How to read a court decision The parts of a court decision In general, a court opinion in a reporter will contain the following parts, but take note that not all reporters include every section listed here. The most important thing to remember is that the opinion written by the court - the part which actually constitutes the law- does not begin until the section marked "Opinion.
How to writing a court case summary a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves.
Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again.
Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed.
You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements. What are the elements of a brief? Different people will tell you to include different things in your brief.
Most likely, upon entering law school, this will happen with one or more of your instructors.
While opinions may vary, four elements that are essential to any useful brief are the following: Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above.
Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use.
To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements.
At a minimum, however, make sure you include the four elements listed above. Elements that you may want to consider including in addition to the four basic elements are: In the personal experience of one of the authors, this element was used to label cases as specific kinds e.
This element allowed him to release his thoughts without losing them so that he could move on to other cases. In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements: One subject in which Procedure History is virtually always relevant is Civil Procedure.
When describing the Judgment of the case, distinguish it from the Holding. Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law.
It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece. The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form.The is a summary I wrote on the Flores-Figueroa v.
United States Supreme Court case. Mar 27, · How to Write a Legal Brief. A brief is a written argument that a lawyer (or party to a case) submits to a court to persuade that court to rule in favor of his client's position.
A brief must identify the legal issues, present the facts and 88%(). The is a summary I wrote on the Flores-Figueroa v.
United States Supreme Court case. Check the court rules, case law and statutes. Become familiar with all applicable law, before writing a motion and brief for summary judgment.
Understand the formatting requirements, length limitations, exhibit rules and the legal foundations available for a plaintiff's summary judgment motion. Summary: A brief summary of the facts, history, and holding of the court in the case. Syllabus: Another summary of the decision in the opinion inserted by the reporter.
Counsel: A list of the attorneys representing the parties in the case.
A case summary is the documentation of a case. b. The summary also maintains the procedural history of the case, especially if the parties involved could have been in court .