Reference no: EM13867123

How to Read and Brief a Case Study "City of Indianapolis v. Edmond".

Note that other professors may recommend a brief format which varies from this general approach. For this class, please use this format given. In addition, you may, in time, develop your own style. This outline provides you with a starting point.

Please read the case assigned to your name and prepare you're a case brief. You covered case briefing in Fundamentals of Law; therefore this will all be review. To make sure that we are on the same page, let us first begin with the same understanding of what is a case brief.

A brief is a structured outline of a case. The brief is for your own personal use as you prepare for class, recite during class, and study for the examination. A brief typically contains the following:

1. Citation (BB r. 10)

- Name of case. Smith v. Smith, 101 So.2d 94, 96 (FL District Ct. 1994).

- Jurisdiction (federal or a particular state?).

- Court (if state, what level of appellate court; if federal, is it a district, circuit, or Supreme Court case?).

- Year of decision.

- Page on which case is reprinted in your casebook.

2. Facts

- Who are the parties (e.g., plaintiff and defendant)?

- What is the plaintiff seeking?

- What is the factual basis of the plaintiff's claim? (It is helpful to associate a few key facts with the name of the case so you can quickly recall the case.)

- Upon what legal theory is the plaintiff relying?

- What is the defendant's defense?

- Include only the relevant facts.

3. Procedural History

- Who won at the trial level?

- Who won at the lower appellate level if case had already been appealed?

- Is there other important information about the procedural posture of the case?

4. Issue(s)

- One sentence question posing the issue(s) the court needs to decide.

- State the precise legal issue(s) using the key facts of the case.

5. Holding

- Statement of what the court decided (the answer to the issue(s) you previously phrased).

- Distinguish from dicta, that is, the court's statements about matters not directly relevant to the issue which are not
binding on future cases.

6. Reasoning

- Legal reasons behind the court's decision.

- Policy grounds underpinning the court's decision.

7. Procedural Result

- Did the court affirm (agree with) or reverse (disagree with) the lower court's decision?

- What happens next? (e.g., plaintiff collects money; defendant goes to jail, new trial, etc.)

8. Other Opinions

- Concurring Opinion - Judge agreed with the result but for a different reason.

- Dissenting Opinion - Judge disagreed with the result.

As you read the case, you are likely to encounter many terms with which you may not be familiar (e.g., "directed verdict," "certiorari," "constructive notice," "remand"). Do not panic and do not become frustrated - most of your colleagues are in the same position.