LEGAL WRITING CASE BRIEFS

There is no single way to brief a case. Many formats are possible. The format we will use for this assignment is very basic and simple. Please follow it precisely.

CITATION

Be sure to cite the case properly. If you are not sure how to do this, look at the top of the page in the reporter. Use that format. Be sure and underline the case name (or italicize) and include the abbreviation of the deciding court just before the case (unless it is obvious from the reporter abbreviation).

Examples: Jones v. Commonwealth, 218 Va 93, 489 S.E. 2d 234 (1980)

U.S. v Smith, 300 F. Supp. 123 (E.D.Va. 1978)

Smith v. Jones, 500 P.2d 1 (Kansas 1990)

FACTS OF THE CASE

A brief summary of the facts which are relevant to the legal issues raised by the case. Include enough factual background so that the issues presented are shown in their proper context. Thus, if an issue is a substantive one (ie. whether the evidence was sufficient to establish forcible entry in a burglary case), you do not need to include much procedure in your factual summary. However, if the issue is a procedural one (ie. whether the defendant was given a speedy trial), you must lay out the procedural history of the case as part of your facts and hit the description of the burglary lightly.

ISSUES PRESENTED

Put this in the form of a question and include enough relevant facts so that someone will be able to tell what the case was about by reading only this section of the brief. In other words, make the issue self-contained.

Example of an issue that is self-contained: Does homosexuality render a parent unfit to have custody of his or her minor child?

Example of an issue that is not self-contained: Was the mother properly denied custody of her minor child? (This requires reading more of the brief to truly understand the issue).

HOLDINGS ON THE ISSUES

The court=s answer to the issue presented. This holding now becomes the law of this jurisdiction.

REASONS FOR THE HOLDINGS

A short summary of why the court decided the issue as it did. Keep in mind that sometimes the court does not give any reasons. If this happens, do not make any up. But feel free to add some of the court=s quotes if they would be helpful to the reader.

REMEMBER: This document is meant to be practical. If there is something in the case that you feel the reader should know, include it as a footnote or create a heading for it. Do not simply leave it out because it does not fit properly under the headings you are using.