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HOW TO BRIEF A CASE I. Distinctions A. B. II. A case brief is a dissection of a judicial opinion -- it contains a written summary of the basic components of that decision. Persuasive briefs trial and appellate are the formal documents a lawyer files with a court in support of his or her client s position. Functions of case briefing Case briefing helps you acquire the skills of case analysis and legal reasoning.

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A case brief is a summary of a reported decision. A well-written case brief will simplify and condense the reported case. The holding is the court's answer to the issue. The rules section of a good case brief includes all of the law cited by the court.

When reading a case you should be noting various pieces of information, in particular: the case name; the citation; the court deciding the case; what was the issue in the case; what decision did the court reach in the case; and how did the court arrive at its decision.

Every brief should include, at a minimum, the facts of the case, the legal issue, the legal principle applied in the case, the holding and reasoning of the majority, and a summary of any concurrences and dissents. Your brief should not exceed 600 words, excluding concurrences and dissents.

What is a case brief? A case brief is an analysis summary of a legal argument. This document, which legal professionals sometimes refer to as a case summary or legal brief, states a party's legal argument in a court case in a comprehensible way. Mostly, this document is for one's own reference.

A comprehensive brief includes the following elements: Title and Citation. Facts of the Case. Issues. Decisions (Holdings) Reasoning (Rationale) Separate Opinions. Analysis.

Conclusion - What was the final outcome? This discusses the result of the application/analysis of the law to the facts used to resolve the issue(s). The conclusion is known as the court's holding or decision.

Facts are the “who, when, what, where, and why” of the case. Describe the history of the dispute, including the events that led to the lawsuit, the legal claims and defenses of each party, and what happened in the trial court.

In law, to distinguish a case means a court decides the holding or legal reasoning of a precedent case will not apply due to materially different facts between the two cases.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232