How to Brief Template.oo3

Topic Notes

I. Instructions1. Not all fields will be found and your brief need not look at all like this. What

ever is sufficient to convey the meaning and value of the reading to you prior to finals. You will be unable to reread all the cases covered again during finals time. This is your chance to summarize.

2. All content with an asterisk (*) can and must be found within every case. In many situations certain pieces of content may be missing. Where the facts are likely to always be covered there may not always be a concurring opinion.

3. Page Requirements: In terms of how thorough you ought to be, that is up to you to decide. But this assignment cannot be done properly in less than one full page of content. I will not accept a thin outline or anything less than a page, despite how a sufficient brief may take far more than that.

4. There is no definitive structure on how to create your brief, insofar as the content is there and in a manner that conveys all the content you will be fine.

II. Case Heading1. (Name)*2. (Date)*3. (Place and Court of Decision)*4. (Page in Casebook)5. (Judge who wrote opinion)

III. Parties' Names and Their Relationship*1. Plaintiff/Appellant/Petitioner

a.2. Defendant/Respondent

a.3. What is their relationship?

a.IV. Facts* (Quick Reminders of the Story of the

Conflict) 1. (What Influenced the Court?)2.3.V. Steps of Procedural History* (Describe History) 1. (Trial)2. (Appellate)3.

VI. Issues Presented*1. Substantive (Ex: Where the purchase price is

substantially higher than the value of an item, will the price render the sale unconscionable as a matter of law?)

2. Procedural (Ex: Did the lower court err in dismissing the complaint as a matter of law?)

3. Threshold (Ex: Subject Matter Jurisdiction, Diversity, Federal Question....)

VII. Relevant Law*1. List all Elements (Common Law)

a.b.c.d.

2. List all Elements (Codified Law)a.b.c.d.

VIII. Party Arguments (What are the Arguments?)1. Plaintiff's Argument(s)

a.

Topic Notes

VIII. Party Arguments (What are the Arguments?)1. Plaintiff's Argument(s)

a.b.

2. Defendant's Argument(s)a.b.

IX. Court's Reasoning and Rule* (What is the court's reasoning when applying the law to the facts, and what is resulting rule?)

1.2.

X. Result of the Case* (Who wins? Reversed? Remanded?...)1.

XI. Dissent/Concurring1. (Judge's Name)2. (Breadth of Argument)

XII. Legal Strategy1. (Did the attorney make any strategic

decisions?)XIII. Notes

1. (Questions, Concerns, Criticisms for Class)2.3.4.