Writing the case Brief!
- Mckayla Mccloskey
- Jul 8, 2023
- 2 min read
The case brief is an essential skill to master as early in your legal career as possible. Thanks to my time at Boston University I have had the opportunity to practice this skill and can now pass it along to you. What follows is a basic outline for creating an effective case brief. I also have included three examples so you can observe the outline in action.
I. Facts
a. List the facts of the case here – only the FACTS. We’re getting clear in this section about what happened. These facts will be essential to understanding and applying the following sections.
II. Issue
a. Explain the issue or legal question the case will most likely pose when it appears in the dispute. This should be around one sentence, perhaps two.
III. Rule
a. Highlight and detail the most applicable state or federal law that relates to the case. It should help address the question and the facts and ideally be applicable in the court in which the case will likely be tried. i.e., a law from Massachusetts for a case that will be tried in Massachusetts court.
IV. Application
a. Break down the components of the rule in application to the facts in the case.
b. For each component of the rule being used in the outline, try to do a mini application section to get even more detailed.
c. Example: The rule contains wording that relates to levels of provocation when evaluating the circumstances of a case:
i. Lack of provocation
1. Intentional provocation
a. Issue
b. Rule
c. Application
d. Conclusion
2. Unintentional provocation
a. Issue
b. Rule
c. Application
d. Conclusion
V. Conclusions
a. Here, use the above sections and predict how the case will be ruled and why.
b. If briefing a case that has passed through the courts already, explain the conclusion drawn in relation to the above sections.
I have included flushed out case briefs from my time completing my paralegal studies at Boston University. Example one is a hypothetical case that applies real Massachusetts law. Example two and three demonstrate the brief outline via real cases, including a famous case from legal history: Brown v. Board of Education.
As always, reach out to me via any of the following if you have any questions, I am here to help!
Instagram: @Kayla_Konnection
Pinterest: @kaylakonnection
LinkedIn: McKayla-McCloskey
Gmail: thekaylakonnection@gmail.com
Happy briefing!
Kayla
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