Element issue My meaning of Step 6 a. The words of the rule used to determine whether the element was satisfied, e. Part of what I call a legal reasoning method -- Step 6 b.
Case Brief Case briefing is a long-used method of studying law. Its purpose is to have students identify the rules Case brief method law found in court cases and analyze how courts apply these rules of law to the facts of a case in an objective and rational manner.
Case briefing hones analytic skills and heightens understanding of the role of courts in defining, interpreting, and applying law.
This appendix explains one way to brief cases. There is no single standard for case briefing, but the structure below is common and will serve you well, both in studying the law now and in using the law in the future.
It is worthwhile mastering. After explaining a how a brief is constructed, a sample brief of the case Eric J. Purposes of a Brief 1. Establishes a useful means of bringing the facts of a case back to memory in a short time, for whatever purpose, including classroom discussion.
Allows you to extract from a judicial decision its future value as precedent. In other words, it helps you find the principles of law that the case sets forth. Allows for easier and smoother review of an area of law.
Each brief takes a complex and long document the case and reduces it to its key facts, holding, and rationale the brief. A collection of briefs can provide a comprehensive summary of an area of law. Elements of a Brief A brief is primarily a self-teaching tool; as such, you should structure them to meet your own needs.
Many formats have been proposed by various writers. The method to use is the one that makes the most sense to you. For an introductory law class, the purpose of a brief is more limited than for either a law student or a lawyer.
Also, a brief should be brief! A long brief eliminates the most important role of a brief: Several basic components of a brief are present in almost all brief styles.
If your brief style includes the following elements, you should do well: Indicate which facts are operative, and which bear on the issues to be decided.
Often a sign of how well you understand the case is your ability to identify the relative importance of facts. Some cases may have many extraneous facts that do not need to be in your brief.
Most certainly, some facts will be more important than others. Your task is to frame the problem by describing the facts that count, the ones that matter. Issue Issue spotting is the skill of recognizing in the facts a pattern that implies a certain type of issue.
For instance, facts that describe two people both claiming ownership rights over a chair should spotlight an issue of ownership of personal property.
In reading cases, often the parties and the court do this work for you. Ask yourself what legal questions are posed by the appealing party. The appealing party is alleging that an error of law was made. What is that error? What question is the court answering?The IRAC Method is the foundation of good legal writing, but should not be mistaken as the ideal format your essays and papers.
The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. If you have difficultly, refer back to this chapter to help guide you as you master the case method of study and the art of using the common law.
Have questions about law school? Check out our Facebook page. Briefing Cases--The IRAC Method When briefing a case, your goal is to reduce the information from the case into a one-page case brief. When we discuss the case in class, you will immediately be able to. How to Brief a Case Using the “IRAC” Method When briefing a case, your goal is to reduce the information from the case into a format that will provide you .
The case brief represents a final product after reading a case, rereading it, taking it apart, and putting it back together again. In addition to its function as a tool for self-instruction and referencing, the case brief also provides a valuable “cheat sheet” for class participation.
Learn everything you need to know about the case method so you're prepared for your first year of law school classes.
for your own benefit, briefs of these cases. Briefs are your attempts to summarize the issues and laws around which a particular case revolves and to make sense of the court's findings in terms of similar cases. One way or.