How do I brief a case?
Table of Contents
How do I brief a case?
Steps to briefing a case
- Select a useful case brief format.
- Use the right caption when naming the brief.
- Identify the case facts.
- Outline the procedural history.
- State the issues in question.
- State the holding in your words.
- Describe the court’s rationale for each holding.
- Explain the final disposition.
What is the IRAC method?
The IRAC method is a framework for organizing your answer to a business law essay question. The basic structure is: Issue, Rule, Analysis, and Conclusion. Using this simple framework for structuring your answer will ensure that you have written a complete answer.
Why is case Briefing important?
Case Brief. Case briefing is a long-used method of studying law. Its purpose is to have students identify the rules of law found in court cases and analyze how courts apply these rules of law to the facts of a case in an objective and rational manner.
How long does it take to brief a case?
It might seem strange that it would be hard to reference a short case, but even a short case will likely take you at least fifteen to twenty-five minutes to read, while longer cases may take as much as thirty minutes to an hour to complete.
How long should an IRAC be?
The IRAC is a four part writing method consisting of an Issue section, Rule Section, Application section, and Conclusion section. While this system may seem rigid, there is some room for flexibility which is sometimes needed in order to produce a readable answer.
What is a holding of a case?
Holding: This is a statement of law that is the court’s answer to the issue. Reasoning: This is the court’s analysis of the issues and the heart of the case brief. Reasoning is the way in which the court applied the rules/ legal principles to the particular facts in the case to reach its decision.
What is the difference between holding and dicta?
A holding is “a court’s determination of a matter of law pivotal to its decision” that sets binding precedent; in contrast, a dictum is “a judicial comment that is unneces- sary to the decision in the case and therefore not prece- dential” (Garner and Black 2009; Ryan 2003).
