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Case Brief Template for Law Students

A Structured Approach to Briefing Cases for Law School
Tags: case brief, class prep
Apr 2, 2023

There are many ways to brief a case. This article breaks down a few example templates that we have collected to give you some ideas.

After a law student has briefed a few cases:

The best case brief template is one that a student makes for themselves

I know, I know. You came here looking for a template and I am saying "Make your own" which isn't super helpful.

But how you learn and what your professors focus on is unique, and so how you brief a case can be unique, too. But looking at templates is still helpful because it will give law students some examples to pick from in order to craft their own. A very special franken-brief.

This article will outline two examples of case brief templates

I recommend trying them (and any others that you find online or from classmates/friends) out and picking the parts from each that help you, and that are most relevant to the class and to the case.

Case brief template example 1

This Template has 12 Parts (9 standard and 3 optional)

Standard

  1. Name of Case
  2. Parties
  3. Procedure
  4. Issue
  5. Facts
  6. Rule
  7. Analysis/Application
  8. Holding
  9. Judgment

Optional:

  1. Policy
  2. Dicta
  3. Dissent

Detailed explanations of the template components

Standard Parts

Name of Case

Start by writing the name of the case at the top of your case brief, like "Smith v. Jones." I know it sounds simple, but it helps.

Parties

Identify who the plaintiff and defendant are. If you don't want to write the names over and over consider abbreviating them, like with a "P" and "D."

Procedure

Identify where the case is being heard (state or federal court) and at which stage in the judicial process the case is in when the issue arises.

Issue

Identify the legal issue that the case is addressing.

Facts

BrieflySummarize the relevant facts of the case. Focus on legally significant facts. Focusing your brief will cut down on the time it takes you to brief.

Rule

Identify the rule of law that the court applied. This may be straightforwardThis may be straightforward, or the court may have fashioned a new rule.

Analysis/Application

Describe the court’s reasoning. Explain how the court applied the rule to the facts.

Holding

This is the court's legal conclusion. What did the court decide?

Judgment

This is the court's ultimate disposition of the case. Did the court grant or deny a motion? Affirm or reverse a lower court?

Optional:

Policy

If the court provides any public policy reasons for its adoption of a new rule or its application of an old rule to a novel situation, briefly note those reasons.

Dicta

Sometimes, the court provides an extended discussion of an issue that is not necessary to reach the holding. This is known as "dicta." These are occasionally discussed in class and sometimes become important in future lessons.

Dissent

If the casebook includes a dissenting opinion, jot down one or two sentences about the dissent’s point of view. It can be just as important as a majority opinion.

Case brief template example 2

This one is a little shorter. It might be a good choice if you are looking to brief cases a little more quickly.

This Template has 7 Parts

  1. Title: Parties and case reference.
  2. Facts: Summarize key facts and rulings.
  3. Issues: Define legal questions concisely.
  4. Decisions: Court's answers to legal questions.
  5. Reasoning: Judges' thought process explained.
  6. Separate Opinions: Analyze concurring/dissenting views.
  7. Analysis: Evaluate case significance and impact.

Detailed explanations of the template components

Title and Citation

The title indicates the parties involved in the case, with the first name being the party that initiated legal action, like "Brown v. Board of Education". Citations are similar but slightly different. they act as a reference to locate the case in the appropriate case book and/or reporter, making it easier to track and study (but not exactly easy to read), like "347 U.S. 483, 98 L. Ed. 2d 873, 74 S. Ct. 686, 1954 U.S. LEXIS 2094, SCDB 1953-069"

Facts of the Case

A detailed summary of the essential facts and legal points raised in the case. It covers the nature of the litigation, parties involved, relevant occurrences, and lower court rulings. The summary helps to establish context and provides a foundation for understanding the court's published opinion.

Issues

The legal issues or questions raised by the case, often stated as a question. In general, issues should be phrased in a way that allows for clear "yes" or "no" answers, focusing on the case's nature, lower court opinions, or parties on appeal. Identifying these issues is crucial for understanding the legal implications of the case. It can help to identify the issue before you even start the reading in order to guide you. Using something like LSD+ Case Briefs, can help.

Decisions/Holdings

The court's response to the legal questions presented, which can range from simple "yes" or "no" answers to broader and more complex interpretations of statutes, the Constitution, or judicial doctrines. Decisions may include narrow procedural holdings, such as "case reversed and remanded," or broader substantive holdings based on legal interpretations.

Reasoning/Rationale

The thought process and chain of arguments behind the judges' decisions, both in concurring and dissenting opinions. This reasoning is critical for understanding the legal principles applied and the rationale for the final decision. It can reveal how the court considered the facts and rules relevant to the problem. Typically, Professors will assign specific page ranges of case books that cover specific opinions. These are usually the ones that you should focus on.

Separate Opinions

When in the assigned reading, both concurring and dissenting opinions should be analyzed in-depth to identify areas of agreement or disagreement with the majority opinion. This analysis includes stating how each judge voted and their alignment on the issue. Familiarity with judges' typical stances can help anticipate their likely votes in future cases involving similar issues.

Analysis

The evaluation of the case's significance, its relationship to other cases, and its place in history. It is particularly helpful to map each case to other relevant cases that you have learned throughout the course. This will help to structure your outline which is a typical study tool for exams.

The analysis section involves determining the case's impact on the court, its officials, and decision-making processes, as well as its effects on litigants, government, and society. Analyzing the case also entails examining the judges' implicit assumptions and values, the appropriateness of the decision, and the logic of the reasoning.

No template is perfect

Hopefully, with a few reps in, you can create a system that works for you to cut down on the time it takes to read.

Case briefs (like ours) or from classmates, can help as well.

Related Articles

  1. Preparing for Class
  2. Case Brief Generator
  3. Writing an Effective Case Brief for Students
  4. 1L Curriculum
Windsor MIT '22, Harvard College Advisor

I am the half of LSD that didn't take the LSAT, or go to law school (Sorry about that). But I did go to MIT business school while surrounded by law students and lawyers, so I am somewhat qualified to talk about the intricacies of law school apps and finances.

Windsor (the dog) didn't write this but he WAS a Resident Tutor and career advisor at Harvard College with me, so deserves some credit.

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questioning whether i go to school for free at a lesser school or pay some out of pocket at a better name for the same degree at end of the day, the numbers don't lie
18:54
@DisillusionedHomelessWalnut: The way the curve works is a below-median student at Tennessee (curves to a 3.1, so B/B+) can end up with a better GPA than an above-average student at Elon (curves to a 2.67/B-minus), so the student from Tennessee will have a better transcript *and* get better jobs on average than someone with the same class rank at Elon
18:56
Your real alarm bell is Elon's curve (linked here, p. 70 https://eloncdn.blob.core.windows.net/eu3/sites/996/2019/07/2017-2018_Academic_Catalog-and-Student_Handbook.pdf) *requires* profs to give 20% of first-year students a C-minus or worse, when the school's bar for "satisfactory academic progress" is a C+ average
ooooffff. thanks. i mean, full ride is cool and all, but damn
18:59
The only scenario where a school does something like that (curve to a 2.67, dismiss students below 2.25) is when they're admitting a lot of students who may not pass the bar, then flunking people out mercilessly so the school can keep its accreditation (ABA requires 75% of grads to pass the bar within two years, can't fail the bar if the school doesn't let you graduate)
the dean told me "no students had their scholarships reduced in the past three years, and to my recollection only one scholarship in 19 years has been reduced when a student was in good standing"
yeah, i get that and appreciate you validating that point. i like to think it really wouldn't apply to me and assume it happens due to the lower standards of admissions they utilize, but is it (full ride) worth the risk? that's the fly in the ointment
just trying to weigh all angles, seems like just biting the bullet and paying the modest amount to UTK is a smarter decision
end of cycle is for the birds, but i'm playing the hand i was dealt :)
19:06
In general you are going to be better off at a school that wants its students to succeed. UTK seems to fit the description - they are not in any danger of losing their accreditation, don't need to force people out. Elon very much does not, if their bar passage drops 2% they'll be in violation of ABA requirements so they won't give students any leway
19:06
*leeway
i appreciate your insight, friend
manifestmoreadmissions
19:11
im too lazy to provide the same level of detail as JB but I agree UTK seems like a better bet to actually achieve your career goals and set yourself up for success. I would understand being conflicted if it were like UTK vs Belmont or a lower ranked school that isn't considered predatory but because it's Elon that makes it more clear to me
thank you
the counterpoint bouncing around my head is basically "if i'm worth a damn, as i think i am, i'll be just fine no matter what the curve is" but you folks are nudging me in the direction of logic and common sense
manifestmoreadmissions
19:18
plenty of the people who fall behind are worth a damn it's just that some schools are basically set up to screw people over
yeah. fall behind as in....miss homework? can't keep up with readings? something else?
kinda nervous coming in as an untraditional guy around KJD's, billy madison vibes over here
19:21
Re: costs, it's worth looking at costs all around, both schools cost (net tuition, $0 at Elon/$30K over 3 years if you're in-state at UTK) PLUS three years not earning money or advancing in your career, which is worth 6 figures if you make decent money now. $30K in tuition is a small share of total costs in this comparison
19:24
"Fall behind" in this context means law school curves are rigid, no matter how hard everyone studies half the class will be below-median, 25% in the bottom quarter, etc. It's not super predictable either, so a student above GPA or LSAT median could still end up bottom half or 1/4 of the class
gotcha. predatory in that instance is certainly appropriate
manifestmoreadmissions
19:32
i am not kjd but im glad jb cleared that up for you lmao
19:32
And assuming similar class rank, UTK grads tend to do better in public data. Top students at UTK have a shot at biglaw (pays $225K), top students at Elon end up at small/medium firms (worse pay). Average students at UTK can get jobs at small/medium firms, average students at Elon are on the bubble for any firm job at all. Below-average students at UTK have a shot at firm jobs or other work, below-average students at Elon might not get jobs (or pass the bar, or avoid academic dismissal). That's the major advantage of well-regarded schools - more upside, less downside
manifestmoreadmissions
19:32
but yeah just reiterating that you could be worth so many damns and still not do well because its set up for that
19:37
(This is ignoring public service/government jobs, because the stats there don't tell us much about the type of job - "super competitive Department of Justice job in DC making $90K" and "local government job earning $50K" both get lumped together under the "public service" label, but say v. different things about a school's job placement
really appreciate all the insight
manifestmoreadmissions
23:07
for those going to school in fall 24 when did you add your school to your linkedin profile
MightyUnableSphinx
23:13
add as soon as you get in! :)
MightyUnableSphinx
23:13
it's like a little micro celebration!
23:15
Anyone else here plan on practicing around PDX?
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