Instruction
How to Brief a Legal Case –
Purpose - It is important to keep in mind that the “brief” of a legal case is simply an outline of a reported legal case that is done (usually, unless part of a course assignment!) for the personal use of the person who does the brief in order to quickly refresh their memory regarding the meaning and importance of the case. In some circumstances it is done by a less senior attorney or paralegal for the use of a more senior attorney, or some other variation on this, but it is never an “official” document.
How-to - Because it is not an official document, there are no official rules for how to do the brief. If you search on the Internet, you will find a number of approaches, any one of which will work. Also, if you were doing a brief to help argue a case before the Supreme Court you would probably be concerned with details of the case that go beyond what is needed to understand the case for purposes of an ELR course. In law school, students typically are taught how to do a brief in a fairly formal way right at the outset of the program. And then, once they tire of the work of formally briefing a case in the manner they are taught, they move on to simpler techniques that involve use of hi-liters, symbols and other means of adding notes directly to the case in the casebook. Nevertheless, it is important to get to the point of understanding the basic elements of the case that should be covered in a brief before moving on to your personal style of briefing shorthand.
Caption, citation, date (caption is always either italicized or underlined)
Procedural Information – Trace the case’s path through the legal system. If the case is a United States Supreme Court decision, that usually means there were at least two other rulings that preceded it getting to this level. Which court was the trial court and how did it rule? Which appeals court heard the case and how did it rule?
Facts – what are the facts that gave rise to someone deciding to bring this as a legal case? This is the background information that tells us what was going on between the parties that ultimately resulted in a need for a judge or a jury to resolve their differences.
Issue – must be stated in such a way that the substance of the case is stated - not “should the plaintiff win?” but something like “Is a school system with ‘separate but equal’ facilities for different races a violation of the 14th Amendment to the US Constitution?”
Decision – The court’s decision, as well as the rationale as to why the court decided the case as it did. Judges/justices always provide their reasoning as to why they ruled the way they did on these particular facts. This usually includes discussion of prior cases and how the prior cases serve to inform the judge/justice as to why the case should be decided the way they have decided it.
Dissent(s), Concurrence(s), if any – These are parts of the court’s opinion that either express a judge’s/justice’s disagreement (dissent) or their agreement with the result but for slightly different reasons that they wish to explain separately (concurrence). Especially if such writing is included in an edited version of the case for a casebook, you should assume it is included because the author/editor believed something important was said therein.
Steelworkers of America v. American Manufacturing Company
363 US 564, 4 L. Ed 2d 1043, 80 S. Ct. 1343 (1960)
United Steelworkers of America v. Enterprise Wheel and Car Corporation
363 US 593, 4 L. Ed 2d 1424, 80 S. Ct. 1358 (1960)
United States Steel Workers of America v. Warrior and Gulf Navigation Co.
363 US 574, 4 L. Ed 2d 1409, 80 S. Ct. 1347 (1960)
Boys Markets, Inc. v. Retail Clerks, 26 L. Ed 2d 199 (1970)
Buffalo Forge Co. v. United Steelworkers, 49 L. Ed 1022 (1976)
Vaca v. Sipes, 17 L. Ed 2d 842 (1967)
Hines v. Anchor Motor Freights, Inc., 47 L. Ed 2d 231 (1976)
Alexander v. Gardner Denver, 39 L. Ed 2d 147 (1947)
NLRB v. Weingarten 43 L. Ed 2d 171 (1975)
Hispanics United of Buffalo v Ortiz (NLRB), 359 NLRB No. 37 (Dec. 14, 2012)