Case Briefs

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CaseBriefs

Acase brief refers to a summarized, short, and concise outline of acourt opinion. The shortness of the court view gives it the name&quotbrief&quot. The briefness is mainly intended to serve thepurpose of simplifying a tribunal’s outlook into the key elementsand issues as well as discussing only the essential points of a case(Cretacci 97). Some of the chief components, which are discussed in acourt brief, include facts and matters that are related to aparticular case, legal issues that the investigation addresses aswell as the courts holding or conclusion on the matter. In lawschool, a case brief refers to the summary that law students write sothat it can help them in digesting the many reading materials thatthey must study and understand. In both situations, the inquiry briefserves the same purpose of summarizing a case after re-reading it sothat the reader can come up with the necessary points (Frantzen,Vollum, Carmen, Miguel, and Cheeseman 45).

Formatof a Case Brief

Mostappellate or student briefs are either written or typed depending onthe convenience of who is doing it. The framework of the case briefinvolves data or facts, procedural history, presented issues,holding, reasoning that is legal, a rule of law, and agreeing ordissenting opinions if they occur.

Facts

Thispart includes a quick list of the facts that involve the case orparties concerned in the investigation. Even though the events aresupposed to be a bit brief, they should include all legallysignificant facts of the case in question. This section also includesthe name of the case, parties involved, detail of the happeningsfactually and procedurally, and the judgment passed (Frantzen et al78).

ProceduralHistory

Theprocedural history of the case only describes the journey that theprobe has taken throughout the court system.

IssuePresented

Theissue represented refers to the legal points that the case isdiscussing, and in most situations, there may be more than oneproblem to be addressed.

Holding

Holdingrefers to the ruling that was passed by the court. For example, ifthe tribunal was presented with a question to answer, then theresponse to such a query becomes the holding of such a case.

LegalReasoning

Legalreasoning refers to the quick summary of the thought process that thecourt used to reach the conclusion.

TheRule of Law

Thecase summary is also supposed to include any rule(s) of law that isapplied, and the person writing the case brief deems them to beimportant (Frantzen 107).

Concurringor Dissenting Opinions

Thecase summary is also supposed to contain a concurring or dissentingopinion, if it exists in the case. In a situation where it does notexist, the person writing the investigation brief is supposed to omitit.

Purposeof

Thepurpose of case briefs is similar, whether it is for class or courtuse, and is simply for summarizing large details into key points thatcan be read within a short period. A student can use a case brief tosum up a large investigation into few notes, which can help remembersuch an inquiry in future applications (Cretacci 37).

WorksCited

Cretacci,Michael. SupremeCourt in Criminal Procedure.Rowman $ littlefield, 2012. Print.

Frantzen,Durant., Vollum, Scott., Carmen, Rolando., Miguel, Claudia., andCheeseman, Kelly. TheDeathPenalty: Constitutional Issues, Commentaries, and .London: Routledge, 2014. Print.

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