Outstanding Case Brief Template for Your Academic Use
Table of Contents
Case Brief: Definition and Explanation
A case brief can be defined as a summarized legal opinion, but in most cases, this explanation seems to be insufficient or even confusing. What do you think about when you hear a term ‘brief’? If you are a law student, you will definitely fancy a written argument known as ‘brief’ and submitted to court.
Still, a case brief is different from that as it is an effective study tool that the law students may need to get ready for the finals and classes where they want to shine. There is also a concept of case brief template that is considered to be of great use for the students. Are there any synonyms to the term ‘case brief’? Sure, sometimes it is possible to hear about ‘case summaries’ or ‘legal briefs’, and if it is easier for you to use those terms, it is also right.
Case Brief: Get Ready for Writing
Your task of writing a case brief at first seemed to be a pleasant challenge and a test of your abilities to write. Still, you have started and now you realize that this challenge does not bear any traces of pleasure at all. Moreover, you are getting more and more tired and bored and it seems that the task is still far from completion. You would like to take any drastic measure to get rid of your case brief assignment and feel free again.
Nevertheless, the deadline is tomorrow and you just have no other option than to keep working. Or do you? In any case, make sure you have read and understood an excerpt from your casebook? What have you got to know? You find out what an opinion is while you are “pretreating” or annotating, emphasizing the key ideas, underlining the concepts needed, and using all the margins for taking down the details you will later use in your writing. Your casebook margins should be full of details given in the court, for instance. Thus, you can collect the facts and make your case brief well grounded.
Find more useful information in article "What Is a Case Study"
Case Brief Template: 6 Issues to Keep in Mind
There is no universal formatting standard for a case brief. It is you who decides on the suitability of a particular format and that gives you the freedom you will enjoy. In some cases, it is the professor who dictates the conditions and requests for reciting the procedural history, for instance. It means that your template should cover this particular section, for sure, in accordance with the provided instructions.
A case brief template with the main terms is great, but it requires content that you have to add to it.
What will you add? What are the minimum requirements for a case brief?
- case facts
- legal issues
- majority – reasoning and holding
- case legal principles
- summarized dissents and concurrences
Have a look at the description of all sections below.
In numerous legal opinions, case facts are outlined clearly. Thus, working on a case brief, you will probably want to copy paste the facts into your paper; however, we would like to warn you against this. The wording of the court should be given in plain language; otherwise, it will be considered plagiarism. Your aim is to help the audience get an insight into the case, using clear language without too many complications.
Your case brief is expected to have a section of facts with the obligatory elements presented below:
- cause of action, for instance a contract breach
- specification of defendants and plaintiffs in a particular case
- case operative facts which were the causes of disputes
- holding of the jury / trial court
- holding of an appellate court
When you ask our service, ‘Brief my case!’ you want us to specify the defendants and plaintiffs by the names, as mere reference without specifying the parties makes no sense. In some cases, there is a typical reference of the court to parties as respondent and petitioner or appellee and appellant. You have to get a clear identification of those parties and remember that the lawsuit is always initiated by a plaintiff.
Do not forget that a good case brief template starts with background explanations and a list of operative facts for the dispute. The next part should present the parties, specifying the party names of the defendant and plaintiff with further explanations of the cause of action. This template is typically concluded with the section of procedural history, if needed.
A brief case always has a section of facts with the description of the cause of action along with the facts that built up the circumstances to provoke the cause of action, and case procedural history. It is logical to add the section of issues after that.
Use the casebook to focus on the needed legal issue. For instance, finding the case in one of the chapters of contracts casebook devoted to promissory estoppel, you make sure that there is direct relation of the issue to the same. Furthermore, it is important to make sure that there is no fact specific character of the issue, meaning that there should not be any case factual details in the issue section.
Note that the issue cannot be a procedural question, only a legal one. Therefore, it is incorrect to present the section of issues in the following manner: “Whether there is an error of the trial court in providing the plaintiff with a summary judgment.” It is clear that there is no substantive ground for the foregoing issue. Besides, there is no bearing on the issue legal question under those conditions.
Lastly, it is appropriate to present the section of issues in the form of a question that requires a general answer: yes or no. An issue which hints at getting ambiguous answers should not be chosen.
Rule of Law
What is a case brief? How is the rule of law presented in it? It is a legal principle used by the court for making a decision in a particular case. There can be plenty of legal principles or rules of law for one legal opinion as they produce their influence on the final decision of the court. However, if you do case briefing, you have to specify the rule of law in case discussions presented in the casebook as it is important to have a single clear sentence formulated as a rule.
Tip from a professional writer: It is recommended to view the headings of the chapter and the section where the case is presented in the casebook as it is a clear hint at the related topic to the chosen rule of law. In case there are more than one rules of law, it will be clear that the one found is the most important. Let us view the case available in the section entitled “Promissory Estoppel”. It means that the topic promissory estoppel in the contract casebook will be directly related to the presented rule of law.
If you have ever reviewed some guidelines on how to brief a case for dummies, you have noted that it is wrong to make the rule of law specific to facts. Instead, it is right to make sure that the case asks a dispositive legal question, and it is addressed. In other words, the case should contain a legal issue as a rule of law presented as a statement. For instance, the case contains the following issue: “Is it allowed for a party with continuous waives of contact provisions to seek for the same provision enforcement later on?” If you need to formulate this rule of law, the easiest way to do that is to paraphrase the question and present it as a statement. It will sound like this: “A party with continuous waives of contract provisions is not allowed to seek for this provision enforcement later on.”
Reasoning and Holding
Having differentiated between the salient legal issues and the facts, you can either decide on work on the paper yourself or send a message to us with a humble request that we will definitely accept, ‘Write my case brief and show me how to do everything right!’. Now it is time to give explanations of the court decisions. Start the section of reasoning and holding with the answer ‘yes’ or ‘no’ to the question from the previous section of issues.
The structure of this section is presented in a manner which corresponds to the principles of CREAC method. This abbreviation can be read as C for Conclusion, R for Rule, E for Explanation, A for Application, and C for Conclusion. It may happen that there is a somewhat different abbreviation of the same, for instance IRAC with I for Issue, R for Rule, A for Application, and C for Conclusion. There will be a powerful reinforcement of the case if the conclusion is repeated at the start and at the end. Besides, if CREAC contains an explicit section of explanations, that is a guarantee that the statement and interpretation of the case rule is done properly.
It is essential to articulate tests, legal frameworks, and principles to apply them to the case facts. Do not forget to give explanations of the rationale in the case behind legal principles. If you are not sure that you will do everything right, make the “do my case brief for me” request and we will help. We will assist you to avoid one of the typical errors that the students make in this section, i.e. to forget about the rule explanation as CREAC has the shortening E for explanation. The final section of the paper should contain the case procedural disposition and conclusion.
This section of a case brief includes the following details, if they can be found in the casebook:
- answer to the question from the section of legal issues: “yes” or “no”
- legal rules and principles applicable for the case
- standards of applying the principles to the case facts
- conclusion of the court
- procedural disposition
- names of statutes and seminal cases
Section of Dissents and Concurrences
The case brief should mention all the dissents and concurrences of they are presented in the casebook. The summary of this will be rather short and there will be not much written in the casebook. The question should be addressed clearly and the answer should be specific. It may happen that the justice does partial dissents and concurrences. It should be mentioned in the case brief.
Length of a Case Brief
The name of the ‘brief’ speaks for itself – it should not be long. There should be a lot of limitations and restrictions not to make it excessively broad. It is a must to include the case operative facts and exclude all others. In the section of holding and reasoning, the emphasis is laid on CREAC with no mentioning of the opinions non-related to the casebook. We recommend an average length of a case brief of maximum 600 words, with the added word count for the dissents and concurrences.
Effective Writing of Case Briefs
Summarizing legal opinions means writing case briefs. It will be an effective preparatory test for you before in-class activities. Read the excerpt from your casebook and pretreat it specifying the sections required for your further task of case brief writing. After annotating and making notes, start briefing the case.
There is no universal approach to a proper format of a case brief, but certain components are obligatory: case facts, legal issue, holding and reasoning, legal case principles, and concurrences and dissents summarized.