Case Briefing
Finding the Parts of a Judicial
Decision
1.
Facts
includes the facts that created the dispute
as well as the procedural history of the case and prior decisions
2.
Issue(s) the
question that the court must decide to resolve the dispute between the
parties.
3.
Holding(s) is the
court’s decision on the question that was actually before it. The
holding provides the answer to the question asked in the issue
statement.
4.
Legal Rule and Reasoning
states the rule and the court’s explanation of it and supplies the
court’s reasoning for its decision. It’s important to isolate the
court’s reasoning from the facts and the holding of the case.
5.
Policy -
Underlying legal decisions are
the social policies or goal that the decision maker wishes to further.
6.
Evaluation –
Consider the court’s application of rule to the facts of the case and
the logic of the court’s opinion. Ask yourself questions like:
a. Are these relevant issues?
b.
Were all issues
dealt with in the ruling?
c.
Is there a
dissenting opinion that gives a different perspective on the law or the
facts?
d.
Is there a gap in
the court’s reasoning?
e.
Are there alternate
policies not considered?
References
Shapo, H. S., Walter,
M. R., & Fajans, E. (2008). Writing and Analysis in the Law, Fifth
Addition. New York: Thomson West.