How to Write a Legal Statement of Fact Formats Vary Widely The term "legal brief" is used loosely to mean any type of written statement that presents law, fact and argument, so the format for a legal brief varies considerably not just among different courts, but also within one jurisdiction. For example, there are very specific format requirements for a brief that supports a motion for summary judgment in a trial court that vary considerably from the requirements for an appellate brief before the state supreme court. Organizing the Argument Before an attorney begins drafting a legal brief, she identifies the exact legal points at issue.
How to write a case brief for law school: Excerpt reproduced from Introduction to the Study of Law: This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves.
Case briefs are a necessary study aid in law school that helps to encapsulate and analyze the mountainous mass of material that law students must digest. The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again.
Who will read your brief? Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. You are the person that the brief will serve! Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.
What are the elements of a brief? Different people will tell you to include different things in your brief.
Most likely, upon entering law school, this will happen with one or more of your instructors. While opinions may vary, four elements that are essential to any useful brief are the following: Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above.
Depending on the case, the inclusion of additional elements may be useful. For example, a case that has a long and important section expounding dicta might call for a separate section in your brief labeled: Whatever elements you decide to include, however, remember that the brief is a tool intended for personal use.
To the extent that more elements will help with organization and use of the brief, include them. On the other hand, if you find that having more elements makes your brief cumbersome and hard to use, cut back on the number of elements.
At a minimum, however, make sure you include the four elements listed above. Elements that you may want to consider including in addition to the four basic elements are: In the personal experience of one of the authors, this element was used to label cases as specific kinds e.
This element allowed him to release his thoughts without losing them so that he could move on to other cases. In addition to these elements, it may help you to organize your thoughts, as some people do, by dividing Facts into separate elements: One subject in which Procedure History is virtually always relevant is Civil Procedure.
When describing the Judgment of the case, distinguish it from the Holding. Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law.
It will be a reference tool when you are drilled by a professor and will be a study aid when you prepare for exams. A brief is also like a puzzle piece. The elements of the brief create the unique shape and colors of the piece, and, when combined with other pieces, the picture of the common law takes form.
A well-constructed brief will save you lots of time by removing the need to return to the case to remember the important details and also by making it easier to put together the pieces of the common law puzzle. The simple answer is:Practising Law Institute, PLI, is a nonprofit learning organization dedicated to keeping attorneys and other professionals at the forefront of knowledge and expertise through our Continuing Legal Education Programs, Webcasts and Publications.
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Apr 19, · In this Article: Finding the Requirements Preparing the Contents Writing the Brief Community Q&A. A legal brief is a document written by one or more of the parties (participants) to a legal action.
It includes the facts of the case, the legal issues to be determined, and references to applicable statutes (written law) and prior cases similar to yours%(34). Welcome to Transportation & Logistics Briefing, a new morning email providing the latest news, data, and insight on how digital technology is disrupting transportation and delivery, produced by BI.