|
To "brief" or outline a court case is a useful tool of analysis.
While there exists no set formula or "right way" to write a brief,
it usually follows the steps in the acronym IRAC: Issue, Rule,
Application, Conclusion. In making your brief, you should include
the following:
- Title and Citation:
Case titles generally take on the names of the parties involved
in the case. For example, in the case Smith v. Jones,
Smith is the party asking the Court to reverse a lower court's
holding; Jones wants the Court to affirm that holding.
A citation acts as the "address" to find a case. Since 1874, a
standard format has been followed and all cases are contained in
the United States Reports (abbreviated U.S. in case
citations). For example, if a case citation is 520 U.S. 1. This
means that this case is found on page 1 of the 520th volume of the
United States Reports.
Either the names or the citation will allow one to locate a case in
Lexis-Nexis, but to be complete you should inlclude both.
- Facts of the Case:
In brief, note the facts of the case that a) describe the issue
at hand and b) have brought the case to this point. Basically you
should answer the questions of who did what to whom and why. It is
also important to note the holdings of the lower court(s) (i.e.,
the legal history of the case) so that you understand the what the
Supreme Court "reverses" or "affirms."
- The Vote:
What is the vote in this case? How many justices are in the
majority? Who is the author of the majority opinion? What justices
join that opinion? Who offers concurring or dissenting
opinions?
- The Law and/or Constitutional Provisions at
Issue:
Since Supreme Court decisions involve the interpretation of the
Constitution, laws, and/or court precedents, it is important to
note just what the Court is being called upon to interpret.
- The Legal Questions:
In this section of the brief, identify the specific question or
questions before the Court. What are the issues that the Court is
being asked to address? Often, these can be posed by framing the
questions in a yes-no format.
- The Opinion of the Court:
In this section, present the decision of the Court and its
justifications for that ruling. It is important to note the
reasoning that the Court uses to arrive at its decision. How and
why does the Court answer each of the questions identified
previously?
- Concurring/Dissenting Opinions:
When a member of the Court agrees with the outcome of a case,
but either disagrees with the Court's reasoning or wishes to
present a different point of view, he or she will offer a
concurring opinion.
A dissenting opinion is authored by a justice (or justices) when he
or she believes that the decision of the Court is wrong. The basis
of the dissent may derive from a different reasoning in the case,
or from a different understanding of the facts of the case or the
relevant precedents.
- Evaluation of the Case:
What is important about this decision? Is the argument sound?
How does it fit with previous decisions of the Court? What are the
possible implications for this decision? If the case is narrowly
decided, what are the differences noted by the dissenters and what
bearing might they have on future cases?
The point of the exercise is to extract the most important
elements of the case. It is a brief, not a research
paper.
|