What is case brief
Summary of important information in a particular court decision - Appelate court decision a page or less
Why? To understand principle of law was applied in an actual (what case is all about)
Facts
Brief summary of the important facts
Eliminate facts that are not relevant to the courts decision
Facts were established at trial court
Appelate court only deals with questions of law
-Establish who is defendant and plaintiff
-cause of action ex: rejection of Hamers claim
-remedy- fulfill the contract of 5000 dollars
Procedural posture- how did this case go from trial to the court writing in opinion like appellate.
What court is issuing it?
Which party is seeking relief? Ex: Plaintiff seeking relief
What motion is at issue
Wha was the the disposition of the lower courts? Trial court ruled for the plaintiff.
What happened? Story telling and dispositive facts.
Unle promised nephew that if the nephew refrains from drinking smoking till 21 and gambling then uncle will give 5 grand
- nephew agreed and refrained
Nephew wrote the uncle to claim the money but uncle replied that he wanted to wait till newphew was mature enough to handle the money
- nephew agreed to new terms
- the uncle passed away before the nephew received the money
-the executor of the uncle states denied and refused to pay the nephew when the nephew went to claim the money. ( it was actually hamer who received the claim . Hamer had received the interest in the claim through several mesne assignments.
Procedural history
What court issued the opinion
How did the case get there
Usually not important part of brief unless the case turns on procedural
Issue
- question presented to the court
-legal issue the parties are fighting over
(Usually one issue. Could be more. Whether… the answer determines the winner and loser - holding of the court - yes or no answer 1-2 sentence
What is the question the court is deciding?
Often multiple issues within the same case
Single sentence
Include dispositive facts and keyword
Can discuss importance.
1-does determinative fact satisfy the rule/element
2- is the rule satisfied where determinative fact.
Look is there is a contract?
Rule
Rule of law the court used to decide the case
Maybe more than one rule involved
Court will the discuss the rules
-black letter law
-a reformation of the issue
-legal test the court states or uses
-always look to include any exceptions to the rule
Basic rule(black letter law)
Contour of the rule (actual value)
Could add other laws or add them in applications if you want to.
What rule does the court apply to decide the case: (avoid dicta (whatever court writes thats not necessary) don’t quote everything”
only use the one they apply.
What rationale does the court provide to support the rule it applies? (May include legal or policy arguments)
Brief Analysis
-Why did the court rule the way they did?
-What were the plaintiffs best arguments?
-what were the defendants best arguments?
- how did the court respond to those respective arguments (included rules and laws to explain their decision)
-should be the bulk of your brief
Conclusion
-This is the holding
-reformulation of the issue with more specifics
- who wins (don’t say affirmed/reversed) or yes or no.
Single sentience per issue
Sometimes include your own opinion
Answer to the issues (like if there was a contract) and was the issue solved. Was new trial issued.
