When briefing a case the holding is usually

Briefing a Case

Cases are written by lawyers for lawyers. Sometimes the cases are an interesting read, sometimes not.

Like a novel

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Cases contain the rule of law and also illustrate how the rule applies to different sets of facts.

Case briefing helps you acquire the skills of case analysis and legal reasoning. In other words, briefing a case helps you understand the case.

The Brief should break the case down to its elements and allow you to understand the principal legal issues immediately.

Attorneys need to know right away if a case is on point or not.

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A brief should be a one-page summary of the case.

Elements of a Brief - Procedural History - Facts - Legal Issue - Holding - Reasoning - Concurrence - Dissents

The Case citations indicate where a case may be found. State v Metzger 319 N.W. 2nd 459 (Neb. 1982)

Procedural History How did the case get to this particular point? You’ll be reading appeals.

The case was already decided in a lower court and is now being appealed. Only matters of law will be appealed.

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Determine 2 things 1. Who is appealing on what issue? 2. What happened in the lower court?

Legal Issue Many cases will state the obvious up front. Others won’t.

The legal issue may not always be what it you may think it is. Therefore, read the case very carefully.

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Facts Sometimes the opinions omit the facts because the question before the court doesn’t require it.

You don’t have to state a lot of facts in your brief.

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Holding The holding is the court’s decision on the issue.

WHAT the court decided, not WHY the court decided.

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Reasoning The reasoning is how and why the court fits the circumstances of this case into the rule.

Concurrence A concurrence is a separate opinion in which one of the judges agrees with the result but has different reasoning.

Dissents Judges that don’t agree with the holding may write a dissent.

A judge who is not in the majority may author a dissent. Why?

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State v Metzger 319 N.W. 2nd 459 (Neb. 1982)

Reporter (N.W.) Volume (319) Page (459) State (Nebraska) Year decided (1982)

To find this case, enter this case name with this citation in Westlaw.

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When briefing a case, read through the opinion first, identifying important facts.

Write out the Heading: 1. Case Name 2. Court Name 3. Date of the Decision

Facts Next, summarize the facts. Identify the relationship/status of the parties (not just plaintiff/defendant)

As simple as possible

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Provide the Procedural History

Where the case was prior

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Issue Next, determine the point of law in dispute. You should write out the issue on your brief in question form.

Did John Jones commit treason by helping the enemy build that nuclear bomb?

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Court Decision (or judgment) Affirmed/Reversed/Reversed and Remanded.

Usually found at the end of the opinion

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Holding The Courts answer to the issue

That’s why the issue is generally written in question format.

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Rule of Law The is the rule of law that the court applies to determine the substantive rights of the parties.

The rule of law could be based on - statute - regulation - common law (prior holdings)

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Reasoning The court’s analysis of the issues and the heart of the case brief. It’s the way in which the court applied the rules or legal principles to the particular facts in the case to reach its decision.

Concurring/Dissenting Opinions

Some briefs include a brief synopsis of the concurring and dissenting opinions.

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For your first case, provide - title/citation - facts - issue - court decision - holding - rule of law

Good luck!

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