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Every lawyer briefs cases differently. A case brief generally consists of a series of topic headings with the specific information from the case under each heading. Most case briefs contain similar information but the headings and their sequence may be different. Some professors have a preferred briefing format.
Many courts require that briefs begin with a Statement of the Case that sets out the procedural history, followed by a Statement of the Facts that describes the factual background. See, e.g .,
How to Brief a Case using the “IRAC” Method – Professor Ng IRAC method: Issue, Rule, Application, Conclusion (Before the issue, write a brief summary of the facts of the case. Also, explain where the case is in the court system (the procedural history). Example: “The trial court denied the defendant’s motion for summary judgment.
AFFIRMATIVE DEFENSE - Without denying the charge, the defendant raises circumstances such as insanity, self-defense, or entrapment to avoid civil or criminal responsibility. AFFIRMED - In the practice of appellate courts, the word means that the decision of the trial court is correct. AGENT - One who has authority to act for another.
Most importantly, by “briefing” a case, you will grasp the problem the court faced (the issue); the relevant law the court used to solve it (the rule); how the court applied the rule to the facts (the application or “analysis”); and the outcome (the conclusion).
Here are the basic elements of a brief: 1. Case title and date. It is also wise to list the page in the casebook for easy reference. Due both to the case method of studying the law and the common law emphasis on judicial opinions, the title of an opinion (Jones v. Smith) becomes a symbol of the rule for which it stands.
How did the court analyze the issues presented by the parties? Did the court need to weigh conflicting rights or interests? How did the court decide which rights or interests outweighed other rights or interests? Did the court consider arguments beyond legal rules and principles, such as the policy implications of the court’s decision ...
