If your brief style includes the following elements, you should do well: Sometimes a court will see the issue differently than the parties and present a different twist on the issue.
There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers. Elements of a Brief A brief is primarily a self-teaching tool; as such, you should structure them to meet your own needs.
A one-sentence description of the nature of the case, to serve as an introduction. You also must explain which facts the court depended upon and which ones it discounted or ignored.
Make a note of how each justice voted and how they lined up. Most likely, upon entering law school, this will happen with one or more of your instructors. A statement of the relevant law, with quotation marks or underlining to draw attention to the key words or phrases that are in dispute.
Although you might think a pencil might smear more than a pen, with its sharp point a mechanical pencil uses very little excess lead and will not smear as much as you might imagine.
Purposes of a Brief 1. However, the judge does not always state the rule of law clearly. Even with a thorough, well-constructed brief you may want to reference the original case in order to reread dicta that might not have seemed important at the time, to review the complete procedural history or set of facts, or to scour the rationale for a better understanding of the case; annotating makes these tasks easier.
Is it logical, just, fair, or otherwise. You may feel lost, groping for answers to unarticulated questions. Consider when the case was decidedrecently, or many years ago. Name of the case 2. Ask yourself what legal questions are posed by the appealing party.
Remember Note that almost all cases are appellate cases. With a basic understanding of the case, and with annotations in the margin, the second read-through of the case should be much easier. Not all facts were recited. Its purpose is to have students identify the rules of law found in court cases and analyze how courts apply these rules of law to the facts of a case in an objective and rational manner.
On the other hand, a brief that is too short will be equally unhelpful because it lacks sufficient information to refresh your memory. Pencil or pen — which is better to use when annotating. Even though it presents a large part of the picture, it does not display the whole picture. Writing and analysis in the law Rev.
How to brief a case (Part 2) IRAC brief = FIRAC brief. Do an Internet search of “briefing a case” (or similar terms) and you will notice that some of the webpage titles that turn up refer to an IRAC briefing format (such as How to Brief a Case Using the “IRAC” Method).
How to Brief a Case Using the “IRAC” Method When briefing a case, your goal is to reduce the information from the case into a format that will provide you with a helpful reference in class and for review.
Do you have to write a case brief? We break down everything you need to know to write a case brief like a pro, including the structure and details. Concurring and dissenting opinions hold lots of law professor Socratic Method fodder, and you can be ready by including this part in your case brief.
The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.
Let's take a sample case and perform the IRAC case brief method. Imagine there is a case which deals with a battery, which is the unlawful, unwanted touching of.
How to brief a case (Part 2) IRAC brief = FIRAC brief.
Do an Internet search of “briefing a case” (or similar terms) and you will notice that some of the webpage titles that turn up refer to an IRAC briefing format (such as How to Brief a Case Using the “IRAC” Method).Case brief method