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A legal brief is a document written by one or more of the parties (participants) to a legal action. It includes the facts of the case, the legal issues to be determined, and references to applicable statutes (written law) and prior cases similar to yours.
Legal Writing Tip: Start Your Brief with a Solid Introduction Begin with a paragraph or two explaining who the parties are; when, where, and how the dispute arose; what the question is (what the fight is over); and why your side is right. ... List three or four reasons why you should win.
Steps to briefing a case Select a useful case brief format. ... Use the right caption when naming the brief. ... Identify the case facts. ... Outline the procedural history. ... State the issues in question. ... State the holding in your words. ... Describe the court's rationale for each holding. ... Explain the final disposition.
Title and Citation. The title of the case shows who is opposing whom. ... Facts of the Case. A good student brief will include a summary of the pertinent facts and legal points raised in the case. ... Issues. ... Decisions. ... Reasoning. ... Separate Opinions. ... Analysis. ... A cautionary note.
The Trial Brief is a chance for you to show the Judge your position on the outstanding issues, as well as the legal arguments for why the Court should order in your favor. You may need to do research at the Law Library or elsewhere in order to prepare and discuss your legal arguments.
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Does the Introduction articulate the party's claim and introduce the theory of the case by referring to the case facts? Are the parties identified? Is the procedural history included?
Steps to briefing a case Select a useful case brief format. ... Use the right caption when naming the brief. ... Identify the case facts. ... Outline the procedural history. ... State the issues in question. ... State the holding in your words. ... Describe the court's rationale for each holding. ... Explain the final disposition.
He recommends a length of approximately four-to-five pages or less if possible. The brief should contain direct points of law and attach the specific cases cited in the brief with relevant portions highlighted.
Does the Introduction articulate the party's claim and introduce the theory of the case by referring to the case facts? Are the parties identified? Is the procedural history included?
Template of a case brief Name of case. Start by saying the name of the case at the top of your case brief\u2014for example, Smith v. ... Parties. Identify the parties. ... Procedure. Identify the procedural posture of the case. ... Issue. Identify the legal issue that the opinion is addressing. ... Facts. ... Rule. ... Analysis/application. ... Holding.

sample trial brief