Case Brief

[missjeff]

Hi, I know that their are some attorneys and paralegals that visit this board. I have to do a project for one of my family law classes, and we have to do a case brief dealing with a family law court of appeal opinion in louisiana. I was wondering if anyone had a case brief on hand that they could email me so that I could get some examples of how to complete this assignment. If so I can be emailed at srjjames2002@yahoo.com

What is it that you need help on? structure of a brief or just how about getting the research?


I am a paralegal and I work primarly in family law and have done tons of these.... if you got questions i can try and help.... just PM me.

[missjeff]

Thanks for replying, I need help on the stucture.

have you taken legal anaylisis and writing?


THIS IS THE BEST EXPLAINATION OUT THERE. IT EXPLAINS EVERY SECTION THAT IS CONTAINED INA BRIEF

a case brief has many parts to it. To break it down remember it is a BRIEF...in short concise sentences :

CASE NAME


Facts: Summarize the facts of the case. List only the essential facts that you need to understand the holding and reasoning of the case.

Procedure: Most of the cases that you'll read in law school will be appellate courts decisions. In this section, you want to list what happened in the lower court(s). Do not go into too much detail. One or two sentences are sufficient for this section.

Issue(s): What is/are the question(s) facing the court? Form the issue questions in a way that they can be answered by yes or no.

Holding: How did the court answer the issue question(s)? YES/NO?

Reasoning: This is the most important section of your case brief. Here you want to list the reasoning of the majority in reaching its decision. You can actually be quite detailed in this section. List what the law was before this case was decided and how the law has changed after this decision. Law professors focus on this section in class more than they focus on any other part of the case.

Concurring/dissenting opinions: Even though I read the concurring and dissenting opinions, I rarely brief them. However, there are some cases (e.g. Youngstown Sheet & Tube Co. v. Sawyer) where the concurring or dissenting opinions end up becoming more important than the majority's opinions. In such cases, you should add this section to your case brief.