s opinion.

Look up any words that you don’t Look up any words that you don’t understand.understand.


CASE BRIEF Case Name: ________________________________________________________________

Case Citation: ________________________________________________________________

Procedural History:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Statement of Facts:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Issues:

1. ___________________________________________________________________________

2. ___________________________________________________________________________

3. ___________________________________________________________________________

Answers:

1. ___________________________________________________________________________

2. ___________________________________________________________________________

3. ___________________________________________________________________________

Reasoning:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Holding: ____________________________________________________________________

CASE BRIEF Case Name: ________________________________________________________________

Case Citation: ________________________________________________________________

Procedural History:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Statement of Facts:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Issues:

1. ___________________________________________________________________________

2. ___________________________________________________________________________

3. ___________________________________________________________________________

Answers:

1. ___________________________________________________________________________

2. ___________________________________________________________________________

3. ___________________________________________________________________________

Reasoning:

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________________________________

Holding: ____________________________________________________________________

Use a Case Brief FormUse a Case Brief Form


Try to summarize cases using the following Try to summarize cases using the following guidelinesguidelines::

PartPart Maximum Number of WordsMaximum Number of Words

1. Case Name and Citation1. Case Name and Citation +/- 25+/- 252. Procedural History of the case2. Procedural History of the case +/- 50+/- 503. Statement of Facts in the case 3. Statement of Facts in the case +/- 125+/- 1254. The Issues presented by the case, 4. The Issues presented by the case, +/- 25 each+/- 25 each each stated as a one-sentence question each stated as a one-sentence question answerable only by yes or noanswerable only by yes or no5. Answers to the Issues5. Answers to the Issues +/- 25 each+/- 25 each6. Summary of the court’s Reasoning on the Issues6. Summary of the court’s Reasoning on the Issues+/- 200 each+/- 200 each7. Holding - The court’s resolution of the case7. Holding - The court’s resolution of the case +/- 25+/- 25

Tips on Briefing CasesTips on Briefing Cases Develop your own Develop your own shorthandshorthand to lessen the burden of to lessen the burden of

writing. Some tried and true shorthand symbols writing. Some tried and true shorthand symbols include the following:include the following:

ππ Plaintiff Plaintiff K ContractContract

ΔΔ Defendant Defendant P P PropertyProperty

TT Torts Torts DR DR Family LawFamily Law

CCCC Commerce Clause Commerce Clause EPEP Equal ProtectionEqual Protection

DP DP Due Process Due Process A1 A1 First AmendmentFirst Amendment

CC ComplaintComplaint x,xcx,xc Cross, cross-complaintCross, cross-complaint

AppApp AppealAppeal AttyAtty AttorneyAttorney

c/ac/a Cause of ActionCause of Action CertCert CertiorariCertiorari

w/w/ WithWith w/ow/o WithoutWithout

re:re: RegardingRegarding v,vs.v,vs. Versus, as opposed toVersus, as opposed to

Tips on Briefing CasesTips on Briefing Cases Shorthand symbols (cont’d):Shorthand symbols (cont’d):

DepDep Deposition, deponentDeposition, deponent

J, J’mentJ, J’ment JudgmentJudgment

JNOVJNOV Judgment notwithstanding the verdictJudgment notwithstanding the verdict

SJSJ Summary judgmentSummary judgment

S/FS/F Statute of fraudsStatute of frauds

S/LS/L Statute of LimitationsStatute of Limitations

SDP SDP Substantive Due ProcessSubstantive Due Process

SCt SCt Supreme Court (of the United States)Supreme Court (of the United States)

DCt (#)DCt (#) District Court (What # Court)District Court (What # Court)

CtApp (#)CtApp (#) Court of Appeals (What # Court)Court of Appeals (What # Court)


Summarize Summarize onlyonly the Issues, the Issues, Answers, and Reasonings that are Answers, and Reasonings that are relevantrelevant to your Research Problem. to your Research Problem.

Types of CasesTypes of Cases


Smith v. JonesSmith v. Jones – Plaintiff v. Defendant.– Plaintiff v. Defendant.

In re SmithIn re Smith – not adversarial in nature – not adversarial in nature (e.g., bankruptcy, probate, etc.).(e.g., bankruptcy, probate, etc.).

State (or United States) v. SmithState (or United States) v. Smith – – criminal proceeding.criminal proceeding.

In re Johnny S.In re Johnny S. – (i.e., no complete name) – (i.e., no complete name) – matters involving minors.– matters involving minors.


Ex rel. SmithEx rel. Smith – a case instituted by the – a case instituted by the government on behalf of a state but government on behalf of a state but instigated by a private party in interest.instigated by a private party in interest.

Ex parte Smith Ex parte Smith – – “one side only”; “one side only”; without contest.without contest.

Complaint of M.V. VulcanComplaint of M.V. Vulcan – maritime – maritime case.case.

United States v. (identification of United States v. (identification of property)property) – forfeiture action seeking title – forfeiture action seeking title to property.to property.

Types of Judicial OpinionsTypes of Judicial Opinions

Types of Judicial OpinionsTypes of Judicial Opinions

Majority opinionsMajority opinions – more than half the – more than half the judges or justices agree.judges or justices agree.

Dissenting opinionsDissenting opinions – opinions of the – opinions of the minority who disagree with the result.minority who disagree with the result.

Concurring opinionsConcurring opinions – opinions that – opinions that agree with the result of the case, but agree with the result of the case, but not with the reasoning.not with the reasoning.

Plurality opinionsPlurality opinions – result reached, but – result reached, but no common legal reasoning.no common legal reasoning.

Treatment of PrecedentsTreatment of Precedents

OverruledOverruled – expressly overrules all or – expressly overrules all or part of the cited case part of the cited case

LimitedLimited – restricts application of cited – restricts application of cited casecase

CriticizedCriticized – disagrees with – disagrees with reasoning/result of cited casereasoning/result of cited case

QuestionedQuestioned – questions the continuing – questions the continuing precedential value of cited caseprecedential value of cited case

DistinguishedDistinguished – differs from cited case, – differs from cited case, usually because of different factsusually because of different facts

Outlining Rules of LawOutlining Rules of Law

A Rule of LawA Rule of Law

A statement that explains the test A statement that explains the test for deciding a particular legal issue.for deciding a particular legal issue.

Common Rule StructuresCommon Rule Structures

1. A conjunctive test;1. A conjunctive test;

2. A disjunctive test;2. A disjunctive test;

3. A factors test;3. A factors test;

4. A balancing test;4. A balancing test;

5. A rule with 5. A rule with exceptions;exceptions;

6. A rule with no 6. A rule with no subparts.subparts.

A Conjunctive TestA Conjunctive Test

A test with mandatory elementsA test with mandatory elements

““To prove a burglary, the state must To prove a burglary, the state must prove all of the following elements:prove all of the following elements: - Breaking- Breaking - Entering- Entering - A dwelling- A dwelling - Of another- Of another - In the nighttime - In the nighttime - With the intent to commit a felony - With the intent to commit a felony

therein.”therein.”

A Disjunctive TestA Disjunctive Test

A test that sets out alternative A test that sets out alternative grounds, either of which would grounds, either of which would establish a particular result.establish a particular result.

““A lawyer shall not collect a A lawyer shall not collect a contingent fee in either of the contingent fee in either of the following kinds of cases:following kinds of cases:

- a criminal matter- a criminal matter

- a divorce”- a divorce”

A Factors TestA Factors Test

A test that sets out a flexible standard A test that sets out a flexible standard guided by identified criteria (factors), no guided by identified criteria (factors), no one of which would be dispositive alone.one of which would be dispositive alone.

““Child custody shall be decided Child custody shall be decided according to the best interests of the according to the best interests of the child, considering the following factors:child, considering the following factors: - the fitness of each parent- the fitness of each parent - the placement of the child’s siblings- the placement of the child’s siblings - the degree of disruption that would result- the degree of disruption that would result - any other relevant factors” - any other relevant factors”

A Balancing TestA Balancing Test

A test that balances countervailing A test that balances countervailing considerations against each other.considerations against each other.

““A party must respond to A party must respond to interrogatories unless the burden of interrogatories unless the burden of responding substantially outweighs responding substantially outweighs the requesting party’s need for the the requesting party’s need for the information.”information.”

A Balancing Test With FactorsA Balancing Test With Factors

““A party must answer interrogatories A party must answer interrogatories unless the burden substantially unless the burden substantially outweighs the need.outweighs the need.- The burden is measured by:The burden is measured by:

time & efforttime & effort costcost privacy concernsprivacy concerns

- The need is measured by:The need is measured by: importanceimportance availability from other sources”availability from other sources”

A Rule With ExceptionsA Rule With Exceptions

““A lawyer shall not prepare any A lawyer shall not prepare any document giving the lawyer a gift document giving the lawyer a gift from a client except in situations from a client except in situations where:where:

- the gift is insubstantial, or- the gift is insubstantial, or

- the client is related to the - the client is related to the lawyer.”lawyer.”

A Rule With No SubpartsA Rule With No Subparts

““To be valid, a will must be signed.”To be valid, a will must be signed.”

Signals of Structural Signals of Structural InformationInformation

AndAnd OrOr EitherEither IncludeInclude Limited toLimited to exceptexcept

UnlessUnless OutweighsOutweighs AllAll OtherOther ShallShall maymay

Hints For Outlining RulesHints For Outlining Rules

Follow traditional Follow traditional principles of principles of outlining;outlining;

Read word-by-word Read word-by-word and phase-by-and phase-by-phrase;phrase;

Notice whether the Notice whether the subparts are subparts are exclusive;exclusive;

Paraphrase except Paraphrase except for the key terms;for the key terms;

Ask what a party Ask what a party would have to prove would have to prove to show that the to show that the rule’s requirements rule’s requirements are met or not met;are met or not met;

Don’t be chained to Don’t be chained to the rule’s articulated the rule’s articulated lettering or lettering or numbering schemenumbering scheme

Convert layered Convert layered negativesnegatives

Types of Judicial DecisionsTypes of Judicial Decisions

Types of Judicial DecisionsTypes of Judicial Decisions

AffirmedAffirmed – affirms the lower court’s – affirms the lower court’s decision of the casedecision of the case

Reversed Reversed – reverses the lower court’s – reverses the lower court’s decision decision

ModifiedModified – modifies or changes the – modifies or changes the lower court’s decisionlower court’s decision

RemandedRemanded – sends the case back to the – sends the case back to the lower court for actionlower court for action

VacatedVacated – vacates or withdraws the – vacates or withdraws the lower court’s decisionlower court’s decision

Legal Research & Writing How to Brief a Case. Common Elements of Case Briefs 1. Name of case 2....

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