Studying at law school is difficult. Tasks like writing a case brief are also difficult and you deserve congratulations if you are a law student. The profession you have chosen is among the most responsible and complicated there is. Other people's futures depend on you much as they depend on doctors. However, there is nothing easy about studying law; it is important for you to be prepared for the real world and real-world cases.
Reading or reviewing case papers is not sufficient; the expectation is that you write various documents as required by your area of specialization. Tasks such as writing a case brief are among those that are likely to be required of you throughout your studies. In the real world, a case brief is used to prepare for a reading or for filing appeals. Hence, this document is very important in legal circles.
Once you become accustomed to writing a case brief, the task will become easier. So prepare yourself for writing and carefully read the tips we have set out below. Following our short training session, you will be able to write a case brief just as a professional would.
What Are Case Briefs? If you have ever got help writing a case brief example, you will know that these papers focus on how a case can be presented. They follow a set structure and are created to determine solid facts, set out the parties' facts, outline legal implications/issues, and get ready for a hearing. They should also discuss a case's judgment.
Where to Start a Case Brief?
Before reading an actual case, get to know the legal issues that affect it. This is something you will need an answer to, so it is vital not to overlook any information that interests you. Furthermore, unrelated information should be ignored to avoid time-wasting.
If a case is large, begin reading its summary, and any applicable resources will need to be reviewed. When reading, pay careful attention to those parts that interest you most, it is worth devoting extra time to these and make notes of important ideas/information.
Writing Case Briefs
So all materials are now reviewed, notes made, and you have read the case in its entirety. You are ready to write a summary of the case. This will assist in creating sections of the case brief you are working on and to understand the case judgment clearly. In the course of writing the summary, there are questions you need to ask and answer - the beginnings of developing a case brief.
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Correct Structure of a Case Brief
Your summary is in place. The case has been reviewed and now it is time to structure the paper. There are eight main components to include in a case brief:
- Title of case and citations: A title provides readers with the names of the parties in the case; often it sets legal proceedings in motion (for example, an appeal, plaintiff, and so on). Citations help readers to find full details of a judgment.
- Relevant and significant facts: Summarizing facts is considered difficult - possibly the most challenging aspect - of this type of paper. Any facts to be excluded from a brief need to be precisely determined. All unnecessary additional information such as names, certain times and dates, models of cars, and so on should be excluded. You also need to determine that facts are relevant and remove unnecessary ones.
- Identifying Issues: Issues that need to be set aside for further attention and discussion should be identified. Answers to these questions should not exceed a sentence.
- List any contentions: Every contention put forward by the participating parties should be listed as a way of proving the legal case. Collect together corresponding contentions put forward by the opposite party.
- Decisions/holdings: You should write these down in order of issues and principles, each in its own paragraph. Remember to include court explanations and details about the case facts and the application of legal principles. The case outcome appears in the final sentence.
- Concurring or dissenting opinion: Where the majority of opinion differs from the judge's opinion, the case brief should also record this. Information of this nature needs to be accurate and crisp.
- Points of law: All the legal points and principles brought forward in this case judgment should be listed. These points and principles should be framed as statements of declaration - rather than fact-specific.
- The concluding part: The case's significance, how it relates to cases like it, and new points that have arisen from it should be analyzed. Discuss how the case reflects current law, and any issues or approaches that emerged. Has the decision of the court been appropriate and does it confirm or change current law? How consistent and logical has the case been? Was anything new omitted or included?
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These tips have been provided by our legal brief writing services and it is our hope you find them useful and we also hope you will now find case briefs easier to write. If you are studying law, it is important you realize the responsibility you will take on, so make sure you acquire the necessary skills to become a successful attorney during your studies.
In the event you have a legal brief template or any tips you want to share, feel free to get in touch with Best-Writing-Service.com and perhaps we will use your insightful and creative ideas as the topic of another legal article.