Scribd Logo
Upload

Welcome to Scribd!

  • 2K views

    Briefing Cases - FIRAC-2

    Uploaded by

    Belle Chin
    This document outlines the key elements to include when briefing a legal case: the case name and details, facts of the case, the main issue being decided, the rules and laws applied by the court, how the court applied those rules to the specific facts, the court's conclusion and holding, and any concurring or dissenting opinions. These elements provide the essential information to understand the context and outcome of the case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd

    Briefing Cases - FIRAC-2

    Uploaded by

    Belle Chin
    2K views2 pages
    This document outlines the key elements to include when briefing a legal case: the case name and details, facts of the case, the main issue being decided, the rules and laws applied by the court, how the court applied those rules to the specific facts, the court's conclusion and holding, and any concurring or dissenting opinions. These elements provide the essential information to understand the context and outcome of the case.

    Original Description:

    case brief format

    Copyright

    © © All Rights Reserved

    Available Formats

    DOCX, PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    This document outlines the key elements to include when briefing a legal case: the case name and details, facts of the case, the main issue being decided, the rules and laws applied by the court, how the court applied those rules to the specific facts, the court's conclusion and holding, and any concurring or dissenting opinions. These elements provide the essential information to understand the context and outcome of the case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    2K views2 pages

    Briefing Cases - FIRAC-2

    Uploaded by

    Belle Chin
    This document outlines the key elements to include when briefing a legal case: the case name and details, facts of the case, the main issue being decided, the rules and laws applied by the court, how the court applied those rules to the specific facts, the court's conclusion and holding, and any concurring or dissenting opinions. These elements provide the essential information to understand the context and outcome of the case.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 2

    When Reading and Briefing (Reporting) a Case, Identify the Following:

    Case Name; Court; Year Decided

    FACTS: Identify the key facts, those the court considered important in deciding the
    case, necessary to understand the context and the ruling of the case. Include
    who is suing (i.e., the plaintiff, if its a civil case) or prosecuting (if its a
    criminal case), who is being sued or prosecuted (the defendant), the legal
    basis for the suit, and, if the case says, what remedy the plaintiff is seeking.

    ISSUE: This is the key (dispositive) question(s) the court is trying to decide (i.e., its
    the point of the case). Seek to frame the issue so precisely that it is a yes or
    no question, the answer to which determines who wins the case. (This may
    be the hardest and most important part of the case brief.)

    RULES: Once the issue has been identified, you should state the rules the court
    applies. Rules are the legal authority used by the court in arriving at its
    decision. This is tricky, but only the laws that the court must follow in
    deciding the case are rules. So, in deciding a constitutional case (in other
    words, the court is deciding a constitutional question), the Constitution itself
    and case law precedent are the only sources of rules. In a statutory, treaty,
    or regulatory case, statutes, treaties, or regulations would also be rules.
    Usually, the court relies on more than one rule, or a test that has more than
    one part. Be complete. Whenever you can, cite the source of the rule, dont
    just state what the rule is -- this will give your statement of the rule more
    authority.

    APPLICATION/ANALYSIS: Explain how the court applies the rules (law) that governs
    the issue to the
    specific facts of the case in deciding the issue. This is the why of the
    ruling and is often essential to understanding the case and to what extent the
    ruling may apply to future similar (but not identical) cases. This is not your
    interpretation; it is the courts. This is the meat of your answer, the place
    where you connect the dots and lay the foundation for your conclusion.
    Unfortunately, students often give this short shrift or even ignore it. Without
    thorough application, your conclusion, even if correct, carries less weight
    than it would otherwise. This is true in life itself: the best conclusions are
    those that are well-explained and supported with authority (rules) and facts.

    CONCLUSION/HOLDING AND JUDGMENT: Specifically state how the court resolved


    the issue in the case. The holding is the answer to the question raised in the
    issue and the rule of law which emerges from the case. The judgment is the
    decision of the court (whose opinion youre reading) as to which party wins;
    this judgment will either affirm what the lower court did or reverse it. (For
    example, Ruling of the court of appeals in favor of the plaintiff was reversed
    and judgment entered for the defendant.)

    CONCURRING OPINION(S): In some cases, judges write a separate concurring


    opinion that agrees with the result of the majority opinion, but disagrees with
    the majoritys reasoning. These may become influential in deciding future
    cases. Explain how the concurring opinion differs from the majority. The
    application/analysis and conclusion will be different; are the cited rules
    different, too?
    DISSENTING OPINION(S): In some cases, judges write a separate dissenting opinion
    that disagrees with the result of the majority opinion (and likely disagrees
    with the majoritys reasoning). Like concurrences, these may become
    influential in deciding future cases (and indeed may be become the majority
    opinion in the future). Explain how the dissenting opinion differs from the
    majority. The application/analysis and conclusion will be different; are the
    cited rules different, too?

    You might also like