Tag Archives: case brief

New Law Student Guide to the First Weeks of Class

Images courtesy of nuttakit at freeditigalphotos.net

Images courtesy of nuttakit at freeditigalphotos.net

It’s that time of year when law schools are preparing to welcome new students to Orientation and their first semester of classes. As a new law student, you have probably received numerous communications from your law school, providing a variety of instructions regarding your 1L year. You may have read some books which describe the law school experience, and you may have current or former law students giving you advice. There are a wealth of articles on this blog to help you during your transition to law school, but I thought that I would highlight some that may be particularly useful in the first few weeks. Here they are:

First, a couple of articles explaining one of the common approaches to the law school classroom, Socratic Method:

Here are some articles about reading and briefing cases for law school:

Next, a couple of articles about taking notes in your law school classes:

Finally, here’s an article about how to create a good study schedule while in law school:

 

More posts about how to be a successful law student coming in the future. In the meantime, does anyone have any specific questions or concerns about starting law school? Feel free to put your questions in the comments section for this post.

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Making the Case Brief Yours: Utilizing Preferred Learning Styles

Image courtesy of jesadaphorn/FreeDigitalPhotos.net

Image courtesy of jesadaphorn/FreeDigitalPhotos.net

Over the past several days, we have explored how to read and brief cases for your law school classes. I’ve explained the various components that make up a judicial opinion, and as well as the various types of judicial opinions you may encounter in your reading. Today, I want to focus on how you make the case brief yours—how you can personalize the case brief and use it to prepare for class by drawing from your preferred learning style. (If you don’t know what your preferred learning style is yet, read about how to find out what your learning style is here).

Case Brief Formats: The first way to customize your case brief is to make a conscious choice about its format. Your learning preferences may influence your formatting choices. For example, reading and writing learners may prefer a more traditional case brief format, with Roman numerals, bullet points, or bolded or underlined headings and subheadings. In contrast, if you are a visual learner, you may color-code different parts of your case brief, draw diagrams, or create mind maps. Don’t forget that the majority of learners are multimodal learners—they may draw from a variety of these approaches, rather than settling on one standard format for all situations.

You also want to think about how you will use the case brief in the future. Although a reading and writing learner may prefer to handwrite their case briefs, other students find that an electronic copy of their brief allows for the insertion of class notes and makes it easier to transition to outlining later. Some students create two columns on each page—one column with the case brief information, and the other column for taking notes in class. There is no one way to approach your case brief—ultimately, you must decide what works best for you.

Using Your Case Brief to Prepare for Class: Even after you’ve created your case brief, you may use it to prepare for class in other ways. Once again, your preferred learning style can come in handy. For example, if you are an aural learner, you may find it helpful to talk through your case brief with other students prior to class. Kinesthetic learners can also utilize this approach, even going so far as acting out parts of the case or even acting out the Socratic Method experience they expect to have in class, having other students quiz them about the case. (In fact, even if you are not a kinesthetic learner, you may find that practicing your responses to Socratic questions may reduce your anxiety about being called on in class!)

Experiment with the form of your case brief in the first few weeks of law school, and see what works best for you. Law students often have assumptions about what format they should use, but as they go through the semester they may find that another approach works better. Be flexible and figure out what seems most helpful both during class and as you continue studying the topic later after class has ended.

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Key Components of a Case Brief

Now that we’ve explored how to approach reading cases in law school, let’s focus on what should be included in your case brief: the key components of the case.

The Parties: First, look at the preliminary information found above the case and ask: Who are the parties? One way to identify the parties is by their names. Thus, in the case Smith v. Jones, the parties would be “Smith” and “Jones.” But the parties are also given titles, based upon their roles in the case. At the trial level, parties are usually known as “plaintiff” and “defendant.” In an appellate case, the parties may be known as “appellant” and “appellee,” or “petitioner” and “respondent,” depending on the court. (At the trial level, the plaintiff is the party who brought the case into court. At the appellate level, the appellant or petitioner brought the case into court.) Your brief should note both the names of the parties and their roles in the case.

The Court: The preliminary information also tells you which court heard the case. Sometimes the court is a state court, and other times it is a federal court. It may be a supreme court, or an intermediate appellate court. Include the court that decided the case in your case brief.

The Citation: The preliminary information tells you where the case was published, in other words, the citation. The cases in your casebook were originally published in bound volumes known as reporters. The citation creates a quick way of finding that original version of the case. For example, one citation might be 347 U.S. 483. The case would be found in the United States Reporter, which publishes U.S. Supreme Court opinions. The volume number would be 347, and the first page of the case would be page 483. (Don’t panic if you don’t always know what the citation means at this point—you will learn a lot more about citations in your legal research and writing classes.)

The Date: The final important piece of preliminary information is the date, which is found in parentheses after the citation. It’s important to make note of the date that the case was decided. In many classes, you will trace how legal issues developed over time, and the dates will help you relate multiple cases to each other.

Now that we’ve covered the preliminary information, let’s take a look at the various components found in the text of the case.

Procedural History: The procedural history is the history of the case. Include in the procedural history (1) what courts the case has traveled through, (2) what happened in previous court proceedings, and (3) how the case ended up in the current court.

The Issues: One way to find the issues is to ask: “What are the big legal questions that the court is considering? What has to be resolved or answered?” Sometimes the court states explicitly what the issues are. The court may say something like, “On appeal, the appellant asks us to consider whether . . . ” Or, the court may say, “The first issue is whether . . . ” In other cases, the court may not be as explicit—you’ll have to dig a little deeper to identify the issues. Keep in mind that issues are related to the law. If you’re having a hard time figuring out what the issues are, you can often use the casebook’s Table of Contents, Chapter and Section headings, case introductions, and case notes (located after the case) to help identify the issues.

Facts: There are really two types of important facts: “necessary” facts and “context” facts. Necessary facts are facts that are legally relevant—in other words, facts that the court relied upon in resolving the case’s legal issues. In contrast, context facts are facts that aid our understanding of the necessary facts—they’re not essential to the court’s decision but give a more complete picture of what’s going on in the case. Not every fact mentioned in a case is necessary or provides context. Most cases also contain extra facts that can distract you from what’s really important in the case. This is why you should sift through the facts before creating your case brief.

The Holding: The holding is the answer to the question, “How did the court resolve the issue(s)?” In other words, it is the answer to the legal questions that were asked in the case. Sometimes courts will label something as the “holding” in the case. Be cautious about these types of labels. Often, what the court calls the “holding” is actually the judgment in the case—in other words, what the court did as a result of its holding.

The Reasoning: The most important component of your case brief is the court’s reasoning, or its rationale, for the holding. To determine what the court’s reasoning was, ask: “How did the court arrive at the holding? How did the court explain the answer to the legal questions asked in the case?” You can identify the court’s reasoning by looking for the places where the court is applying law (statutes, regulations, or other cases) to the facts. In your case brief, make note of the law that the court used to answer the legal question(s). Put this law into your own words rather than writing it out word for word—you will understand and remember it better in the future. After identifying the relevant law from the case, look closer at how the court applied that law to the facts. Were there particular facts that the court viewed as important to its analysis? Were there other facts that the court said were not important?

Sometimes the court also applies policies in their analysis of the law and facts. When a court considers policy arguments, it is weighing the potential effects on society of different approaches to the issues. If the court discusses policy arguments in its reasoning, you should note those policies and how the court applied them.

The Judgment: Finally, make note of the judgment in the case—in other words, what the court did as a result of the holding. The judgment refers to how the appellate court resolved the case on appeal, and it may provide instructions to the trial court. Look for words such as “affirmed,” “reversed,” or “reversed and remanded.”

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