Elements of a Case Brief

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BEWARE: The case method of instruction often accustoms students to lazy and analytically ineffective reading of judicial opinions. Gross, 25 J. Legal Educ. at. 272.

Elements of the Case Brief

	Heading
	Procedural History
	Key Facts
	Question Presented or Issue(s);
	Courts' Holding or Decision
	Court's Reasoning

Heading

	Case Name
	Citation including court and date
	Casebook page reference

Procedural History

	What the plaintiff sought in the trial court (the Cause of Action and Relief)
	What the trial court did
	Who the appellant is and what the appellant sought in the appellate court
	What the appellate court did

Key Facts

	Significant facts which the opinion accepts as given.
	Do not include facts which the opinion concludes as true after a substantial course of reasoning
	Do not include facts that are not essential to the court making a decision

Question Presented or Issue

Courts' Holding or Decision

Court's Reasoning

	Court's justification for its decision
	Include Facts which court concludes are true.
	Include Law which court concludes applies.

If you are going to skimp on doing case briefs, don't skimp on the reasoning.

If your case brief is more than 1-2 handwritten pages; - - it is probably too detailed.

Case Briefs should be brief!

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