How to write a case brief?


Hey there!

Before we start, it is important for us to know what is a Case Brief ? And What is the importance of Case Briefing?

So, Case Briefs are the basic summary of any case which is used by the lawyers, attorneys, and all other legal professionals to get a basic idea about any case. 

As you know that generally, law cases are quite large. Thus, in actual sense, the primary purpose of the case brief is to give a summary to the reader before they can read the whole cases.  

However, here we need to know that the way to write it is quite different from that of basic summary writing and the main difference is between their formats.

 So, now we are ready to start.

 

Step-I: Skimmed through the whole case

 

Under this step, it is not required for you to read the case with full concentration. In a real sense, you only need to give a skimmy look at your case so that you can have some basic idea about your case.

It is also crucial because before we identify each portion, it is required to have some basic knowledge about the case.

 

Step-II: The most important thing is to identify various categories of your case

 

The main purpose of this step to identify various parts of your case like the judgment part, etc. So now we have to highlight the points which you need to identify during the second read.

The first thing is the facts: these are the background of the case, which lead to the dispute.

Here, you need to choose only the relevant part of the facts and cancel other parts.

Note: If you are choosing a relevant part of your case, you should highlight it and, on the other hand when you are cancelling any part then you may make a cross sign over that part. If you are thinking, Why this process is important, then the answer is in the subsequent step.


 


After the facts, you need to find the main issues under your case. This process is also essential for your case briefing, and if you are not able to choose the correct issue, then your whole case brief becomes useless.

So, the key points to note that most of the cases have so many issues, and some of them are relevant, and some are not. Therefore, it is required for you to identify only the important issues.

 

Our next part to identify is the judgement part or Ratio. It is one of the most difficult parts in briefing a case as most of the part in a case consists of judgment. Here you should keep focusing on highlighting the portions relevant to your issue. It is also important to note that you should not be required to note down the judgment of every judge in the bench, but you can note down only the relevant part of judgment made in that case.

Finally, the last part to identify the significance of your particular case for the future. However, this is not a mandatory part to be identified. Nonetheless, it may help your reader to check the relevancy of your case directly.

 

Step-III: Now note down all the parts which you have highlighted under the abovementioned category

 

This is a quite simple process, but you should make sure that your highlighted parts should have some connection with each other. Otherwise, the reader may get confused and can't get the idea about the case.

You can use the words like Furthermore, Moreover, etc. to make sure that the sentence in your brief has not become isolated.


Tips:

·        Your brief should not exceed more than  500 words but there can be few exceptions for cases like Ayodha Judgment, etc.

·        The issues and Ratio in your case brief are the most things in your brief.

·        Always write your brief by taking the perspective of your reader.

·        You can also mention the citation of your case at the top of your case brief so that your reader can easily access the full case if he or she wants to go through the whole case.

You can divide ratio part court wise (Like, first mention the Judgment of Court of Appeals then House of Lords). But this thing is not against mandatory if you think that the lower court judgements are not significant.

Instead of that, you can also add on the contention from the side of the plaintiff as well as the defendant, under which you can mention the key points in the arguments of both the sides.

 

So, now you have a good sort of idea about case briefing, and I hope that the information is sufficient for you to make a good case brief.

But if you have still any doubt, you can comment us below in the comment section.

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You can also suggest any changes if you want, and, also, if you want to get help in your legal problems, you can directly contact us.

 

Thank you.

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