Reference no: EM13773246

Case: Dementas v. Estate of Tallas

Instructions

Every lawyer briefs cases differently. A case brief generally consists of a series of topic headings with the specific information from the case under each heading. Most case briefs contain similar information but the headings and their sequence may be different. Some professors have a preferred briefing format. You are only required to follow the general format as set forth below.

The following is adapted from A Practical Guide to Legal Writing and Legal Method (Dernbach, et al.,2007).

1. Case name: Include the full citation, including the date of the opinion, for future reference and citation. An example would be as follows: State v. Holloran, 140 NH 563 (1995). Refer to Bluebook to determine the correct name for the case.

2. Pincites: Include pinpoint cites (cites to a particular page in the case) throughout the case brief so you can find material again quickly within a case.

3. Procedural History: What happened to the case before it arrived in this court? If it is an appellate case, list the decisions made by the lower court(s) and note what decision is being reviewed (e.g., jury verdict, summary judgment). You may need to look up procedural phrases with which you are unfamiliar.

4. Facts: Include only the facts that were relevant to the court's decision. You are unlikely to know what these are until you have read the entire opinion. Many cases may include procedural facts that are relevant to the decision in addition to the facts that happened before litigation.

5. Issue: The particular question the court had to decide in this case. It usually includes specific facts as well as a legal question. It may be expressed or implied in the decision. Cases may have more than one issue.

6. Holding/Decision: The legal answer to the issue. If the issue is clearly written, then the holding can
be expressed as "yes" or "no." (Be careful not to confuse the holding with implicit reasoning. See # 8
below.)

7. Rule: The general legal principle(s) relevant to the particular factual situation presented in the case.

8. Reasoning: The logical steps the court takes to arrive at the holding. It can be straightforward and obvious, or you may have to extrapolate it from the holding. Some reasoning is based on social policy, which tells you why the holding is socially desirable. Understanding the reasoning behind a decision is essential.

9. Disposition: A statement of what the court actually did in the case (affirmed, overruled, etc.)

10. Dissent/Concurrence: Although this part of the opinion is not considered law, it may help you better understand some information about the legal reasoning in the case. Not all cases have a dissent or concurrence, while some may have more than one.

11. Comments: Include your own responses to the case here. For example, does the reasoning make sense? Is the holding consistent with other cases you have read? Is the case relevant to the question you are trying to answer? This is a good place to note connections between the case you are briefing and other cases you have read.