Case Briefs

Information of the case / heading

 Nature of the case

 Reference (name)

 Institution (tribunal)

 Date

 Key words
Facts

 Facts to be taken into account by the Judge

 Identify substantive relevant facts

 And even procedural significant facts.

 Avoid insignificant details

 Facts Related to the dispute

Legal issues

 It is a legal question

 The object of the dispute or consult

 It is an “abstract” problem, though related to the parties in the dispute

 When several issues, identify the main issue

Rules applied

 The legal norms the Judge used to resolve the case

 Sources of law
Reasoning

 The court’s analysis of the issue(s) and the heart of the case brief.

 Reasoning is the way in which the court applied the rules/ legal principles
to the particular facts in the case to reach its decision.

 This includes syllogistic application of rules as well as policy arguments the

court used to justify its holding
Rule(s) of law / holding

 A statement of law that is the court’s answer to the legal issue.

 A rule that can be applied to similar cases.

Final decision

 The concrete conclusion to the dispute

 Support of the Court: Concurring / Dissenting Opinions