A case brief is a summary of a judicial opinion outlined in a form that clarifies the facts, issues, holding and rationale in that opinion. It is used by attorneys and legal researchers to provide a quick review of the key elements of a judicial opinion. The text authors have abridged most of the opinions in your textbook, so you don’t get all the information contained in the case. From time to time in this course, the instructor will provide citations to judicial opinions you can look up and read on Lexis-Nexis. The form of a case brief is a handy way of summarizing those opinions. If you would like to see examples of case briefs, look under the readings in Module Three.
Preparing a case brief provides an opportunity to practice articulating a legal issue and delineating a legal rationale. Every case brief should include the elements identified below:
1. Case name and citation
The names of the principal litigants, volume, reporter and page of the decision should appear at the top of the case brief. Include the court and year of decision in parenthesis.
2. Facts
In a paragraph or two, state the essential facts that led to the controversy. Be concise, and include relevant information so that the nature of the controversy is understood. (In general, you should exclude elements of procedure in the lower court.)
3. Issue(s)
State the issue or issues identified by the opinion in question form. Be sure to specify the provisions of law being interpreted. (For example: "Did the school official deny the student’s right to freedom of speech under the First Amendment?")
4. Holding
Answer the issue in a brief and concise statement by identifying the court's resolution of the controversy.
5. Rationale
Explain the court's reasoning based on an analysis of the judicial opinion. The rationale should incorporate the key legal propositions and integrate key facts in support of the holding you identified. One or two paragraphs are usually sufficient.