by Answerbag Staff on April 25th, 2010

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How do i write a student case brief?

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  • by Melissa Villasenor on April 25th, 2010

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    Professionally Researched. (What's this?)

    Case briefs are written by law school students and students in courses related to law. A case brief summarizes a court opinion. It is a basic requirement in legal education to know how to write case briefs. Being able to summarize a case will allow a person to thoroughly understand the case. With practice, writing case briefs will become second nature.

    Case Briefs

    Write a case brief in a specific method, typically following a procedure of presenting facts, issues, rules, application and analysis of law, and a conclusion in separate sections. The acronym for this analytical process is known as the FIRAC method.

    Facts

    Describe in the facts section the who, why, when, where, and how of the case. Sometimes the facts will be stated clearly. Other times you will need dig deeper to find all the facts of the case. For example, a person's behavior is considered a fact of the case.

    Issues

    Summarize the issue of the case in one sentence that is written as a question. Start each issue with "does" or "whether." This pertains to the point of law that is being disputed. This section will set up the following sections, so the issues stated must be thoroughly identified. You must know the facts of a case in order to be able to identify a law issue and understand a law well enough to recognize when it may have been violated. The issue must therefore be an issue of law.

    Rule

    Provide in the rule section the text of the law that was identified in the issues step. At this point, it is necessary to ensure that the rule is presented accurately or else the conclusion will not make sense.

    Application and Analysis

    Describe the conduct that occurred in the application and analysis section. The rules of law describe the conduct that the law prohibits, requires or permits. The facts describe the conduct that occurred.
    This section must be written very precisely because it states the analysis of the case. Sometimes the court opinion will state what is the analysis. If that is the case, this must be elaborated on by the student. Pick your words carefully. At this point, you will need to do some research. Ask yourself questions that you will then answer. Refer to the facts of the case. Make it a point that what is stated in the analysis matches what is written in the facts. For example, is the statute the Consumer Protection Act or a totally different statute? Little details such as this will give validity to your analysis.

    Conclusion

    State the conclusion of the court in the conclusion section. This section answers the question stated in the rule section of the brief. It will most likely be at the end of the case in its own section. Most times it will be clearly stated. Sometimes there will be a dissenting or difference of opinion from a justice or judge who was in the minority. This means that the decision was not unanimous.

    Source:

    David Guenther: FIRAC: An Elementary Approach to Legal Reasoning

    Custan: Writing Student Briefs.

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