Uncover possible solutions Review course readings, discussions, outside research, your experience. Try to keep your briefs to one page in length. This is probably the most difficult aspect of the case to determine. Does the result violate your sense of justice or fairness?
With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. To the extent that the procedural history either helps you to remember the case or plays an important role in the ultimate outcome, you should include these facts as well.
For instance, if the fact that a car is white is a determining factor in the case, the brief should note that the case involves a white car and not simply a car. When you first start annotating, you may think that some passages are more important than they really are, and therefore you may resist the urge to make a mark in order to preserve your book and prevent false guideposts.
Highlighting takes advantage of colors to provide a uniquely effective method for reviewing and referencing a case.
Law and Reserve Room KF Formulate and include a thesis statement, summarizing the outcome of your analysis in 1—2 sentences. Proposed Solution Provide one specific and realistic solution Explain why this solution was chosen Support this solution with solid evidence Concepts from class text readings, discussions, lectures Outside research.
Read and examine the case thoroughly Take notes, highlight relevant facts, underline key problems. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements.
With a pencil, however, the ability to erase and rewrite removes this problem. Most likely, upon entering law school, this will happen with one or more of your instructors.
A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle. The first section of this guide shows you how to identify the players without a scorecard.
Your pencil or pen will be one of your best friends while reading a case. An annotation in the margin, however, will not only swiftly guide you to a pertinent section, but will also refresh the thoughts that you had while reading that section.
To see an annotated sample of a Case Study Analysis, click here. Board of Education involved the applicability of a provision of the 14th Amendment to the U. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining.
Similar to annotating, the best parts of the case to highlight are those that represent the needed information for your brief such as the facts, the issue, the holding and the rationale. This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves.
How do they impact the organization? Demonstrate that you have researched the problems in this case study. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text.
Depending on the case, the inclusion of additional elements may be useful. Yellow, pink, and orange are usually the brightest. Legal analysis and writing 2nd ed. One subject in which Procedure History is virtually always relevant is Civil Procedure. This may seem simple, but the court may talk about multiple issues, and may discuss multiple arguments from both sides of the case.
There is usually one main issue on which the court rests its decision.
Select the best solution Consider strong supporting evidence, pros, and cons: This should be outlined point by point in numbered sentences or paragraphs.
What does it show about judicial policymaking? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. Reasoning The reasoning, or rationale, is the chain of argument which led the judges in either a majority or a dissenting opinion to rule as they did.
A basic approach for paralegals 7th ed.A student brief is a short summary and analysis of the case prepared for use in classroom discussion. It is a set of notes, presented in a systematic way, in order to sort out the parties, identify the issues, ascertain what was decided, and analyze the reasoning behind decisions made by the courts.
Guidelines for Writing a Case Study Analysis. A case study analysis requires you to investigate a business problem, examine the alternative solutions, and propose the most effective solution using supporting evidence. Learn how to write a case brief for law school with a simple explanation from LexisNexis.
This is a great resource to help rising first year law students or prelaw students prepare for classes. How to Brief Cases To fully understand the law with respect to business, you need to be able to read and understand court An Example of a Brief Sample Court Case As an example of the format used in briefing cases, we present here a briefed version of the sample court case that was presented in Exhibit 1A–3 on page SAMPLE CASE BRIEF Follow this format (except type double spaced).
Your brief should be no more than SIGNIFICANCE OF THE CASE: The case establishes the precedent that the press is to be protected against prior restraint by the government except in exceptional situations.
It was also. Apr 19, · The brief is an attempt to convince the judge that your view of the case is the correct way to resolve the issues. How you format the brief will depend on the particular court hearing your case.
If the brief isn't formatted correctly, the court may refuse to accept it%(32).Download