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Course Information How to Briefa Case How to Write a Memo Resources E-reserves Important Notices

 

How to Brief a Case

This information is to be used in conjunction with course lectures and the government memo handouts that were distributed in class.
Case Brief Format (1 page in length)
  1. Name of Case and Citation
  2. Court which issued opinion
  3. Facts (2-3 typed sentences)
  4. Judicial History (Where did this particular case come from? a district court? a tribal court? What was this courts path through the judicial system?)
  5. Issue(s) What is the question?  What principles of law is the court considering (usually 1, but may be 2 or 3)
  6. Holding(s) What is the answer to the question or issue?  This is a simple "yes" or "no" which can be found in the body of the case (majority opinion).
  7. Reasoning What reasons did the Judge give for the holding to show that it was arrived at thoughtfully or logically?
  8. Decision Which party prevailed.  If in trial court, did the judge grant judgment for the Plaintiff of the Defendant.  In in a higher court, the decision will affirm (agree with), reverse (disagree with), vacate (annul), or remand (return to lower court).
  9. Concurring Opinion 2-3 sentences.  Not always given in Getches.  If not given, simply write "not given."
  10. Dissenting Opinion 2-3 sentences.  Not always given in Getches.  If not given, simply write "not given."

The meat of the Brief is in items 6 through 8.  The brief should be no more than ONE page.

Eileen Luna-Firebaugh, Professor Harvill - Room 320B
Phone - 621-2262
eluna@u.arizona.edu 
Office Hours: Tuesday/Thursday 12:30 - 1:30 PM (or by appointment)

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Site last updated: January 2007