Criminal Law : Case Briefs

Criminal Law : Case Brief (How to write a case brief)

2. Prior Procedural History: (Here the student should specify the procedural background of the case. This section should describe the history of the litigation process from trial through appeals.)

3. Facts of the Case: (Here the student should outline the essential facts of the case, particularly those facts bearing upon or leading up to the issue.)

4. Issue(s): (Here the student should outline the specific question of law or legal dispute to be resolved by the court.)

5. Issue (Here the student should write the legal question that the Court is deciding.

6. Holding. (Here the student should outline the rule of law or applicable test to be applied within a specific set of facts.)

7. Reasoning: (Here the student should discuss the reasoning behind the court’s decision. Was the decision based on precedent, public opinion, economics, fundamental fairness, etc.?  In this section it is often helpful to evaluate the significance of the case, its relationship to other cases, its place in history, and what, if any, impact it has on future decisions or practices.)

8. Decision: (Here the student should indicate the final decision of the court in this case.)