Monday, September 14, 2009

Briefing, in brief

Briefing cases is one of the main skills needed for law school. We read a handful of cases for each class each week, and it's important to take notes for reference both in class and for exam preparation at the end of the semester.

I've found some success using the following six components. Some people brief more, some less, but this works for me (at least in Criminal Law. In Constitutional Law where we read seminal cases like Marbury v. Madison this probably doesn't cover enough detail).

Caption: What's the name of the case? What reference is given in the text? Which court heard it? When?

Facts: In your own words, explain what happened. Tell the story.

Procedure: How did the case get here? You rarely read trial court (bottom level of courts) decisions. You usually read an appeal, or an appeal of an appeal. So what happened in the lower courts? Who appealed?

Issue: Sort through all the facts above--what is the main issue the court is addressing?

Holding: And what did the court decide? This should be brief: "The court upheld the conviction."

Reasoning: Why did the court decide it? What was their rationale?

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I don't always get all the issues in a case. I hope that as I gain more experience that I'll become more skilled. So I add to my notes based on the discussion in class, especially in Constitutional Law!

Nevertheless, briefing is essential. I was in class this morning and the professor asked a student to tell the class about a case. It seemed like the guy had read it before, but he was skimming the text and blathering. I was looking at my notes, and I could have answered in a sentence or two what this kid struggled through for two minutes!

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