Format for your Case Brief

A Sample Briefing Format

Citation: Name of the case, date decided, court

Statement of the Case: "Who is suing whom for what remedy on what basis?" (from viewpoint of trial court)

Statement of Facts: Chronological summary of all relevant facts (sometimes drawing a diagram helps)

Procedure Below: What happened in the lower court? Who won?

Result on Appeal: Was the trial court reversed or affirmed?

What is the issue?: There are usually two kinds of issues: "what is the law? (e.g., which rule should the court apply? or which interpretation of the rule should the court adopt?)" or "how does the law apply to these facts?(e.g., should these facts be characterized in such a way as to fit within the rule or outside the rule?)". A third issue: "what are the facts" is equally important in practice, but we will not usually be addressing those issues in this course. Note that one case may contain several issues.

Arguments and Analysis of Appellant: Why is the trial court wrong and what legal theory or interpretation should have been applied?

Arguments and Analysis of Appellee: What is the trial court's legal theory or application and why is that correct?

What is the holding?: One way to think of a holding is : "Under this doctrine of law, if these facts occur, then this condition of the law has been fulfilled."