Sports related Case Brief
A case brief is a summary of a legal opinion. A case brief is neither an argument nor submitted to a court. It is a study tool used by law students to prepare for class and final exams. A case brief might also be referred to as a “legal brief” or “case summary,” which better encapsulates the meaning and avoids the ambiguity of the word “brief.” Organization of a Case Brief:
1. Citation (complete name of case, citation, date and name of court issuing the opinion)
2. Facts: Without copying the court’s language, outline the facts and provide the reader with a clear understanding of the case. The facts section of your case brief should include the following information: o the cause of action (g., a suit for replevin, breach of contract, and so forth), o an identification of the plaintiff and the defendant in the case by party name, o the operative facts of the case that led to the dispute between the parties, o the trial court/jury’s holding, and o the appellate court’s holding (if appealed)
3. Legal Question: You should identify the legal issue being emphasized. Your issue must not be fact specific. This means that the issue section should not contain the factual details of the case.
4. The issue should be a legal question, not a procedural one. Sports related Case Brief
5. Finally, your issue section should be phrased as a question that facilitates a “yes” or “no” answer. Never create an issue that invites an ambiguous answer. o Example: Does a state law forbidding the teaching of any subject in any language other than English in private, parochial, or public schools within a state violate the Due Process Clause of the Fourteenth Amendment?
6. Decision: (answers the legal question and provides the final vote and who wrote the opinion)
7. Court’s Rationale: Now that you have identified the facts and salient legal issues in the case, you are ready to explain how and why the court decided the case. You should start your holding and reasoning section by answering the question posed by the issue section with a simple “Yes” or “No.” This section of your case brief should contain as much of the following information as possible:
8. A “yes” or “no” answer to the question posed by the legal question section,
9. The relevant legal principles and rules used to decide the case,
10. The application of those principles to the facts of the case,
11. The court’s conclusion,
12. The procedural disposition (g., reversed and remanded, affirmed, etc.), and
13. The names of any seminal cases or important statutes used by the majority in its opinion.
14. A Summary of the Concurrence and Dissent: All concurrences and dissents in the casebook should be covered in your case brief. Concurrences and dissents in opinions are often short in length and so should be your summary of that material. Be sure to answer specifically the question of why a judge decided to write separately.
15. Note, too, that sometimes a judge or justice will concur in part and dissent in part. Make sure to note this in your brief, for example, by using the header “CONCURRENCE/DISSENT.” Sports related Case Brief
16. Significance of the Case: It is a short statement saying the court affirmed or reversed the case and held for the appellant, appellee or defendant. However, the parties are designated. It is time to say who won and who lost. Give the answer whether you agree or disagree with the court, and how might it have been decided? Sports related Case Brief