Intro to LawReading and Briefing Cases

Briefing a Case

A student case brief records the facts, the procedural history, the issue (question presented), the holding, the reasoning and the disposition, and often notes concurrences and dissents.

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Law students prepare for class by writing a case brief: a one-page summary of an opinion in a fixed form. (It is not the same as the long "brief" a lawyer files with a court.) Once you know the parts of an opinion, briefing is a way of pulling out the parts that matter.

Key idea

A student case brief records the facts, the procedural history, the issue (the question presented), the holding, the reasoning and the disposition, and often notes concurrences and dissents.
HeadingWhat to write
Factsonly the facts the court relied on, in a few sentences
Procedural historywhat the lower courts did and how the case got here
Issuethe legal question, as a yes-or-no question tied to the facts
Holdingthe answer to the issue, as a rule ("Yes; a plaintiff who…")
Reasoningwhy the court decided as it did: the rule's source and how it applied
Dispositionaffirmed, reversed, vacated, remanded
Separate opinionsthe main point of any concurrence or dissent

Why it works

Briefing forces you to decide what the case stands for. Copying passages is easy; stating the issue in one question and the holding in one sentence takes understanding. A good test: the holding should answer the issue exactly, and the reasoning should explain why the answer is yes or no. Your brief is also a tool for telling holding from dicta: anything that does not help answer the issue belongs elsewhere.
A brief of Lujan v. Defenders of Wildlife (1992). Reveal each part in turn.

Worked example: Write the issue

Turn this vague issue into a good one: "Standing."
  1. Make it a yes-or-no question.
  2. Tie it to the key facts: members who visited habitats abroad and hoped to return someday.
  3. Name the legal standard: injury in fact under Article III.

Answer: Do members of a group who once visited endangered species' habitats abroad and intend to return "someday" suffer an injury in fact that gives them standing under Article III?

Worked example: Match the holding

Write the holding for that issue.
  1. Answer the question directly.
  2. Keep the key facts and the rule.

Answer: No. Vague "someday" intentions to return, without concrete plans, do not show an actual or imminent injury, so the plaintiffs lacked standing.

Common mistake

Copying long passages and missing the issue. Write the issue as a yes-or-no question that the holding answers. Check your brief: if the holding does not begin with "yes" or "no" (or a clear rule) that answers your issue, one of them is wrong.
Put the headings of a case brief in the usual order.
This is an educational course, not legal advice.

Practice

Pass with 3 right answers, the last 2 in a row. Each right answer earns 2 XP.

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Sources and further reading

@teddyrookbook GitHub