How to Brief a Case
CASE BRIEF FORMAT - IRAC
METHOD
Use the following format for briefing of the
cases:
1. Name of the case
2. Statement of Facts
3. Issue (Question)
4. Rule (Statement of the Law)
5. Application
6. Conclusion
1. The statement of facts should be a short summary including only the essential facts. In most cases you read, the decision is based on a few determining facts. DO NOT COPY THE ENTIRE FACTUAL STATEMENT FROM THE TEXT. State the procedural facts (who is suing whom, the cause of action, the remedy sought, the result in the lower court or courts) - what we call the "posture of the case."
2.The ISSUE or question of law is the central or focal legal question in the case. The student will have to determine the question of law by a careful
reading of the case. NOTE: There may be more than one issue.
3. The RULE of law will generally be obvious. However, the judge does not always state the rule of law clearly. In some cases, it must be abstracted by a careful reading of the text. The question to ask is, "What legal principle does this case stand for?" If there is more than one issue, there should be a rule for each issue.
4. APPLICATION of the rule or rules of law to the facts of the case is an important part
of briefing. Look for specific facts in the case to justify the
conclusion of the court. This is the analytical aspect.
5. CONCLUSION - how the Court answers the problem.
6. All case briefs must be in writing and must contain ALL six parts of the case brief format. Be prepared to read the brief in class and answer
questions about it. The original will be turned into the instructor. Keep a copy of your brief
METHOD
Use the following format for briefing of the
cases:
1. Name of the case
2. Statement of Facts
3. Issue (Question)
4. Rule (Statement of the Law)
5. Application
6. Conclusion
1. The statement of facts should be a short summary including only the essential facts. In most cases you read, the decision is based on a few determining facts. DO NOT COPY THE ENTIRE FACTUAL STATEMENT FROM THE TEXT. State the procedural facts (who is suing whom, the cause of action, the remedy sought, the result in the lower court or courts) - what we call the "posture of the case."
2.The ISSUE or question of law is the central or focal legal question in the case. The student will have to determine the question of law by a careful
reading of the case. NOTE: There may be more than one issue.
3. The RULE of law will generally be obvious. However, the judge does not always state the rule of law clearly. In some cases, it must be abstracted by a careful reading of the text. The question to ask is, "What legal principle does this case stand for?" If there is more than one issue, there should be a rule for each issue.
4. APPLICATION of the rule or rules of law to the facts of the case is an important part
of briefing. Look for specific facts in the case to justify the
conclusion of the court. This is the analytical aspect.
5. CONCLUSION - how the Court answers the problem.
6. All case briefs must be in writing and must contain ALL six parts of the case brief format. Be prepared to read the brief in class and answer
questions about it. The original will be turned into the instructor. Keep a copy of your brief