Briefs should be no more than two pages for each case. submit all of | Diasaster Management | Nova Southeastern University

How to Brief a Case

In this course, you will be required to read case law. Briefing a case allows you to synthesize the information from the case in order to facilitate understanding of the case. It further provides a quick “cheat sheet” for you as it summarizes the pertinent portions of the cases for easy reference. Therefore, you will be able to refer back to your case briefs during class discussions as well as for your assignments, quizzes, and examinations. Please make sure to take a look at the “Sample Briefed Case” that points out the relevant portions of the case that you want to ensure are covered in your briefs.

For this course, you should conform your case briefs as follows:

1. On top of the page (centered) you should indicate the
case name and citation as listed on the syllabus.

2. Your next section will be the “
facts” section. In this section, you will provide a brief summary of the relevant facts of the case. In order to determine what is relevant for the purposes of this summary, you will want to focus on the issue presented in the case. Think about what the court is called upon to decide. Your summary should flow from there.

3. Your next section will be the “
issue” section. This discusses the question that the court is called upon to answer in the case. Many times, a court will state the issue very simply. (e.g. “Whether or not the proposed legislation violates the First Amendment.”) You will be able to recognize the central issue in the case because it many times begins with the word “whether.” You should also pay attention to sub-issues. For example, in order to determine whether or not the proposed legislation violates the First Amendment, another question should be decided. The court may also list this in their discussion.

4. Your next section will cite the applicable “
rule.” Many times the applicable rule is a particular statute or constitutional provision. However, many times the cited rule comes with an accompanying test that also requires recitation. For example in a case that implicates the 14th Amendment, the court could be called upon to decide whether or not a race-conscious admissions policy at a university violates the 14th amendment. Thus, when stating the applicable rule, you will cite the 14th Amendment. However, you will
also cite the applicable test. (e.g. When race is implicated, under the equal protection clause, the proposed policy will be subject to strict scrutiny which requires that the policy be narrowly-tailored and serve a compelling state interest.) Many times in cases, the rule is prefaced by the word, “where…” (e.g. where race is implicated, strict scrutiny applies.)

5. Your next section will cite the “
analysis” used by the court. How did the court come to it’s ultimate decision? What rationale (or reasoning) did they use? What factors were determinative?

6. Your final section will cite the “
holding” (or the final decision) of the court. How did the court rule? Did the court overturn the decision of the lower court? (i.e. reverse) Or did the court affirm the decision of the lower court? Many times, you will recognized the holding because the court will say, “this court holds,” or “it is the decision of this court,” or “therefore, this court affirms the decision of the appellate court.”

** Note:

Many times your cases can have more than one issue. Make sure that you provide the issue, rule, analysis, and holding for each issue.

b. Make sure that you understand the procedural history of the case that you are reading. Many times the cases we read are appellate cases. This means that they have already been heard by the trial court and is being re-considered for some reason. The beginning of the case will set forth the main facts. Then, usually, the court will discuss what happened in the court(s) below.
MAKE SURE NOT TO CONFUSE THE ISSUES BEFORE THE COURT IN THE CASE YOU ARE READING!! (i.e. If you are reading a case before the Supreme Court of the United States, the case will likely summarize what happened at trial, what happened at the State Supreme Court level and/or what happened at the Circuit Court of Appeal level before discussing the issue before it.)

Get 20% Discount on This Paper
Pages (550 words)
Approximate price: -

Try it now!

Get 20% Discount on This Paper

We'll send you the first draft for approval by at
Total price:

How it works?

Follow these simple steps to get your paper done

Place your order

Fill in the order form and provide all details of your assignment.

Proceed with the payment

Choose the payment system that suits you most.

Receive the final file

Once your paper is ready, we will email it to you.

Our Services

Quality Essay Help has stood as the world’s leading custom essay writing services providers. Once you enter all the details in the order form under the place order button, the rest is up to us.


Essay Writing Services

At Quality Essay Help, we prioritize on all aspects that bring about a good grade such as impeccable grammar, proper structure, zero-plagiarism and conformance to guidelines. Our experienced team of writers will help you completed your essays and other assignments.


Admission and Business Papers

Be assured that you’ll definitely get accepted to the Master’s level program at any university once you enter all the details in the order form. We won’t leave you here; we will also help you secure a good position in your aspired workplace by creating an outstanding resume or portfolio once you place an order.


Editing and Proofreading

Our skilled editing and writing team will help you restructure you paper, paraphrase, correct grammar and replace plagiarized sections on your paper just on time. The service is geared toward eliminating any mistakes and rather enhancing better quality.


Technical papers

We have writers in almost all fields including the most technical fields. You don’t have to worry about the complexity of your paper. Simply enter as much details as possible in the place order section.