How to write a case brief for college

legal case analysis example

Secondly, a complete and accurate presentation of the legal elements of a case presents the argument of the attorney in a structured, easily digestible way. Loved the article? This understanding is crucial for the attorney presenting these arguments because often in a case, the opening or closing arguments are the only times when legal theory can be presented directly and openly.

This provides a roadmap for the judge and scoring attorneys and helps them know what to expect from each witness. The first section of this guide shows you how to identify the players without a scorecard. It will allow you to mark off the different sections such as facts, procedural history, or conclusionsthus allowing you to clear your mind of thoughts and providing an invaluable resource when briefing and reviewing.

Knowledge of how judges of a particular court normally line up on particular issues is essential to anticipating how they will vote in future cases involving similar issues. As you hit these elements or what you think are these elements make a mark in the margins.

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How to write a case brief for college

Different people will tell you to include different things in your brief. Experiment if you must, but try to choose a color scheme early on in the semester and stick with it. A brief is also like a puzzle piece. Although both teams have a pretty good idea of what the other will attempt to prove and what evidence or witnesses they will use because of the structure of Mock Trial, this knowledge should not be used in opening statements. Therefore we recommend that you save blue for the elements that you rarely highlight. Analysis 1. There is usually one main issue on which the court rests its decision. Procedural History In order to develop this section, answer the key questions: What court issued this opinion? Separate Opinions Both concurring and dissenting opinions should be subjected to the same depth of analysis to bring out the major points of agreement or disagreement with the majority opinion. Because yellow is the brightest, you may be inclined to use yellow for the Conclusions in order to make them stand out the most. The Skills Required for a Strong Opening and Closing Argument As mentioned earlier, a core set of skills is required for nearly all parts of Mock Trial competition, including opening and closing statements. This section will describe the parts of a brief in order to give you an idea about what a brief is, what is helpful to include in a brief, and what purpose it serves. The components of a closing argument are as follows: A complete review of the important evidence in the case. Identify facts established at trial.

There is usually one main issue on which the court rests its decision. It often helps if an attorney takes notes on possible ideas for rebuttal throughout the trial and starts and ends their rebuttal with rehearsed and memorized statements.

Our recommendation is a mechanical pencil. R39 ] Shapo, H. The prosecution can also play up and emphasize any negative characteristics of the defendant in order to strengthen this emotional appeal.

Keep this in mind when deciding what elements to include as part of your brief and when deciding what information to include under those elements.

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How to brief a case