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 Professor Byron Warnken and Professor Elizabeth Samuels
University of Baltimore School of Law
 

 The Mini Brief

The mini brief is often referred to as a standard four-point brief.  It is a somewhat condensed version of the maxi brief, without the maxi brief's high degree of compartmentalization.  The mini brief is usually divided into facts, issue, holding, and rationale.  In the mini brief, facts include the parties and a skeletal account of the procedure (the procedural facts).  (Failure to properly comprehend the procedural history and present posture of the case is a common danger for first-year students.)  The holding includes the mandate/disposition.  The parties' legal theories, and mandates/dispositions sought, are absorbed into the rationale.  Dictum is ignored or discussed in the rationale section, which can lead to confusion.  Separate opinions are not usually noted. . . .

 The Pretend Brief

The pretend brief is usually referred to as a squib brief.  It consists of a sentence or two of the facts, and a sentence or two for each holding and its supporting rationale.  The pretend brief constitutes a few notes for recall but is not a substitute for written case analysis. 

 The Felt-tip Brief

The felt-tip brief is usually referred to as a book brief.  It usually consists of felt-tip pen markings underlining or highlighting significant passages in the case, accompanied by notes in the margin.  The felt-tip brief is a pre-briefing organizational too

The Pedigree Prefab Brief

The pedigree prefab brief is the case headnotes.  The West Publishing Company publishes all reported opinions, and located at the beginning of each opinion are the headnotes or scope notes for that case, which consist of a one-paragraph blurb for each point in the case.  The divisions into "points of law" are based upon West's compartmentalization of the law into the thousands of topics and sub-topics that make up the West digest system.  The headnotes have a pedigree because they are compiled by West's staff.  This prefab brief, while a good introduction to the case, is no substitute for written case analysis because it lacks several requisite elements, sufficient emphasis on facts, and independent analysis by the student or lawyer briefer. 

The Illegitimate Prefab Brief

The illegitimate prefab brief is usually referred to as a canned brief, found in books of commercially prepared briefs of cases that appear in law school casebooks.  They are always superficial, frequently incorrect, and no substitute for written case analysis.

 

 

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Vernellia Randall. All Rights Reserved