Case Brief Format (1 page in length)
- Name of Case and Citation
- Court which issued opinion
- Facts (2-3 typed sentences)
- Judicial History (Where did this particular case come from? a district court? a tribal court? What was this courts path through the judicial system?)
- Issue(s) What is the question? What principles of law is the court considering (usually 1, but may be 2 or 3)
- 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).
- Reasoning What reasons did the Judge give for the holding to show that it was arrived at thoughtfully or logically?
- 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).
- Concurring Opinion 2-3 sentences. Not always given in Getches. If not given, simply write "not given."
- 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. |