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      • While opinions may vary, four elements that are essential to any useful brief are the following: (a) Facts (name of the case and its parties, what happened factually and procedurally, and the judgment) (b) Issues (what is in dispute) (c) Holding (the applied rule of law) (d) Rationale (reasons for the holding)
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  1. What facts are relevant to include in a brief? You should include the facts that are necessary to remind you of the story. If you forget the story, you will not remember how the law in the case was applied. You should also include the facts that are dispositive to the decision in the case.

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  3. There are different approaches to briefing each aspect of the case that work equally well. You can write your brief in narrative form or simply list the facts, issues, holdings, and reasons as bullet points in your brief. The key is to create a complete summary of the court’s opinion.

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  4. Before turning to speciic sections of a U.S. Supreme Court brief, it’s worth recounting a few Court-speciic styles that cut across many sections. Don’t refer to the Court as “the Supreme Court,” as in “the Supreme Court has held that . . . .”

    • Title and Citation. The title of the case shows who is opposing whom. The name of the person who initiated legal action in that particular court will always appear first.
    • Facts of the Case. A good student brief will include a summary of the pertinent facts and legal points raised in the case. It will show the nature of the litigation, who sued whom, based on what occurrences, and what happened in the lower court/s.
    • Issues. The issues or questions of law raised by the facts peculiar to the case are often stated explicitly by the court. Again, watch out for the occasional judge who misstates the questions raised by the lower court’s opinion, by the parties on appeal, or by the nature of the case.
    • Decisions. The decision, or holding, is the court’s answer to a question presented to it for answer by the parties involved or raised by the court itself in its own reading of the case.
  5. Jul 25, 2024 · Regardless of form, every brief should include the following information in steps 2-9. 2. Use the right caption when naming the brief. A brief should begin with the case name, the court that decided it, the year it was decided, and the page on which it appears in the casebook. 3. Identify the case facts. Next, state the facts of the case.

  6. Include the procedural posture of the case. The procedural history, the nature of the case, and the disposition from the lower court(s) are typically included in the “Statement of the Case.” Always be sure, however, to follow the rule that the court or professor for whom you are writing articulates.

  7. If your brief already contains the facts, rule, and analysis, you do not need to spend class time writing notes about that. Instead, you can focus your attention on listening to and participating in the discussion. Here are the basic elements of a brief: Case title and date.

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