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How to Read and Brief a Case
- Course
- Crim
- Institution
- Indiana Tech - Fort Wayne
How to Read and Brief a Case
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How to Read and “Brief” CasesA written court opinion is the court (judge, court of appeals, or Supreme Court)
issuing the ruling of the case. Some opinions are clear…others, not so much.
As a student, you want to write a “student case brief,” that allows you to refer to
your brief to recall the important parts of the case.
The Case
When you’re reading court opinion, you should look for the important parts of the
case.
1. Facts: the facts are the underlying facts of the case. While facts are
sometimes the most attention-grabbing part of the case, you only need to
remember the most basic facts to get to the “meat…meaning” of the case.
a. Example: On 1/1/2000, the defendant went to his ex-girlfriend’s
house and shot her seven times. Evidence showed that the
defendant, being a gun expert and sharpshooter, shot her the first
six times in her arms and legs, causing extreme pain, but not death.
He then waited forty-five minutes before delivering a shot through
her heart. The defendant stated to the police when they arrived, “In
the end, she understood what she meant to me. I took care of her.”
b. The important facts: The Defendant shot his ex-girlfriend, Victim, 7
times, causing death.
2. Procedural History: this is a re-counting of the steps that have been
taken in the case through the court system to get where it is.
a. Example: Defendant was charged with murder; he was convicted;
he appealed his conviction to the Indiana Court of Appeals (present
case).
3. Issue(s): this is the reason(s) that the court is hearing the case (thus,
issuing the opinion). Think of this as…what is the defendant (or the state)
saying was done incorrectly.
a. Two typical wording “clues” to look for when you are trying to figure
out the issue:
i. “The defendant argues that...,” or
ii. “The issue in this case is whether….”
4. Ruling(s) Holding(s): this is the court saying “this is my ruling (law of the
case).” It should answer the issue(s). This is the “BIG announcement,”
bang the gavel rule. It tells the parties what is going to happen from here
on out (because that’s what the court says).
a. There are sometimes wording “clues,” such as:
i. “The court finds...,” or
ii. “We hold…,” or
iii. “The Court holds…,” or
iv. “We rule…,” or
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