Case Law Briefs - How to Brief a Case!

Learning how to brief a case is a lot like learning how to ride a bike. At first it may be difficult and you might get a few scrapes along the way, but eventually it will become easier. I have only been briefing constitutional cases for about 6 weeks and I have noticed that I have become a lot better at it and it has become much easier.

If you are reading this blog you are probably already in a Constitutional Law class. It is probably safe to assume that your professor has shown you how to brief a case. It is also possible that you are getting a head start on the semester too, so I'll briefly show you how I have been taught to brief a case. Make sure that you amend this process as necessary to meet the requirements of your individual instructor.

Integral parts of a case brief and a description of each component

THE CITATION: This is usually at the top of the brief and centered. It consists of the name of the case, the reference to where it can be found in the record, and the date. Ex. Marbury v. Madison, 1 Cranch 137 (1803). Note that the names of the parties in the case are always underlined.

THE FACTS: These are the important facts and the background of the case. Keep in mind that these are called "briefs" for a reason. It is your job to discern what is material and include it here. You should not list all of the facts; only list the key facts that explain the case. Be sure to include what the lower courts decided in the case.

THE ISSUE: Each case is being studied because it represents a specific constitutional law issue. It is your job to come up with a brief statement or question that sums up the important legal question.

THE REASONING: One of the justices wrote the majority opinion. In this section you will pluck out the key points that take the judges from the facts to the decision. Many court cases will have lengthy decisions. This is the place where you pull out the key parts so that a simple coherent argument remains.

THE DECISION: What did the court do in this case? A simple statement will usually suffice. Examples include "Affirmed" or "Reversed".

THE RULE: Earlier in the brief you probably listed the question the court was resolving. Your statement of the "rule" should be the answer to this question. If the rule does not resolve the issue, then you either have the issue, the rule, or both incorrect.

THE DISSENTING AND/OR CONCURRING OPINIONS: Unless this case had a 9-0 decision, there are most likely other opinions. In this section you will provide the reasoning for other viewpoints.

YOUR NOTES/COMMENTS: In this section you will post your reflections on this case or list interesting or important information not included elsewhere in your brief.