You’ve probably overheard students in law school discussing case briefs. However, most of them despise briefs because they are overly difficult. However, it does not have to be a difficult task. This article is intended to make the process of composing a case brief easier for you.

 

 

 

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What Is The Purpose Of A Case Brief?

 

The term ‘brief’ is used in law for a variety of purposes.

 

We’re looking at the case brief that paralegal students are obliged to prepare in law class in this case. In other words, it is a synopsis of the most important aspects of court judgements.

 

Students mostly submit briefs on appeal court rulings during their schooling. When you look at case brief examples closely, you’ll see that they’re short, about one page. You’ll need to know how to brief a case in order to use it in the final test.

 

What Is A Case Brief And How Do I Write One?

 

Now that you have a basic understanding of what a case brief is, it’s time to get down to business with your case brief assignment. We’ll now go over the primary components of the template for preparing a case brief in more detail. Take a look at this tutorial on how to write a case brief:

 

  1. The case’s title and proper citations

 

The title of your case brief tells the reader what to expect from the rest of the document. It’s your chance to start the legal process in action. The reader will, for example, be able to identify the plaintiff, the appeal, the date, and the location of the detailed judgment.

 

  1. The procedure’s stance

 

The procedure posture demonstrates how the case arrived before the appeal court. As a result, you’ll need to write up a summary of the actions taken by the lower courts.

 

  1. Present facts

 

A solid case brief should include a synopsis of the key facts as well as any legal issues that arose during the trial. It should show the nature of the case, who sued whom, and on what grounds. A published court’s opinion begins with a summary of the facts. However, facts can be found in the concurring or dissenting opinion.

 

  1. The problem

 

This is the court’s major case. It’s important to remember that while answering a legal question, you must identify the key issue and present it clearly. The most amazing aspect of court cases is that they usually begin with words that identify the subject being debated. “The matter we’re dealing with today is whether…” is a solid example. The court will go to the next step and point out the legal concern. The court’s role is to determine who will win the lawsuit.

 

The fifth rule is:

 

Your case brief should capture the collection of laws that the judges used to form their judgement once the issue in the case has been established. Depending on the complexity of the case at hand, the decision may necessitate the application of several rules. Judges frequently debate the rules that capture the important points. You should emphasize these guidelines as much as possible.

 

  1. Reasoning and application

 

When reading several briefs, you’ll notice that some authors refer to the applications as reasoning/analysis. In this section, you should explain why the judges made the decisions they did. At this point, it’s important to remember all of the case’s facts as well as the various statutes that apply. Notably, the court always states what the various parties to the case are arguing about. As a result, it’s a good idea to read the entire court ruling to see how the legislation was implemented. If there were any dissenting views, make sure to look into those as well. Take note of how the various parties voted in the case. This is significant since it foreshadows what to expect in similar future circumstances.

 

  1. Conclusion

 

The final section of your brief is this. It should be a short statement that informs whether the appellate court reversed the case or upheld the lower court’s ruling. This is also where you can say whether the case was won or lost.

 

Template for a Case Brief

 

Even for experienced students, producing a case brief can be a difficult undertaking. So, how do you put together a case brief? The first step is to learn how to write a decent case brief. This will serve as a guide for what to write at each level. Here’s an example of a case brief.

 

 

 

 

 

 

 

 

 

 

 

 

Example Of How To Write A Case Brief

 

Check out this high-quality case brief example to learn more about what a case brief template is and how to construct a case brief. When doing law homework, for example, looking at a case brief sample might help you form your own brief and gain a better grasp of the complexities it may include.

 

State v. Stark, 832 P. 2d 109 (California) (1992).

 

Calvin Edward Stark is the Defendant/Appellant in this case.

 

Prosecution/Respondent: State of Washington

 

Stark tested positive for HIV in March 1988, and this was confirmed by many further tests. From June 1988 to October 1989, he got counseling from the Clallam County Health Department on safe sex and informed consent. Dr. Locke, the County Health Officer, discovered Stark having unprotected sex in October. He issued a cease-and-desist order, but Stark disobeyed it. Dr. Locke sought assistance from the prosecutor’s office in enforcing the halt and desist order in March 1990. Instead, the prosecutor instructed Locke to file a police report. Stark was charged with three charges of second-degree assault, each with a separate victim, according to the report.

 

Stark’s lawyers filed a move to suppress Dr. Locke’s testimony and anything learned from the police report before the trial. The motion was turned down. Dr. Locke’s deposition was used as evidence in the jury trial. The judge heard Dr. Locke’s testimony at the bench trial on two of the counts. Stark was found guilty in both jury and bench trials. He received a sentence that was significantly longer than the established norms in the jury trial. Stark argued his case.

 

Issues:

 

  1. Did the trial courts make a mistake by allowing the secret information obtained through Locke’s testimony and police report to be admitted?

 

  1. Whether the prosecution had provided enough proof that Stark intended to injure his sexual partners bodily?

 

  1. Is the provision that defines second-degree assault unconstitutionally vague?

 

  1. Is the extraordinary sentence on count 1 justified?

 

Holdings:

 

  1. No, by disclosing material to the prosecution, Dr. Locke did not breach Stark’s statutory right to confidentiality. He was also under no need to launch a private civil suit instead of a public criminal suit.

 

  1. No. There was enough evidence to prove intent beyond a reasonable doubt when viewed in the light most advantageous to the state.

 

  1. No. Because a reasonable person would not have to guess whether his or her actions were unlawful, the statute is not unconstitutionally ambiguous.

 

  1. Yes. The judge applied the future dangerousness test incorrectly, and the sentence duration was excessive. Only the sentence has been reversed and remanded.

 

Reasoning:

 

  1. The Act expressly permits a health officer to seek assistance from the prosecution. Because a prosecutor cannot proceed without knowing the names of the victims, the Act obviously anticipates that the prosecutor will have access to personal information at some time. Courts must interpret statutes in their entirety, not piecemeal. Parker v. State, 649 P.2d 637 (1982). In addition, there is little indication that the Legislature meant to limit prosecutorial discretion. Because the statute allows for criminal prosecution, the prosecutor must have complete discretion in enforcing the law. Once Stark committed criminal activities, he was under no responsibility to pursue the civil remedies.

 

  1. When determining whether evidence is sufficient, the court must examine the evidence in the light most favorable to the State and then determine whether a reasonable person could find the elements of a crime beyond a reasonable doubt. Rempel v. State, 785 P.2d 1184 (1990). It is undeniable that Stark “exposed” his victims since he has HIV and had unprotected intercourse. In terms of whether he intended to cause physical damage, he had received therapy, and while there is some evidence to support Stark’s position on the first count, a finding of intent is reasonable where the inferences are in favor of the State. On the second and third counts, there was additional evidence in the shape of a neighbor’s testimony that Stark claimed that if he had to die, so could everyone else, and that he had engaged in and attempted to engage in acts that Dr. Locke advised him against. This will suffice.

 

  1. Because statutes are believed to be valid, Stark must show that the statute is unconstitutionally ambiguous beyond a reasonable doubt. All other terms are less ambiguous as a result of the statute’s explicit definition of the required criminal intent. Furthermore, because the Act has nothing to do with First Amendment rights (sex is not speech), Stark can only challenge it as it applies to him, not as a whole. Stark’s claims are improbable; he sought counseling before engaging in prohibited behavior. He didn’t have to guess what the statute meant.

 

  1. In order to overturn an unusual sentence, the reviewing court must decide that the sentence was manifestly erroneous. “Substantial and persuasive evidence” is the criteria for claiming an extraordinary punishment. Nordby v. State, 723 P.2d 1117 (1986). The State used the “future dangerousness” criteria to the unusual penalty, but this only applies to sexual offences. Despite the fact that sex played a role, Stark was only found guilty of normal assault, therefore “future dangerousness” did not apply. The trial court also abused its discretion because the Legislature set the sentence at the same level as any other assault, and because there is no evidence that any of the victims has contracted HIV, the case does not represent the “worst example” of the crime sufficient to justify an unusual sentence.

 

Comment: Unlike Ashcroft, this court does not take a “piece meal” approach to statute interpretation, instead relying on common sense interpretations and legislative purpose. The difference isn’t just one of opinion; it’s also one of the weight of interests at stake. Claims of free speech must be thoroughly investigated. The State’s interest in protecting uninfected persons from obtaining HIV—in a case where there was actual rather than hypothetical harm—outweighs the necessity for rigorous construction in this case, which does not seek to impair First Amendment rights.

 

Writing a Case Brief: Some Pointers

 

Students frequently regard how to create a legal case brief as difficult due to the variety of instances and the need to understand various parts of legislation. Here are some additional suggestions to make the process of producing legal briefs easier:

 

 

 

 

 

 

 

 

Frequently Asked Questions about Case Brief Writing

 

Hopefully, you now understand how to prepare a case brief, but here are some more questions that can be used as a summary.

 

  1. How should a case brief be formatted?

 

o The case’s title and proper citations.

 

o Adopt a procedure posture.

 

o Present facts.

 

o The problem.

 

o The law.

 

o Reasoning and application

 

o Conclusion.

 

  1. What is the best way to write facts in a case?

 

In most legal opinions, the facts in various situations are always highlighted. However, you should resist the desire to duplicate the facts from the case word for word. Instead, while drafting your brief, paraphrase them.

 

  1. How do you start putting together a case brief?

 

When you’re working on a case brief, the first thing you should do is read the case excerpt. Make a point of highlighting, underlining, and annotating the facts that will be included in the case brief as you read.

 

  1. What is the definition of a written brief?

 

A case brief, sometimes known as a legal brief, is a condensed version of a legal opinion. It is not submitted to a court of law and is prepared by paralegal students for educational purposes.

 

When Should You Hire a Writer? Making a Case Brief

 

As we indicated at the outset of this article, most students find learning how to write a case brief very challenging. Even with a comprehensive guide, some students who have previously prepared briefs feel insufficient. When you think to yourself, “I need someone to help me with my assignment,” the best option is to seek writing aid from professionals. However, the intricacy of the issue at hand isn’t the only factor that can make drafting a case brief difficult.

 

 

 

 

 

Do not be concerned about how to write a case brief if you find yourself in any of the instances listed above. Instead, get assistance right away.