How to Brief an Existing Case

Here is how to Write a Legal Case Brief:

There are ten (10) parts to the case brief. Each part is distinct within itself. 

1. Case name, number, and date
2. Parties
3. Legal Proceedings
4. Facts
5. Legal Provisions
6. Issue(s)
7. Decision
8. Rule of the Case
9. Reasons
10. Concurring & Dissenting Opinions

CASE NAME, NUMBER, & DATE is simply the name of the case (e.g. Texas v. Johnson); the case number is the case's citation (491 U.S. 397); and the date is the date decided. You should also report the appropriate jurisdiction and the correct level of the deciding court.

 PARTIES are the individuals involved in the case. Who is suing whom? Who is the petitioner or appellant? Who is the respondent or appellee? In other words, identify the parties (by proper name, by a short description and by status on appeal).

LEGAL PROCEEDINGS encompass what kind of case this is (civil or criminal). What remedy is being sought? What did the trial court decide? If the case was heard by a lower appellate court, what did that court decide?  You should indicate which party initiated the legal action and what decisions have been made leading up to the current case. In other words, what was the history of the case prior to the one at hand?

Convey the FACTS of the case. What are they? Are they in dispute? If so, what is in dispute?

Identify the LEGAL PROVISIONS involved in the case. What law(s) were violated? What is (if applicable) unconstitutional? Why? What rules of law are applicable?  What are the precise legal claims that each party is making?

ISSUE is the fundamental legal question the case raises. What issue (or question) is presented for decision? It should be kept general, but be precise.

What was the DECISION of the case?  Who won?

The RULE OF THE CASE is the GENERAL legal principle the case sets down that can be applied to other cases.

REASONS will probably be your longest section. State the rationale for the decision made. How does the court justify its decision? What arguments did the appellant and appellee raise? How did the court handle them? Also, state who authored the majority opinion. Moreover, include major precedents cited (doctrinal criteria), founding intent, textual references, structural rationales, and/or social values.

Be sure to discuss CONCURRING AND DISSENTING OPINIONS. If the opinion is given, provide a summary of what the opinion is arguing. If it is omitted from the text, state that there is an opinion, but it was omitted in the legal textbook.