LS204 Legal Research and Writing

This week in LRW Think Tank you will be crafting a summary of a court opinion, or a case brief. A case brief is constructed as a research tool used to quickly review the notes on that particular opinion. We will also explore how Key Cite can help you to understand the case and how that case serves as precedent.

Short concise statement of the facts that lead to the legal problem in this case. Procedural history (how the case moved through trial then appellate courts goes in this section too.

 

Issue
State the legal question that was presented to the court in this case. You will have to read the case and devise the issue question in your own words. The court opinion doesn’t always lay it out clearly for us.

 

Rule
State the rule or rules relied on in determining the conclusion in the case. This will include any constitutional provisions, statutes, cases or rules/regulations relied on in making this decision.

 

Analysis
State the court’s rationale for making its decision. Focus in this section should be what the court explained as the law and its application in this case.

Conclusion
Short concise statement of the final determination of the court in this case. This section should also outline the rule developed by the court and its specific application in this case. Our text integrates the conclusion and the holding or rule established in the case into this category. 

After reading the court opinion and drafting your case brief, look through KeyCite to explore how this case has been used in subsequent courts (also known as the treatment of the case). Please locate the following using Key Cite and include the Bluebook citation for the source:

a. A law review or journal discussing your case

b. A case that disagrees with or distinguishes your case

c. A case that agrees with or followed your case.

d. An Annotation or Encyclopedia article referencing your case

e. Which of these sources do you feel is the most helpful in     understanding your case and its impact on the cases that came after it?

f. How might this case be used in future legal arguments?