How to write a legal brief canada
When you read a case for the first time, read for the story and for a basic understanding of the dispute, the issues, the rationale, and the decision. This is probably the most difficult aspect of the case to determine.
The process of putting the case into your own words forces you to digest the material, while annotating and highlighting can be accomplished in a much more passive manner.
How to write a case note
Depending on the brand, purple and green can be dark, but still work well. C53 ] Edwards, L. The goal is to remind yourself of the basic reasoning that the court used to come to its decision and the key factors that made the decision favor one side or the other. Like annotating, highlighting may seem unimportant if you create thorough, well-constructed briefs, but highlighting directly helps you to brief. The legal research and writing handbook: A basic approach for paralegals 7th ed. Separate Opinions Both concurring and dissenting opinions should be subjected to the same depth of analysis to bring out the major points of agreement or disagreement with the majority opinion. Legal research, analysis, and writing 5th ed. For instance, you might combine the use of annotations in the margins with the visual benefit of highlighting the relevant text.
Because briefs are made for yourself, you may want to include other elements that expand the four elements listed above. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the Facts and the Analysis, while the Issues and Holdings demanded the least.
You may prefer to underline the relevant text with a pencil, but to use a highlighter to bracket off the different sections of a case.
Law case study examples pdf
If you prefer a visual approach to learning, you may find highlighting to be a very effective tool. Your textual markings and margin notes will refresh your memory and restore specific thoughts you might have had about either the case in general or an individual passage. Set it off with quotation marks or underline it. These brackets will allow you to color-code the case without highlighting all the text, leaving the most important phrases untouched for a more detailed highlight marking or underlining. Related content. Board of Education involved the applicability of a provision of the 14th Amendment to the U. There is no substitute for taking the time to frame carefully the questions, so that they actually incorporate the key provisions of the law in terms capable of being given precise answers. H36 ; For 3rd ed. In the personal experience on one of the authors, the sections of cases that seemed to demand the most highlighter attention were the Facts and the Analysis, while the Issues and Holdings demanded the least. You are the person that the brief will serve! An effective way to reduce this time is to annotate the margins of the casebook.
Remember that the purpose of a brief is to remind you of the important details that make the case significant in terms of the law. A statement of the relevant law, with quotation marks or underlining to draw attention to the key words or phrases that are in dispute.
How to write a case brief example
New York: Oxford University Press. No matter how long it takes, the dense material of all cases makes it difficult to remember all your thoughts, and trying to locate specific sections of the analysis may feel like you are trying to locate a needle in a haystack. But what parts of a case are relevant? Different people will tell you to include different things in your brief. What should you highlight? Law KF Yellow, pink, and orange are usually the brightest. Most professors will espouse the value of briefing but will never ask to see that you have, in fact, briefed. The fact section of a good student brief will include the following elements: A one-sentence description of the nature of the case, to serve as an introduction. To the extent that more elements will help with organization and use of the brief, include them. First, buy yourself a set of multi-colored highlighters, with at least four, or perhaps five or six different colors. Remember that everything that is discussed may have been relevant to the judge, but it is not necessarily relevant to the rationale of the decision. The name of the person who initiated legal action in that particular court will always appear first.
based on 22 review